On February 23, 2021, The City Council of the City of Banning awarded a contract agreement with Mariposa Landscapes, Inc., in the amount of $96,684.00 to cover monthly service costs, with a 10% contingency to allow for additional work and irrigation repair services as needed, for a total not to exceed $ 106,352.
After the Council approval, Mariposa Landscape Inc., informed the City that there was a significant error in their proposal as the total compensation amount was based on a twelve- month calendar rather than the requested fifteen- month contract term and their monthly proposal less additional work should have been $8,057.00 per month rather than the $6,445.60 per month that was included in their proposal. After discussions between the Purchasing Division, Mariposa agreed to move forward within the awarded total monthly contract amount of $ 7,090.16. The adjusted monthly amount did not change the placement of Mariposa landscapes, Inc., as compared to the other submitted proposals and therefore the City and Mariposa Landscapes Inc., executed the Parks Landscape Maintenance Agreement ( C00698)
The original agreement allows for four (4) one-year extensions if the services are provided satisfactorily as per the agreed upon scope of services. Mariposa Landscapes Inc., has exceeded the expectations with regard to their service over the length of the original contract term, noticeably improving the parks overall aesthetic look and turf management.
Additionally, Mariposa Landscapes Inc., has been very responsive to questions and provided ideas for improvements over the last year.
For those reasons stated, it is staff’s recommendation that the city authorize Amendment No. 1, to the Parks Landscape Maintenance contract with Mariposa Landscape Inc., for Fiscal Year 2022-23, for the term of July 1, 2022 through June 30, 2023.
Pursuant to Section 2.1 of the original agreement, the total compensation can be adjusted to reflect the annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI) Riverside – San Bernardino – Ontario Area. For the period from March 2020 to March 2021, the CPI was at 8.6%. Reflecting the CPI rate of 8.6%, the monthly service rate will increase from $ 7,090.16 to $7,699.91.
JUSTIFICATION:
The Parks and Recreation Department does not have the required staff needed to perform the scope of work included in the Scope of Services and maintain the current service levels of our parks, therefore; it is necessary to retain a landscape maintenance contractor to provide these services. Mariposa Landscapes, Inc. came to the city highly as a highly respected vendor and has performed above expectations.
FISCAL IMPACT:
The total annual compensation of $92,398.92 as well as the 10% contingency amount for additional work results in the Not to Exceed amount of $ 101,638.80. The funding for 30 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 420
Staff Report: Resolution 2022- 56, Approving Contract for City Parks Landscape Maintenance May 10, 2022
parks landscape maintenance will be fully funded within the parks operational budget account 001-3600-461.23.-29.
ALTERNATIVES:
The City Council may choose to reject this action which would result in a significant reduction in Parks landscape maintenance. The City does not have staff resources to perform the landscape maintenance included in the scope of work.
ATTACHMENTS:
1. Resolution 2022-56
https://banningca. gov/DocumentCenter/ View/10468/Att-1-Resolution- 2022-56- Mariposa- Landscapes- Amendment- No-1
2. Scope of Work
https://banningca. gov/DocumentCenter/ View/10469/Att-2-Scope- of-Work-from-RFP20-035
3. Draft Amendment No. 1 to Agreement
https://banningca. gov/DocumentCenter/ View/10465/Att-3-Draft-Amendment- 1
4. Mariposa Landscapes Inc., Original Proposal
https://banningca. gov/DocumentCenter/ View/10466/Att-4-Mariposa- Landscape- Inc-- Proposal
5. Amendment No. 1
https://banningca. gov/DocumentCenter/ View/10467/Att-5-Mariposa- LandscapesOriginal- Agreement Approved by:
Douglas Schulze
City Manager
31 https://banningca.gov/DocumentCenter/View/10467/Att-5-Mariposa-Landscapes- https://banningca.gov/ Original-Agreement DocumentCenter/
View/10467/Att-5-
Mariposa-LandscapesOriginal-Agreement
https://banningca.gov/DocumentCenter/View/10466/Att-4-Mariposa-Landscape-Inc--- https:// Proposal banningca.go
v/
DocumentCe
nter/
View/10466/
Att-4-
MariposaLandscapeInc---
Proposal
https://banningca.gov/DocumentCenter/View/10465/Att-3-Draft-Amendment-1 https://banningca.gov/DocumentCenter/View/10469/Att-2-Scope-of-Work-from- https:// RFP-20-035 banningca.
gov/
Document
Center/
View/1046
9/Att-2-
Scope-ofWorkfromRFP-20-03
5 https://banningca.gov/DocumentCenter/View/10468/Att-1-Resolution-2022-56- https://banningca.gov/DocumentCenter/ Mariposa-Landscapes-Amendment-No-1 View/10468/Att-1-Resolution-2022-56- Mariposa-Landscapes-Amendment-No-1
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 421
RESOLUTION 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE MAINTENACE OF CITY PARKS FOR FISCAL YEAR 2022/2023 IN AN AMOUNT NOT-TO-EXCEED $ 101,638.80
WHEREAS, the Parks and Recreation Department does not have the required staff needed to provide parks landscape maintenance for City parks; therefore, it is necessary to retain a landscape maintenance service provider to effectively, efficiently and safely maintain the current service level for City parks; and WHEREAS, at the regularly scheduled meeting on February 23, 2022, the City Council awarded a Park's Landscape maintenance contract ( C00698) to Mariposa landscapes, Inc., for maintenance of City Parks; and
WHEREAS, the initial Agreement for maintenance ofthe City Parks was for a term offifteen ( 15) months with four (4), one (1) year renewal options upon satisfactory review of the previously provided services; and
WHEREAS, the original contract was in the amount of $96,684, with a 10% contingency, for a total not to exceed amount of $106,352; and WHEREAS, Mariposa Landscape Services, Inc., has provided satisfactory service to the City over the term of the initial contract; and
WHEREAS, the ContractAgreementwith Mariposa Landscapes, Inc., provides an option to renew at the annual rate plus the annexed CPI for the previous year for up to four (4) additional years upon satisfactory review of the previously provided services; and WHEREAS, staff recommends the continuation of Mariposa Landscape, Inc., services for Fiscal Year 2022/2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofBanning as follows:
SECTION 1. Amendment No. 1 to the Agreement between the City of Banning and Mariposa Landscapes, Inc, is approved for an additional one ( 1) year term from July 1, 2022 to June 30, 2023 in the not to exceed amount of $101,6383.80 including a 10% contingency for additional work not included in the scope of services.
SECTION 2. That the City Manager or his designee is authorized to make all necessary budget adjustments, appropriations and transfers related to the agreement for Landscape Maintenance of City parks.
Resolution 2022-56
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 422
SECTION 3. That the City Manager is authorized to execute Amendment No. 1 with Mariposa Landscapes, Inc.
SECTION 4 . The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions .
PASSED, APPROVED AND ADOPTED this 10th day of May 2022.
Caroline Patton, Dep
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
zS:~==-·
Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2022-56
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 423
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2022-56, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of May 2022 by the following vote, to wit:
AYES: Hamlin, Happe, Pingree, Sanchez, and Wallace.
NOES:
ABSENT:
ABSTAIN:
Resolution 2022- 56
Caroline Patton, De City Clerk
City of Banning , California
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 424
11303-0001\2191356v2.doc
AGREEMENT FOR CONTRACT SERVICES (C00698)
FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY
PARKS
By and Between
THE CITY OF BANNING,
A MUNICIPAL CORPORATION
and
MARIPOSA LANDSCAPES, INC.
a California corporation
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 425
-1- 11303-0001\2191356v2.doc
AGREEMENT FOR CONTRACT SERVICES (C00698) FOR LANDSCAPE
MAINTENANCE SERVICES FOR CITY PARKS BY AND BETWEEN CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: ________________, by and between the CITY OF BANNING, a municipal corporation (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation and licensed contractor (California License Number 592268) (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals (RFP No. 20-035), the performance of the Services defined and described particularly in Article 1 of this Agreement, including turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations at the following locations: Dysart Park, Lion’s Park, Repplier Park, Roosevelt Williams Park, and Sylvan Park.
B. Contractor, following submission of a proposal or bid for the performance of the Services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those Services.
C. On February 23, 2021, City Council approved the award and execution of this Agreement.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
E. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 3/22/2021
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 426
-2- 11303-0001\2191356v2.doc
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, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Order of Precedence.
The Scope of Services shall include City’s Request for Proposals (“RFP”) and the Contractor’s Response to the City’s RFP (“Response”) which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of this Agreement and the RFP or Response, the terms of this Agreement shall govern. In the event of any inconsistency between the terms of the City’s RFP and the Contractor’s Response, the City’s RFP shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with 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, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 427
-3- 11303-0001\2191356v2.doc
1.6 Prevailing Wages.
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.7 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Services beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Services. No such extra Services may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to 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 the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the sum of NINETY SIX THOUSAND, SIX HUNDRED AND EIGHTY FOUR DOLLARS ($96,684.00) (the “Contract Sum”) annually, unless additional compensation is approved pursuant to Section 1.7.
Compensation may be adjusted annually on July 1st of each year, or during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index agreed upon by the City and Contractor, as set forth over the previous available twelve (12) months prior to the date of adjustment.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 428
-4- 11303-0001\2191356v2.doc
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor charges. Sub-contractor charges shall also be detailed by such categories.
City shall independently review each invoice submitted by the Contractor to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for Services performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3. City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice(s). 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.
ARTICLE 3. TERM
3.1 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall commence on April 1, 2021 and shall expire on June 30, 2022. This Agreement shall include the option to extend for four (4) additional one-year terms if agreed to in writing in advance by both Parties.
ARTICLE 4. COORDINATION OF SERVICES
4.1 Representatives and Personnel of Contractor.
The following principal of Contractor (Principal) is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith.
Terry Noriega, President
4.2 Representative Name, Title.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 429
-5- 11303-0001\2191356v2.doc
4.3 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.4 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.5 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.6 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 430
-6- 11303-0001\2191356v2.doc
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet the standards specified in Section 5.5. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 431
-7- 11303-0001\2191356v2.doc
Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
5.2 General Requirements.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.
Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Contractorshall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.
Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 432
-8- 11303-0001\2191356v2.doc
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.
If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
5.3 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 433
-9- 11303-0001\2191356v2.doc
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.
If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
5.4 Performance Bond.
Concurrently with execution of this Agreement, and if required in Exhibit “B”, Contractor shall deliver to City performance bond in the sum of the amount of the Contract Sum, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
5.5 Sufficiency of Insurer or Surety.
Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 434
-10- 11303-0001\2191356v2.doc
required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Documents and Materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted Documents and Materials without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 435
-11- 11303-0001\2191356v2.doc
Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any Services performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 436
-12- 11303-0001\2191356v2.doc
default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.
In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 437
-13- 11303-0001\2191356v2.doc
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Not Applicable ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of Services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Agreement or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the Services actually performed hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 438
-14- 11303-0001\2191356v2.doc
accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 439
-15- 11303-0001\2191356v2.doc
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 440
-16- 11303-0001\2191356v2.doc
9.6 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 441
-17- 11303-0001\2191356v2.doc
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.
Laurie Sampson Date
Acting Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval: 02/23/2021
Kevin G. Ennis, Esq., Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 Terry Noriega
President
95-4245898
3/19/2021
6232 Santos Diaz ST, Irwindale CA 91702
3/19/2021
3/22/2021
3/22/2021
DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 442
Exhibit A -1
11303-0001\2191356v2.doc
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in RFP 20-035.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 443
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
IV. SCOPE OF WORK
IV.A Introduction
The City of Banning is seeking proposals from qualified contractors and intends to retain the services of a contractor to provide landscape maintenance services for its properties throughout the City. The City is considering awarding a contract to begin April 1, 2021, for a term of one (1) year and (3) three months with the option to renew for an additional four (4) single years upon an annual review of the provided services. The City of Banning reserves the right to accept or reject any or all proposals. These Specifications and Scope of Services shall become part of the contract Agreement.
The scope of services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in this Request for Proposals (“RFP”) and listed below:
• Dysart Park (2101 W. Victory Avenue)
• Lion's Park (9955 S. Hargrave Street)
• Repplier Park (201 W. George Street)
• Roosevelt Williams Park (1101 E. George Street)
• Sylvan Park (2801 W. Nicolet Street)
It is the responsibility of the Contractor to visit the sites and become familiar with the project locations and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this RFP will be addressed.
IV.B TURF MANAGEMENT
1. Lawn Mowing
1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.
2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.
3. Mowing height for all irrigated lawn areas will be no less than 1 ½” and no more than 2” for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 444
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.
4. Unless otherwise specified, grass cuttings need not be removed. However, when an inordinate amount of grass is evident, removal may be requested by staff with no extra charge to City for such removal by contractor. Clippings shall be legally disposed of offsite at the Contractor's expense. Special note: frequencies and turf height may change throughout the year in order to accommodate sports activities and facility use schedule; staff may request change in such turf height to address such activities.
5. Work shall be performed on the same day each week. Contractor shall provide a mow schedule to the City. Initial week schedule and any changes must be approved by the City prior to implementation. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within (3)) three working days.
6. Aeration: Contractor shall aerate all turf areas a minimum of once a year by removing one 1/2" diameter by 3" deep cores of sod with an aerator machine with not more than 66" spacing, once over. Aeration shall take place at an approved time frame each year. In addition, the tops of all mounds and any areas that show excessive compaction shall receive additional treatment as required, to alleviate this condition and allow for proper water penetration and minimal runoff. All damaged areas larger than 4" by 4" shall be seeded on an as-needed basis. The cores shall be dragged to breakup cores and allowed to remain or be removed at the Contractor's discretion with approval of the City.
7. Over seeding:- Annual (one time per year) over seeding shall take place. Contractor shall prepare turf (verticutting and aeration) prior to applying seed. Seed shall match existing lawn and will be provided by the City. All labor and the equipment to perform the over seeding will be the responsibility of the Contractor.
2. Edging and String Trimming
1. Concurrent with every mowing, all turf grass borders shall be neatly and uniformly edged or trimmed. String trimmers (weed eaters) or similar equipment shall not be used around trees or shrubs or wooden posts or for hardscape/pathways/mow strips edging. This trimming shall include cutting all grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, guy wires, or other object within or immediately adjacent to lawn areas. Trim shall not exceed one half(1/2) - inch from hardscape.
2. Trim around sprinkler heads as necessary to allow maximum water coverage.
Trimming shall not expose the sprinkler body or trim cap.
3. Care shall be taken to avoid damage to tree trunks, shrubs, sign posts, buildings, and other structures. Damage shall be promptly reported to the City's representative and repairs made promptly at the Contractor's expense. Any damage to tree trunks and/or shrubs shall be considered neglect and shall be replaced at the discretion of DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 445
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
City staff at the Contractor's expense. All walkways, roadways, trails or other areas dirtied by edging operations shall be cleaned and all debris disposed offsite prior to the completion of the day's operations or end of the day, whichever occurs first.
CLIPPINGS/DEBRIS SHALL NOT BE BLOWN INTO STORM DRAINS OR INTO GUTTERS THAT DRAIN INTO STORM DRAINS BUT SHALL BE LEGALLY DISPOSED OF.
3. Clearing of Walks
1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.
IV.C SHRUB BED MAINTENANCE
1. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.
2. Planter beds will be groomed to promote an attractive, fresh appearance.
3. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.
4. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Trimming and edging are to be performed monthly and weeding is to be performed weekly. Major pruning will be done following flowering or during plant dormant season.
1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.
2. Prune shrubbery and hedges at established maintenance height.
3. Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.
4. Shearing of plants will occur only where previous practice has been to shear, or as directed.
5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.
6. Dead or damaged shall be removed whenever possible.
7. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.
IV.D TREE CARE & PRUNING
1. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 446
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
planning beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.
2. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.
1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.
2. Dead or damaged portion shall be removed whenever possible.
3. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.
4. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.
3. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support. Replace stakes when damaged.
IV.E FERTILIZATION
1. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.
1. Turf, shrub and ground cover areas will be fertilized with specifically formulated products including well-balanced, slow-release fertilizers customized seasonally by Contractor. Seasonally refers to “Winter” and “Summer” and different fertilizers will be used based on ground temperature.
2. Fertilizer product will be selected based on plant type and season.
IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM
1. All applications and herbicides or pesticides will be performed under the direction of California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.
2. Broadleaf turf weeds will be treated as needed in the “Spring” and “Fall” with applicable materials.
3. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by using selected herbicides, including pre-emergent herbicides.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 447
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
4. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measure will be made.
5. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations. Sheets shall be provided to the City.
6. Notice of scheduled use of pesticides and herbicides must be given to the City prior to use and signage on site may be required prior to application at the City's discretion.
7. Contractor shall be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.
IV.G IRRIGATION EQUIPMENT AND OPERATION
1. . Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by City’s representative.
2. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.
3. Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner within 48 hours. Repair and/or replacement of any damaged of malfunctioning components beyond Contractor’s control will be submitted as an extra.
4. The irrigation system shall be checked after each mowing for any damage. Damage caused to the irrigation system by Contractor shall be repaired within forty-eight (48) hours, unless otherwise agreed to, at no charge to the City.
IV.H GENERAL CONDITIONS
1. City is responsible for all cost associated with water.
2. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.
3. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor and the City. A monthly written, comprehensive maintenance and inspection reports shall be submitted with monthly billings.
4. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 448
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
composted. Contractor will submit a monthly diversion summary report stating diverted quantities and facilities utilized for recycling materials.
5. During routine maintenance visits, the Contractor is responsible for removing trash and debris from the properties.
IV.I CONTRACTOR COMPENSATION
The City shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter.
Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2022, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino- Ontario Area, or any successor index agreed upon by the City and Contractor, as set forth over the previous available twelve (12) months prior to the date of adjustment.
IV.J ADDITIONAL WORK
1. The Parks and Recreation Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing.
2. 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 Parks and Recreation Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Parks and Recreation Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Parks and Recreation Director or designee for written approval.
3. The cost estimate for additional work shall consist of the following elements:
1. Wholesale cost of materials including sales tax plus ten percent (10%).
2. Base cost of labor plus fifteen percent (15%) for overhead and profit.
4. Change Order - Written authorization for additional work from the Parks and Recreation Director or 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 Parks and Recreation Director and Contractor.
5. All additional work shall commence on the specified date established and shall diligently proceed until completion.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 449
City of Banning
REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
6. Upon completion of the additional work, the Parks and Recreation Director or designee shall be notified so that the work may be verified.
7. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. Compensation shall not exceed the written estimate.
8. The Contractor’s invoice shall be subject to audit and review by the City prior to payment.
9. The City of Banning reserves the right to repair and/or contract with a third party to perform such additional work.
IV.K INSPECTION
The Parks and Recreation Director or designee may inspect the work areas to ensure 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 deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner agreed to by the Parks and Recreation Director or designee.
1. It shall be the Contractor’s responsibility to inspect, and identify, any conditions(s) that renders any areas within this Contract Agreement unsafe, as well as any unsafe practices occurring thereon. The Parks and Recreation Director or designee shall be notified immediately of any unsafe condition that requires correction.
2. During the 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.
3. 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 Parks and Recreation Director or designee within five days following the occurrence.
IV.L SAFETY
1. 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.
2. The Parks and Recreation Director or 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.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 450
Exhibit A-1 -1
11303-0001\2191356v2.doc
EXHIBIT “A-1”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in Proposal.
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 451
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 452
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 453
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 454
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 455
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 456
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 457
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 458
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 459
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 460
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 461
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 462
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 463
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 464
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 465
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 466
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 467
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 468
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 469
DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 DocuSign Envelope ID: 0F5D6BC0-F332-4374-A346-C8D536E1E618 470
1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES (C00698)
FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES FOR CITY PARKS (“Amendment No. 2”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC. (“Contractor”) is effective as of this day: _______________.
RECITALS
A. On February 23, 2021, the City awarded a Landscape Maintenance Agreement to Mariposa Landscapes, Inc. The Agreement provided that Contractor would provide those services specified in the Agreement and in the Scope of Services attached to the Agreement as Exhibit “A1”. The Agreement included a Schedule of Compensation attached as Exhibit “C” which specified that Contractor’s total compensation would not exceed One Hundred and Six Thousand Three Hundred and Fifty-Two Dollars ($106,352.00), which included a 10% contingency for additional work.
B. On March 22, 2021, the City and Contractor, executed the Landscape Maintenance Agreement for City Parks – (C00698).
C. On May 10, 2022, the City and Contractor amended the Agreement (“Amendment No. 1”) to extend the term for an additional one-year term to expire June 30, 2023 and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred One Thousand Six Hundred Thirty-Eight Dollars and Eighty Cents ($101,638.80), as approved by City Council Resolution No. 2022-56.
D. City and Contractor now desire to amend the Agreement (“Amendment No. 2”) in accordance with City Council approval to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, modify the scope of services to include additional landscape sites and to provide compensation for the additional one-year term and additional services in an amount not to exceed One Hundred and Thirty-Five Thousand Eight Hundred and Forty-Seven Dollars and Ninety-Seven Cents ($135,847.97) for a total not to exceed Contract Sum of Three Hundred Forty-Three Thousand Eight Hundred Thirty-Eight Dollars and Seventy-Seven Cents ($343,838.77).
TERMS
1. Contract Changes. The Agreement is amended as follows:
a) Section 1.1 and Exhibit “A” to the Agreement is amended to include the amended scope of services attached as Attachment “1” to this Amendment 2.
DocuSign Envelope ID: ABB0887B-E27D-4297-A050-CF5DF618481D 6/15/2023
1705 471
2 b) Section 2.1 (“Contract Sum”) of the Agreement is amended to provide that the City agrees to pay Contractor a monthly amount of Ten Thousand Two Hundred NinetyOne Dollars and Fifty-One Cents ($10,291.51) for twelve (12) months through June 30, 2024. Additionally, the City may authorize extra work for services not included in the agreed Scope of Services of a not to exceed amount of Twelve Thousand Three Hundred and Forty-Nine Dollars and Eighty-Five Cents ($12,349.85) for a total not to exceed amount of One Hundred and Thirty-Five Thousand Eight Hundred and FortySeven Dollars and Ninety-Seven Cents ($135,847.97). The total compensation, including reimbursement for actual expenses shall not exceed Three Hundred FortyThree Thousand Eight Hundred Thirty-Eight Dollars and Seventy-Seven Cents ($343,838.77) (the “Contract Sum”).
c) Section 3.1 (“Term”) of the Agreement is hereby amended to extend the Term of the Agreement to June 30, 2024.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 2 shall control.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the DocuSign Envelope ID: ABB0887B-E27D-4297-A050-CF5DF618481D 1706 472
3 entering into this Amendment No. 2 does not violate any provision of any other Agreement to which said party is bound.
6. 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 Amendment and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: ABB0887B-E27D-4297-A050-CF5DF618481D 1707 473
4 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 2 the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval: _____________
Serita Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: ABB0887B-E27D-4297-A050-CF5DF618481D 6/5/2023
Irwindale, CA 91702
95-4245898
Mariposa Landscapes, Inc.
6232 Santos Diaz St.
Antonio Valenzuela
Secretary
6/12/2023
6/13/2023
President
Terry Noriega
6/15/2023
6/15/2023
2023-099
1708 474
5 ATTACHMENT “1”
DocuSign Envelope ID: ABB0887B-E27D-4297-A050-CF5DF618481D 1709 475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-73, Approving Amendment No. 6 to the Professional Services Agreement with Mariposa Landscapes, Inc. in the Amount of $171,320 for FY 2025/2026 City Property Landscape Maintenance
RECOMMENDATION:
Adopt Resolution 2025-73.
BACKGROUND:
On June 28, 2022, Resolution 2022-86 was approved awarding a Landscape Maintenance Agreement with Mariposa to provide landscape maintenance to various City properties for an annual amount of $140,807.
On February 14, 2023, Amendment No. 1 to the agreement was approved adding service locations to the agreement including Fire Station 89 located at 172 N. Murray Street and the Fire Administration Building located at 3900 W. Wilson Street. Amendment No. 1 increased the annual agreement amount by $7,248 for a total agreement amount of $148,055.
On May 23, 2023, Amendment No. 2 to the agreement was approved by City Council extending the term and increasing the agreement compensation in the amount of $139,794 for Fiscal Year 2023/2024.
During this renewal period, locations under the Community Services Department were removed and added to a separate contract.
In August of 2023, Amendment No. 3 to the agreement was administratively approved adding annual maintenance of the Highland Spring Avenue underpass in the amount of $4,224 through Fiscal Year 2023/2024.
On June 11, 2024, Amendment No. 4 to the agreement was approved by City Council extending the term and increasing the agreement compensation in the amount of $148,372 for Fiscal Year 2024/2025.
On March 26, 2025, Amendment No. 5 to the agreement was approved under the Master Agreement increasing compensation by $15,000.
At this time, staff evaluated and confirmed that the contractor continues to provide satisfactory services; therefore, recommends a term extension for FY 2025/2026. For this renewal period, staff proposes to add a location to the Agreement, Amendment 6, for Ramsey Street Medians landscape services from Highland Home Road to Sunset Avenue. Amendment No. 6 will increase compensation in the amount of 490
$171,320.
The scope of work for landscape maintenance services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; irrigation equipment and operations for the City properties listed below:
• Ramsey Street Medians from Highland Springs Avenue to Highland Home Road. • Banning City Hall (99 East Ramsey Street) landscaping around building and parking lot. • Banning Police Station (125 East Ramsey Street).
• Banning Police Station Northeast Parking Lot (125 E. Ramsey Street) • Fire Station Building (5261 W. Wilson Street)
• Former Armory National Guard Property (2041 W. Nicolet Street) • Brinton Reservoir (1700 N. Mountain Avenue)
• Sunset Reservoir (1202 N. Sunset Avenue)
• San Gorgonio Parking Lot
• Fire Station 89 (172 N. Murray Street)
• Fire Administration Building (3900 W. Wilson Street)
• East Ramsey Street Medians (West and East of N. Hathaway Street) • Highland Spring Avenue Underpass
• Ramsey Street Medians from Highland Home Road to Sunset Avenue.
Overall, the increase in fees align with the change in CPI (January 2024 to January 2025) increasing service fees by 2.9%. With approval of Amendment No. 6 the total agreement including approval under this resolution will amount to $455,445. Following this approval, there is a remaining option to renew one additional single-year.
JUSTIFICATION:
The Public Works Department does not have the required field staff needed to maintain the identified landscape areas, therefore; it is necessary to retain a landscape maintenance contractor to provide these services. Upon evaluating the existing services provided by Mariposa, staff recommends the contract renewal and processing of Amendment No. 6. If approved, one (1) additional single-year renewal remains.
FISCAL IMPACT:
Amendment No. 6 will increase the monthly landscape maintenance services agreement for FY 2025/2026 in the amount of $171,320.
The Building Maintenance Division will fund $139,575.56 of the costs. Operational costs in the amount of $120,711.56 were included in the budget and will be distributed to the appropriate area via an interfund transfer. An appropriation in the amount of $18,864 to the Building Maintenance Services Fund is necessary to cover the addition of services for the Ramsey Street Medians from Highland Home Road to Sunset Avenue.
The Water Fund in the amount of $24,244.44 will fund landscape maintenance services at the reservoirs.
Funding sources for services as needed in the amount of $7,500 will be defined on a case-by-case basis and later determined.
ALTERNATIVES:
Do not adopt Resolution 2025-73 and provide alternative direction to staff. The City Council may choose to reject this action which would result in an interruption of services in landscape maintenance of City properties. The City does not have staff resources to perform the landscape maintenance tasks. 491
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution_2025-73__Mariposa_City_Properties_REV.docx
2. Amend No.6 Mariposa Landscape.doc
3. Attach 2_Mariposa_FY2026 Rates.xlsx
4. Attach3A_ORG_Mariposa.pdf
5. Attach3B-Amend No. 1_Mariposa.pdf
6. Attach3C-Amend No.2_Mariposa.pdf
7. Attach3D-Amend No. 3_Mariposa.pdf
8. Attach3E_Amend No. 4_Mariposa.pdf
9. Attach_3F_Amend No.5 Mariposa.pdf
492
Resolution 2025-73
RESOLUTION 2025-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 6 WITH MARIPOSA LANDSCAPES, INC. IN THE AMOUNT OF $171,320 FOR FISCAL YEAR 2025/2026 CITY PROPERTY LANDSCAPE MAINTENANCE WHEREAS, on June 28, 2022, Resolution 2022-86 was approved awarding a Landscape Maintenance Agreement with Mariposa Landscapes, Inc. to provide landscape maintenance to various City properties for an annual amount of $140,807; and WHEREAS, on February 14, 2023, Amendment No. 1 to the agreement was approved adding service locations to the agreement including Fire Station 89 located at 172 N. Murray Street and the Fire Administration Building located at 3900 W. Wilson Street increasing the annual agreement amount by $7,248 for a total agreement amount of $148,055; and WHEREAS, on May 23, 2023, City Council approved Amendment No. 2 to the agreement with Mariposa Landscapes, Inc. extending the term of the agreement through Fiscal Year 2024 for an additional amount of $139,794 for a total contract sum of “not-to-exceed” $287,848.64 and leaving three (3) additional single year agreement renewals; and WHEREAS, in August of 2023, Amendment No. 3 to the agreement was administratively approved adding annual maintenance of the Highland Spring Avenue underpass in the amount of $4,224 through Fiscal Year 2023/2024; and
WHEREAS, on June 11, 2024, Amendment No. 4 was approved and increased the monthly landscape maintenance services agreement for FY 2024/2025 in the amount of $148,372; and
WHEREAS, on March 26, 2025, Amendment No. 5 to the agreement was a approved under the Master Agreement increasing compensation by $15,000.00; and WHEREAS, under approval of this resolution, Amendment No. 6 is approved for FY 2025/2026 in the amount of $171,320; and
WHEREAS, the Building Maintenance Division will fund $139,575.56 of the contract with a portion in the amount of $120,711.56 being funded by FY 2025/2026 operational budget with an appropriation in the amount of $18,864 being approved under this resolution to cover the remaining portion for the inclusion of services for the Ramsey Street Medians from Highland Home Road to Sunset Avenue; and WHEREAS, the Water Division will fund a portion of the agreement utilizing the Water Fund in the amount of $24,244.44 for landscape maintenance services at reservoirs; and
WHEREAS, the funding source for services as needed in the amount of $7,500 will be defined on a case-by-case basis and determined at a later date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
493
Resolution 2025-73
SECTION 1. The City Council approves Amendment No. 6 to the City Properties Landscape Maintenance Agreement with Mariposa Landscapes, Inc. in the amount of $171,320 for Fiscal Year 2025/2026.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No. 6 with Mariposa for Fiscal Year 2025/2026.
SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 27th day of May 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
494
Resolution 2025-73
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-73, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of May 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
495
Resolution 2025-73
Exhibit A
Amendment No. 6 with Mariposa Landscapes, Inc.
FY 2025/2026 Landscape Maintenance of City Properties
496
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763)
FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
1. PARTIES AND DATE
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of:
__________________.
2. RECITALS
2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.
2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.
2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023- 095.
2.4 City and Consultant have entered into an Amendment No.3 to the Master Agreement dated, September 14, 2023 to exercise the option to extend the Agreement for an additional services and to provide compensation in an amount not to exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).
2.5 City and Consultant have entered into an Amendment No.4 to the Master Agreement dated, June 25, 2024 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Forty-Eight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48) as approved by City Council Resolution No. 2024-081.
2.6 City and Consultant have entered into an Amendment No.5 to the Master Agreement dated, March 26, 2025 to provide additional compensation for as-needed services in the amount not to exceed Fifteen Thousand Dollars ($15,000.00).
2.7 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2026 and to provide 497
compensation for the additional one-year term in an amount not to exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:
3. INCORPORATION OF RECITALS
3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.
4. AMENDMENT TERMS
4.1 The maximum compensation for services performed pursuant to this Amendment No. 6 to the Master Agreement, is hereby amended and shall not exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Six Hundred Twenty-Six Thousand Seven Hundred Sixty-Four Dollars and Twelve Cents ($626,764.12). Work shall be performed at the rates set forth in the Master Agreement.
4.2 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.
4.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.
4.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Master Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5, shall remain unchanged and in full force and effect.
4.5 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.
4.6 The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other Agreement to which said party is bound.
4.7 This Amendment No. 6 may be signed in counterparts, each of which shall constitute an original.
4.8 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 498
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]
499
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 6 to the Master Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Caroline Patton Date
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.
500
ATTACHMENT “A”
501
CPI CPI
2.90% 2.90%
Monthly
Adj
Monthly
Adj
1 Ramsey Street Medians from Highland Springs Avenue
to Highland Home Avenue 12 Month $1,908.10 $22,897.20 $55.33 $1,963.43 $ 23,561.16 $56.93 $2,020.36 $ 24,244.38 2 Banning City Hall (Civic Center) 12 Month $1,272.07 $15,264.84 $36.89 $1,308.96 $ 15,707.52 $37.95 $1,346.91 $ 16,162.92 3 Banning Police Station (125 E. Ramsey Street) 12 Month $1,484.08 $17,808.96 $43.04 $1,527.12 $ 18,325.44 $44.28 $1,571.40 $ 18,856.78 4 Banning Police Station Northeast Parking Lot (125 E.
Ramsey Street) 12 Month $318.02 $3,816.24 $9.22 $327.24 $ 3,926.88 $9.48 $336.72 $ 4,040.67 5 Fire Station (5261 W. Wilson Street) 12 Month $636.03 $7,632.36 $18.44 $654.47 $ 7,853.64 $18.92 $673.39 $ 8,080.74 8 Former Army National Guard Property (2041 W.
Nicolet Street) 12 Month $848.05 $10,176.66 $24.59 $872.64 $ 10,471.68 $25.30 $897.94 $ 10,775.32 9 Brinton Reservoir (1700 N. Mountain Avenue) 12 Month $1,060.06 $12,720.72 $30.74 $1,090.80 $ 13,089.60 $31.63 $1,122.43 $ 13,469.18 10 Sunset Reservoir (1202 N. Sunset Avenue) 12 Month $848.05 $10,176.60 $24.59 $872.64 $ 10,471.68 $25.30 $897.94 $ 10,775.32 11 San Gorgonio Parking Lot 12 Month $212.01 $2,544.12 $6.15 $218.16 $ 2,617.92 $6.33 $224.49 $ 2,693.86 12 Fire Station 89 (172 N. Murray St) (added Amend 1) 12 Month $906.00 $10,872.00 $26.27 $932.27 $ 11,187.24 $27.03 $959.30 $ 11,511.65 13 Fire Administration building
(4900 W. Wilson St) (addeded Amend 1) 12 Month $906.00 $10,872.00 $26.27 $932.27 $ 11,187.24 $27.03 $959.30 $ 11,511.65 14 West Ramsey Street Medians 12 Month $626.00 $7,512.00 $18.15 $644.15 $ 7,729.80 $18.68 $662.83 $ 7,954.01 15 Higland Spring Avenue Underpass (added Amend 3) 12 Month $384.00 $4,224.00 $11.14 $395.14 $ 4,741.68 $11.45 $406.59 $ 4,879.03 16 Ramsey Street Medians from Highland Home Road to
Sunset Avenue (added Amend 5) 12 Month --- --- --- --- --- --- $1,572.00 $ 18,864.00 17 Services As Needed (Locations to be determined) $7,500.00 $ 7,500.00 $0.00 $0.00 $ 7,500.00 $11,408.47 $144,017.70 $330.82 $11,739.29 $148,371.48 $340.31 $13,651.63 $171,319.5076 Totals >>> FY 2024
Annual Rate
Line
Item Location Quantity
Unit of
Measure
FY 2024
Monthly Rate
RATE SCHEDULE FOR LANDSCAPE MAINTENANCE SERVICES OF CITY PROPERTIES FY 2026
Monthly Rate
FY 2026
Annual Rate
FY 2025
Annual Rate
FY 2025
Monthly Rate
502
2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C00763) FOR
LANDSCAPE MAINTENANCE BY AND BETWEEN CITY OF BANNING
AND MARIPOSA LANDSCAPES, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and 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 issuance of a Request for Proposals (RFP No. 22-015), the performance of the services for landscaping maintenance services for the City properties prepared in connection therewith, and as further defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by 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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 7/6/2022
503
-2-
11303-0011\2684081v2.doc
for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and 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).
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 504
-3-
11303-0011\2684081v2.doc
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, 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 505
-4-
11303-0011\2684081v2.doc
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, 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
Andres Perez Account Manager
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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 506
-5-
11303-0011\2684081v2.doc
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.
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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 507
-6-
11303-0011\2684081v2.doc
to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release 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 Exhibit C-1 and the not-to-exceed sub-budget 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 One Hundred Forty Thousand Eight Hundred Seven Dollars ($140,807.00) (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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 508
-7-
11303-0011\2684081v2.doc
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 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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 509
-8-
11303-0011\2684081v2.doc
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 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 one (1) year from the date of execution with the option to extend for four (4) additional one-year terms, 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 510
-9-
11303-0011\2684081v2.doc
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of 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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 511
-10-
11303-0011\2684081v2.doc
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.
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) Indemnity for Design Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, agents, servants, employees, subcontractors, material men, 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 design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 512
-11-
11303-0011\2684081v2.doc
2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of 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 Claims 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 Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) 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.3. 4) 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 indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of 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 and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 513
-12-
11303-0011\2684081v2.doc
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 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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 514
-13-
11303-0011\2684081v2.doc
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 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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 515
-14-
11303-0011\2684081v2.doc
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.
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 516
-15-
11303-0011\2684081v2.doc
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 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, DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 517
-16-
11303-0011\2684081v2.doc
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.
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 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 518
-17-
11303-0011\2684081v2.doc
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.
Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, 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: Carl Szoyka
Public Works Superintendent
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 519
-18-
11303-0011\2684081v2.doc
With a courtesy copy to: Kevin G. Ennis, 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
Mariposa Landscapes, Inc.
6232 Santos Diaz St
Irwindale, CA 91702
Email: [email protected]
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 520
-19-
11303-0011\2684081v2.doc
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.
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 521
-20-
11303-0011\2684081v2.doc
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 522
-21- 11303-0011\2684081v2.doc
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
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 CONTRACTOR’S BUSINESS ENTITY.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 7/5/2022
Terry Noriega
President
Antonio Valenzuela
Mariposa Landscapes, Inc.
95-4245898
Secretary
Irwindale, CA 91702
7/5/2022
6232 Santos Diaz St.
7/6/2022 06/28/2022
7/6/2022
7/6/2022
523
Exhibit “A”-1
11303-0011\2684081v2.doc
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services in connection with providing landscape maintenance services for city properties, prepared in connection therewith:
II. As part of the Services, Contractor will prepare and deliver the following tangible work products and services to City:
• RFP22-015, Landscape Maintenance Services for City Properties, Exhibit A-1 • RFP22-015, Landscape Maintenance Services, Addendum One, Exhibit A-1 • Reference Submitted RFP 22-015 dated 05/31/022, Exhibit A-1 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 and must be revised by Contractor without additional charge to City until found satisfactory and accepted by City.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 524
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
RFP-22-015
CITY OF BANNING, CA
http://www.banningca.gov
RELEASE DATE: May 3, 2022
DEADLINE FOR QUESTIONS: May 17, 2022
RESPONSE DEADLINE: May 31, 2022, 2:00 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 525
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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 (with prevailing wage language) Sample B - Banning Prevailing Wage Checklist Acknowledgement
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 526
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
I. NOTICE
REQUEST FOR PROPOSALS (RFP)
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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://secure.procurenow.com/portal/banning-ca. If you are not currently registered with the City of Banning through ProcureNow, 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 527
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
II. INTRODUCTION
II.A Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide the services listed in the Scope of Work.
The City anticipates selecting one firm to perform the services.
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
Tisha Jacobs
Buyer
99 E Ramsey St
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3151
Department:
Public Works
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 May 3, 2022
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 528
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Pre-Proposal Meeting (Non-Mandatory) May 10, 2022, 10:00am Corner of Wilson St and Highland Home Rd
Question Submission Deadline May 17, 2022, 4:00pm
Question Response Deadline May 24, 2022, 5:00pm
Proposal Submission Deadline May 31, 2022, 2:00pm
Interviews, If Needed Week of 06/13/2022
Tentative City Council Meeting to
Consider Awarding Contract
June 28, 2022
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 529
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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 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 ProcureNow. Companies can register at:
https://secure.procurenow.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 Non-Mandatory Pre-Proposal Meeting
All prospective Companies are strongly encouraged to attend the non-mandatory pre-proposal meeting on Tuesday, May 10, 2022 at 10:00 am to be held at:
Corner of Wilson St and Highland Home Rd
III.D Licenses
If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted.
III.E Department of Industrial Relations Registration
Company shall have registered with the Department of Industrial Relations and any other required organizations.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
A. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 530
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
C. Registration can be accomplished through the DIR website by using this link:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
• Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:
A. Sections 1771, 1774, and 1775 prescribing prevailing wage rage requirements and sanctions for failure to pay prevailing wage rates;
B. Section 1776 requiring the making, keeping and disclosing of detailed payroll records and prescribing sanctions for failure to do so;
C. Section 1777.5 prescribing the terms and conditions for employing registered apprentices;
D. Section 1810 providing that eight hours of labor shall be a day’s work; and E. Section 1813 and 1815 prescribing sanctions for violations of the provisions concerning eight-hour work days and forty-hour work weeks.
1. A schedule of prevailing wage rates as published by the California Department of Industrial Relations for the types of work to be done under these Special Provisions can be found on the DIR’s website:
http://www.dir.ca.gov/OPRL/PWD/index.htm. The Contractor and all subcontractors shall pay not less than these rates. The Contractor shall submit certified payroll records electronically to the DIR.
2. The possibility of wage increases is one of the elements to be considered by the Contractor in determining Contractor's bid. No additional compensations will be made for any increases in prevailing wage rates in excess of those set forth in the Contract. However, if the job is prolonged as a result of construction change order(s) or delayed by the City beyond the specified days in the Time of Completion, reimbursements may be made for increases in prevailing wage rates, but only for the working days beyond that stipulated.
See attachment B - Banning Prevailing Wage Checklist Acknowledgement DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 531
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
IV. SCOPE OF WORK
IV.A SCOPE OF WORK
The scope of services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in this Request for Proposals (“RFP”) and listed below:
• Ramsey Street Medians (Ramsey Street) from Highland Springs Avenue to Highland Home Road.
• Banning City Hall (99 East Ramsey Street) landscaping around building and in parking lot. • Banning Police Station (125 E. Ramsey Street)
• Banning Police Station Northeast Parking Lot (125 E. Ramsey Street) • Fire Station (5261 W. Wilson Street)
• Community Center & Senior Center (769 & 789 N. San Gorgonio Avenue) • Aquatic Center (749 N. San Gorgonio Avenue) landscaping around the immediate exterior vicinity around the center as well as the landscaping inside the center. • Former Army National Guard property (2041 W. Nicolet Street) • Brinton Reservoir (1700 N. Mountain Avenue)
• Sunset Reservoir (1202 N. Sunset Avenue)
• San Gorgonio Parking Lot
It is the responsibility of the Contractor to visit the sites and become familiar with the project locations and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this RFP will be addressed.
IV.B TURF MANAGEMENT
A. Lawn Mowing
1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.
2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.
3. Mowing height for all irrigated lawn areas will be no less than 1 ½” and no more than 2 ½” for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 532
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.
B. Edging and String Trimming
1. All sidewalks, curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs, road signs, guard posts, utility poles, and other obstacles.
C. Clearing of Walks
1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.
IV.C SHRUB BED MAINTENANCE
A. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.
B. Planter beds will be groomed to promote an attractive, fresh appearance.
C. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.
D. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Trimming and edging are to be performed monthly and weeding is to be performed weekly. Major pruning will be done following flowering or during plant dormant season.
1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.
2. Prune shrubbery and hedges at established maintenance height.
3. Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.
4. Shearing of plants will occur only where previous practice has been to shear, or as directed.
5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.
IV.D TREE CARE & PRUNING
A. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of planning beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 533
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
B. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.
1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.
2. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.
C. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support.
IV.E FERTILIZATION
A. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.
1. Turf, shrub and ground cover areas will be fertilized with specifically formulated products including well-balanced, slow-release fertilizers customized seasonally by Contractor. Seasonally refers to “Winter” and “Summer” and different fertilizers will be used based on ground temperature.
2. Fertilizer product will be selected based on plant type and season.
IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM
A. All applications and herbicides or pesticides will be performed under the direction of California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.
B. Broadleaf turf weeds will be treated as needed.
C. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by using selected herbicides, including pre-emergent herbicides.
D. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measure will be made.
E. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations.
F. Contractor shall be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 534
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
IV.G IRRIGATION EQUIPMENT AND OPERATION
A. Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by City’s representative.
B. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.
C. Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner within 48 hours. Repair and/or replacement of any damaged of malfunctioning components beyond Contractor’s control will be submitted as an extra. Damage caused to the irrigation system by Contractor shall be repaired with three (3) days, unless otherwise agreed to, at no charge.
IV.H GENERAL CONDITIONS
A. City is responsible for all cost associated with water.
B. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.
C. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor and the City. Written, comprehensive inspection reports will be provided upon request.
D. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or composted. Contractor will submit a monthly diversion summary report stating diverted quantities and facilities utilized for recycling materials.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 535
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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. The Contractor shall provide a project schedule indicating monthly and project activities. The schedule shall reflect a tentative start date of July 1, 2022 through June 30, 2023 with the option to renew upon satisfactory review and request of the City.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 536
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
▪ 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.
▪ How long the company has been in business, plus a brief description of the company history, size and organization.
o The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards/the U.S. General Accounting Office's Government Auditing Standards (1994).
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 537
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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 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 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.
*Response required
V.D Value Added Services
Please describe any value-added services your company offers that may be of use to the City DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 538
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
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 Contractors State License Board (CSLB) Number*
Contractors State License Board (CSLB) Number*
Please enter your License Number here. This will be verified against the state database *Response required
V.J California Department of Industrial Relations Registration* California Department of Industrial Relations Registration* DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 539
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Please enter your Public Works Contractor Registration Number. This will be verified against the state database.
*Response required
V.K PREVAILING WAGE REQUIREMENT*
Please upload pages 1-5 of attachment B - Banning Prevailing Wage Checklist Acknowledgement *Response required
V.L 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.M EX PARTE COMMUNICATION CONTINUED*
EX PARTE COMMUNICATION CONTINUED *
If stated "Yes" above, please explain the circumstances in the following space, or state "None. *Response required
V.N 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.O DISQUALIFICATIONS QUESTIONNAIRE CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.P 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." DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 540
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
☐ Yes
☐ No
*Response required
V.Q DISCLOSURE OF GOVERNMENT POSITIONS CONTINUED*
If stated "Yes" above, please disclose 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, or state "None." *Response required
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 541
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
VI. PRICING PROPOSAL
RATE SHEET
Line Item Location Quantity Unit of
Measure
Monthly Rate Annual Rate
1 Ramsey Street Medians from Highland
Springs Avenue to Highland Home Road
12 Month
2 Banning City Hall (Civic Center) 12 Month
3 Banning Police Station (125 E. Ramsey
Street)
12 Month
4 Banning Police Station Northeast
Parking Lot (125 E. Ramsey Street)
12 Month
5 Fire Station (5261 W. Wilson Street) 12 Month
6 Community Center & Senior Center
(769 & 789 N. San Gorgonio Avenue)
12 Month
7 Aquatic Center (749 N. San Gorgonio) 12 Month
8 Former Army Nation Guard Property
(2041 W. Nicolet Street)
12 Month
9 Brinton Reservoir (1700 N. Mountain
Avenue)
12 Month
10 Sunset Reservoir (1202 N. Sunset
Avenue)
12 Month
11 San Gorgonio Parking Lot 12 Month
TOTAL
CLEAN-UP
Line Item Location Unit of Measure Monthly Rate
1 Ramsey Street Medians from Highland Springs Avenue to Highland Home Road
One Time
2 Banning City Hall (Civic Center) One Time
3 Banning Police Station (125 E. Ramsey Street) One Time DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 542
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Line Item Location Unit of Measure Monthly Rate
4 Banning Police Station Northeast Parking Lot (125 E.
Ramsey Street)
One Time
5 Fire Station (5261 W. Wilson Street) One Time
6 Community Center & Senior Center (769 & 789 N. San
Gorgonio Avenue)
One Time
7 Aquatic Center (749 N. San Gorgonio) One Time
8 Former Army Nation Guard Property (2041 W. Nicolet
Street)
One Time
9 Brinton Reservoir (1700 N. Mountain Avenue) One Time
10 Sunset Reservoir (1202 N. Sunset Avenue) One Time
11 San Gorgonio Parking Lot One Time
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 543
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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, ProcureNow, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Nicole Jews, 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 544
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 545
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
VII.H Pre-Proposal Meeting
There will be an optional pre-proposal meeting Tuesday, May 10, 2022 at 10:00 am. The meeting will be located at Corner of Wilson St and Highland Home Rd.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 546
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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 0-5 Points 25
(25% of Total)
2. Pricing 0-5 Points 20
(20% of Total)
3. Experience (Projects of similar size and scope) 0-5 Points 25 (25% of Total)
4. Professional References 0-5 Points 20
(20% of Total)
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 547
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
5. Approach and Methodology 0-5 Points 5
(5% of Total)
6. Value Added Services 0-5 Points 5
(5% of Total)
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 548
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 549
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 550
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 551
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 552
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 553
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 554
ADDENDUM NO. 1
May 24, 2022
REQUEST FOR PROPOSALS
FOR PROFESSIONAL SERVICES
FOR
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
RFP No. 22-015
The referenced Request for Proposals solicitation (RFP) has been modified via this addendum. The following may include vendor questions, answers, added/removed information, and/or changes to the RFP hereby officially established by the City.
This addendum is hereby made part of the referenced RFP as though fully set forth therein, and supersedes any conflicting statements previously advertised in this RFP solicitation. All other provisions of the RFP shall remain in their entirety.
Companies submitting a proposal response shall acknowledge any and all addenda electronically via the OpenGov Procurement electronic bidding system. Companies who fail to acknowledge any and all addenda will be deemed non-responsive to this RFP, and their proposal response will not be considered for evaluation.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 555
Addendum Detail:
Please refer to the following page(s) for the details of this addendum.
1. All appropriately submitted Questions are included below along with the City’s corresponding answers.
a.
b.
QUESTION ANSWER
1 During todays Landscape walk, we
walked both Brinton and Sunset
reservoir properties. Both locations have
a tremendous amount of overgrowth. The
amount of overgrowth seems as the
properties are not being maintained. Will
the current contractors do a clean up
before contract is over ?
We are currently working with the existing
contractors to clean up, maintenance the
irrigation system and get the site back up to
maintenance ready condition.
An additional pricing chart has been added
for bidders to supply an option to perform the
clean-up, if this is not complete at start of
contract
2 What is the current price for this bid? $53,460 was the base bid amount for the most recent contract which includes the
following locations:
1. Ramsey Medians
2. Banning City Hall
3. Banning Police Station
4. Banning Police Stations Northeast
Parking Lot
5. Fire Station
6. Community/Senior Centers
7. Aquatic Center
8. Former Armory
9. Brinton Reservoir
10. Sunset Reservoir
11. San Gorgonio Parking Lot
3 Is a bid bond required for this bid? No bonds required. 4 What was to total dollar amount paid for
this contract during the most recently
completed fiscal year?
FY 2021: $52,260
Contract excluded the San Gorgonio Parking
Lot
5 What was the original base cost $52,260
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 556
Addendum Detail:
submitted by the current contractor?
6 What year and month was the current
contract started?
July 1, 2020
7 Is there a change in scope of work when
comparing the current contract to this
contract going out to bid?
Yes. Service location added.
8 Will the new contractor receive the
contract in a condition that meets the
requirements of the specifications?
If not, please provide an optional cost to
meet specifications.
An additional pricing chart has been added
for bidders to supply an option to perform the
clean-up
9 Can the city provide a map with
boundaries for each location?
Maps have been attached to this addendum.
Except for site 1 - Ramsey St Median
10 How many trees are a part of this
contract that are under 12 Ft. tall?
None
11 Is a Bid Bond required for this contract? Please refer to question 3 12 After seeing the sites, it is clear that some
locations are in bad condition. Will the
new contractor be expected to improve
the current condition?
Please refer to question 9 above
13 Will this contract be awarded to the
lowest bidder, or will the proposals go
through a grading process to select the
most qualified bidder?
Evaluation Criteria identified in solicitation
as outlined below:
1. Qualifications (25%)
2. Pricing (20%)
3. Experience (20%)
4. Professional References (20%)
5. Approach/Methodology (5%)
6. Value Added Services (5%)
14 How many irrigation controllers will we
be responsible for?
1. Ramsey Medians: Zero (0)
2. Banning City Hall: One (1)
3. Banning Police Station: One (1)
4. Banning Police Stations Northeast
Parking Lot: Zero (0)
5. Fire Station: One (1)
6. Community/Senior Centers: Two (2)
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 557
Addendum Detail:
7. Aquatic Center: One (1)
8. Former Armory: One (1)
9. Brinton Reservoir: One (1)
10. Sunset Reservoir: One (1)
11. San Gorgonio Parking: Lot One (1)
15 If any, what improvements would the city
like to see?
Sites and water system brought back to
specifications.
16 How much extra work was awarded
during the last fiscal year?
None
17 Can the city please provide a map
showing the boundary lines for each
area? after seeing the sites, some of the
areas are difficult to tell there the
boundaries are.
Refer to question 9 and see attached.
18 Are we supposed to use the Journeyman
($60.09 per hr) classification or the
Tender ($21.34 per hr)?
Pay prevailing wage utilizing the “Landscape
Maintenance Laborer” classification.
2. See OpenGov Procurement sections listed below for following changes:
a. Section 4 – Scope of work adding San Gorgonio Parking Lot to list of locations. b. Section 6 – Pricing Proposal addition of line 11 for the additional site location and second chart for the option to preform clean up on needed locations.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 558
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
559
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
560
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
561
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
562
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
563
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
564
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
565
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 566
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 567
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A
568
City of Banning RFP-22-015
Landscape Maintenance Services for City Properties
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 569
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 570
Our Core Values – Safety • Teamwork • Quality • Integrity Page 3 Table of Contents
COMPANY INTRODUCTION............................................................................................................. 4 QUALIFICATIONS............................................................................................................................. 8 EXPERIENCE................................................................................................................................... 13 PROFESSIONAL REFERENCES ........................................................................................................ 14 APPROACH AND METHODOLOGY................................................................................................. 15 VALUE ADDED SERVICES ............................................................................................................... 20 ATTACHMENTS.............................................................................................................................. 24 “We blend Nature and Craftsmanship
to create ultimate outdoor settings and extremely
satisfied customers”
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 571
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4
COMPANY INTRODUCTION
Mariposa is a landscape contractor working in both Southern California and Arizona.
With our staff experience dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance and tree care projects.
Current areas of operation.
Highlights
• Over 40 years in business
• Contractor’s license in two states
• Over 600 employees
• Insured – $1 million workers comp, $2 million in aggregate general liability • $100 million in bonding capacity
• Over 95 awards for project excellence
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 572
Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 Company Values
Safety This is the primary foundation of our company. We emphasize “safety first” on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike.
Teamwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team.
Quality We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients’ investment.
Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall wellbeing of our employees, customers and vendors is important to us.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 573
Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 Proposer Identification
Legal Name: Mariposa Landscapes, Inc.
Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196
Fax Number: (626) 960-8477
Bid Contact: Brandon Park
Email Address: [email protected]
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date Incorporated: October 2, 1989
Licenses & Certificates
Contractors State License: 592268 C27, A, C61/D49
Qualified Applicators License: 103864 ABCDEFH
Pest Control Adviser License: 74416 ABCDEG
Pest Control Business License: 30977
Irwindale Business License: 000538
Supplier Clearinghouse MBE: 94HS0050
City of Los Angeles MBE: 561730
City of Los Angeles LBE: 37858
LA County MBE: 89126
LA Co. Agricultural Pest Control 1000279
Certified Arborist: WE-1182A
Minority Business Enterprise
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.
Financial Resources
Mariposa has been capable of meeting all financial obligations for over 40 years. A strong balance sheet supports $100 Million bonding capacity.
Green Waste Processing Capability
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 574
Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 Office Locations
Corporate Headquarters
6232 Santos Diaz Street
Irwindale, CA 91702
Phone 626 960-0196
Fax 626 960-8477
Irwindale
15529 Arrow Highway
Irwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809
Orange County
1107 E. Walnut St
Santa Ana, CA 92701
Phone 626 960-0196
Fax 626 960-8477
San Bernardino County
11093 Almond Avenue
Fontana, CA 92335
Phone 909 429-2546
Fax 909 429-2749
North L.A. Ventura
4790 E. Los Angeles Ave.
Somis, CA 93066
Phone (800) 794-9458
Fax 805-386-4140
Palm Springs
78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477
Arizona
7677 N. 67th Avenue
Glendale, AZ 85301
Phone 623 463-2200
Fax 623 463-2223
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 575
Our Core Values – Safety • Teamwork • Quality • Integrity Page 8
QUALIFICATIONS
We are dedicated to having the best-trained workforce in the industry. As members of the California Landscape Contractors Association, we participate in the training programs offered by this industry organization. The CLCA sponsors a rigorous “hands-on” test administered under actual field conditions. With only a 20% first time pass rate, only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. Many of the managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity in Southern California has achieved this many certifications.
We are members of the following organizations:
• CACM (California Association of Community Managers)
• CAI Orange County (Community Association Institute)
• CAI Los Angeles (Community Associations Institute)
• CAI Greater Inland Empire (Community Association Institute) • CAI Coachella Valley (Community Association Institute) • ASA (American Subcontractors Association)
• BIA Southern California (Building Industry Association) • BIA Orange County (Building Industry Association)
• BOMA IE (Building Owners and Managers Association)
• CLCA (California Landscape Contractors Association)
• ISA (International Society of Arboriculture)
• CAPCA (California Association of Pest Control Advisors) Licensing and Certifications
• California Contractor License 592268 C27-Landscaping, Class A-Engineering • Certified Arborists on staff
• Certified Tree Workers on staff
• Tree Work – Line Clearance Certified
• Tree Work – Line Clearance Certified Instructor
• Certified Playground Equipment Inspectors
• Certified Water Auditor
• Certified Backflow Inspectors
• Licensed Pest Control Company/Pest Control Advisor
• Certified Pest Control Applicators on staff
Corporate Tax I.D. Number: 95-4245898California Corporate Tax I.D.: C1469653 California State Contractor’s License Number: 592268 A, C-27 DIR Number: 1000005079 Pest Control Advisor’s License: 74416 MBE Clearinghouse #: 20000326 Pest Control Business License: 30977 LA County LBE (LABAVN): 106243 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 576
Our Core Values – Safety • Teamwork • Quality • Integrity Page 9 Management Staff Experience and Qualifications
Terry Noriega – President
• 45+ years of experience in landscape installation and maintenance • B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona • California Contractors License: C-27 Landscape, A – Engineering, C61/D49 Tree Trimming • Pest Control Advisor in 6 Categories
• Qualified Pest Control Applicator in 7 Categories
• Certified Landscape Technician in Ornamental and Turf Maintenance • ISA Certified Arborist WE-1182A
• Arizona Contractor’s License: ROC178088 K-21
• Arizona Qualifying Party License: 8263
• Arizona Pest Control Business License: 8246
Antonio Valenzuela – VP Operations
• Over 30 years of experience in landscape maintenance and irrigation troubleshooting • Pest Control Qualified Applicator in 3 Categories
• Certified Landscape Technician in Ornamental and Turf Maintenance • Certified Landscape Professional
• Backflow Certification in Los Angeles County
• Landscape Water Auditor: Cal Poly SLO
• Past affiliation – Certified Playground Inspector
Larry Rudd – Director of Estimating
• 45 years in landscape installation, maintenance operations and estimating • Landscape Sales and Operations Experience in California, Arizona, Texas and Oklahoma • B.S. in Business Management, University of Phoenix
• Certified Landscape Technician: Hardscape Install, Softscape install, Ornamental & Turf Maintenance • Chino Basin Water Conservation District – Water Efficient Landscaper (WaterSense Certified) • Arizona Certified Landscape Professional
• CPR Safety Trained
• Associate instructor with Dr. Fred Roth “Landscape Contracting & Estimating” Cal Poly Pomona • Instructor “Landscape Planning for Project Management & Maintenance” Cal State Fullerton • Instructor “Business Practices in Landscape Planning and Management” Cal State Fullerton • Affiliations Past and Present:
o California Contractors License: C-27 Landscape, A – Engineering o California Qualified Pest Control Applicator License
o CAI California, Arizona & Texas, CACM, AAM Arizona, BOMA Dallas Chapter – Member o California Landscape Contractors Association (San Gabriel Valley) – Board Member o Certified Professional Estimator – American Society of Professional Estimators o International Society of Arboriculture Certified Arborist WE-11744A DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 577
Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 Maintenance Operations Staff Experience and Qualifications Luis Valenzuela – Landscape Maintenance Division Manager, Southern California • Over 25 years of experience in landscape and construction operations • Qualified Applicator License, Category B
• Certified Landscape Technician, Irrigation
• ISA Certified Arborist WE-8713A
• Certification – Effective Business Leadership & Development – PDC/GCC Michael Williams – Area Manager
• Over 45 years of experience in landscape management, irrigation design and retrofit, maintenance and arbor care.
• BS in Ornamental Horticulture, Cal Poly San Luis Obispo • CPR Safety Trained
• Qualified Applicator License 133955
Roberto Perez – Area Manager
• Over 25 years of experience in landscape maintenance
• Graduate of the Pacific Southwest Maintenance Management School • MSAC Irrigation Design and Plant ID Certificate
• Leadership Academy Certificate, Cal Poly Pomona
• Calsense 3000 Certified
• Qualified Applicator License – In Process
• Cal State Fullerton Water Auditor – In Process
Tony Valenzuela – Area Manager
• Over 12 years of experience in landscape management
• Harvard Management Essentials Certified – Harvard Business School • Qualified Applicator Certificate, Category B, C
• Pesticide IPM and Safety Schools Act trained
• Certified Landscape Technician, Exterior Maintenance
• Certified Landscape Manager, Exterior Maintenance
• EPA WaterSense – Qualified Water Efficient Landscape
• SDCWA San Diego – Recycled Water Site Supervisor Certified • Irvine Ranch Water District Water Management Certified • CIRT – Certified Irrigation Water Auditor
• CIRT – Certified Irrigation Installer
• CIRT – Certified Irrigation Repair Technician
• Past affiliation – Certified Playground Inspector
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 578
Our Core Values – Safety • Teamwork • Quality • Integrity Page 11 Dennis Jones – Tree Care Regional Division Manager, Southern California • Over 20 years of experience in Arbor Care
• BS Degree in Urban Forestry, Cal Poly San Luis Obispo • International Society of Arboriculture Certified Arborist WE-5700A • ISA Qualified Tree Risk Assessment
• TCIA Certified Tree Safety Professional 843
• Qualified Applicator License – 108771, Categories B, C & F • Wildlife Protector Certification
• Notary Public
Juan De La Torre – Account Manager
• Over 25 years of experience in the landscape industry • Qualified Applicator License, Category B
• Certified Landscape Technician, Irrigation
• Pest Control Dealer Designated Agent
• Irrigation Certificate – Rainbird
Andres Perez – Account Manager
• Over 25 years of experience in the landscape industry • Qualified Applicator License, Category B
• Certified Landscape Technician, Irrigation
• Certificate – Irrigation Design
• Certificate – Irrigation Troubleshooting
• CVAG Overseeding Certificate
Jesus Ramirez – Account Manager
• Over 25 years of experience in the landscape industry • Qualified Applicator License, Category B
• Certified Landscape Technician, Ornamental and Turf Maintenance • Certificate – Irrigation Design
• Certificate – Irrigation Troubleshooting
• CVAG Overseeding Certificate
Dirk Bennett – Account Manager
• 10 years of experience in the Residential/HOA landscape maintenance and construction • Qualified Applicator License, Category B
• 10 years of Herbicide/Pesticide application experience • 3 years of experience in large scale commercial landscape maintenance and operations
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 579
Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 Enrique Figueroa – Account Manager
• 26 years of experience in the landscape industry
• Qualified Applicator License, Category B, C
• Certified Landscape Technician, Ornamental and Turf Maintenance • OSHA Construction Safety and Health Certified
Miguel Medina – Account Manager
• Over 12 years of experience in the landscape industry • Business Essentials Certificate – Harvard Business Online • Certified Landscape Technician, Ornamental Horticulture • Qualified Applicator License – in progress
Dax Lopez – Account Manager
• Over 6 years of experience in the landscape industry
• AA Degree in Business Management, Mt. San Antonio College • Qualified Applicator License – in progress
Edgar Garibay – Account Manager
• Over 15 years of experience in landscape maintenance
• Qualified Applicator License – in progress
• OSHA 30 Certified
Jorge Pacheco – Account Manager
• 29 years of experience in the landscape industry
• BS Degree in Civil Engineering, UNAM, Mexico City
• Qualified Applicator License, Category B
Irving Gallegos – Account Manager
• 15 years of experience in the landscape industry
• AA Degree in Business Management, Saddleback College
• Horticulture and Landscape Design Certificate, Saddleback College • Qualified Applicator License, Category B
• California Friendly Landscape Training Program
• Safe Working Zone Training
• CPR Safety Trained
• Forklift Operator Certification
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 580
Our Core Values – Safety • Teamwork • Quality • Integrity Page 13
EXPERIENCE
Projects of Similar Size and Scope
City or Muncipal Client Work Description Start Date
California State University Palm Desert Campus 7/1/2021 City of Banning Five City Parks 4/1/2021
City of Corona Parks 7/5/2017
City of Desert Hot Springs Various Locations 7/1/2019
City of Fontana Citywide areas 2 & 3 1/1/2020
City of Moreno Valley Citywide Facilities and Aqueduct 7/1/2018 City of Moreno Valley Citywide LMD Zone 2 Landscape 7/1/2018 City of Moreno Valley Citywide 7/1/2019
City of Palm Desert Citwide Medians and Parkways 7/1/2018 City of Palm Desert LMA area 1 9/1/2021
City of Rancho Cucamonga Citywide Facilities, Medians, Parks and Parkways 7/1/2020 City of Riverside Utility Sites 7/1/2016
City of Riverside City South Quadrant 7/1/2016
Coachella Valley Water District Various Locations 4/22/2019 County of Riverside Regonal Parks 4/1/2018
County of Riverside Various Locations 8/10/2020
County of Riverside 46-200 Oasis St. Indio, CA 92201 10/1/2015 Cucamonga Valley Water District Water Utility Sites 9/1/2021 Indio Water Authority Water Utility Sites 7/1/2020
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 581
Our Core Values – Safety • Teamwork • Quality • Integrity Page 14
PROFESSIONAL REFERENCES
City of Palm Desert
Contact: Randy Chavez Phone: 760-902-9064
Email Address: [email protected]
Work description
Multiple contracts throughout the City maintaining landscaped medians, parkways and facilities.
Coachella Valley Water District
Contact: Mike Munoz Phone: 760-578-6471
Email Address: [email protected]
Work description
Multiple water sites and facilities.
Desert Hot Springs
Contact: Nicholas Haecker Phone: 760-329-6411
Email Address: [email protected]
Work description
Landscape maintenance districts.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 582
Our Core Values – Safety • Teamwork • Quality • Integrity Page 15
APPROACH AND METHODOLOGY
Along with implementing a monthly work schedule, 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.” Therefore, the work is to be planned and monitored in the following ways:
Annual Work Schedule
Here is a sample schedule. A final schedule will be provided upon start of work.
Within 30 days of award of the contract we will submit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the client representative. The schedule will designate the areas included with the service level and general tasks completed for that month. Any revisions to this schedule will be submitted to the client representative for approval. A review of this schedule will be made at monthly meetings to evaluate success.
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Litter Control, All Areas, Liner Replacement Per Visit Mowing 52 X year Edging & Detaling 52 X year
Blowing 52 X year
Sweeping 52 X year
Broadleaf Control 2 X year
Pre-emergent application 3 X year
Fertilizations 3 X year
Aeration 2 X year
Pest Monitoring Monthly
Irrigation System Inspections Weekly
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Hedge Trimming 8 X year
Ground-Covers Trimming 8 X year
Ground-Covers Edging 8 X year
Shrub Pruning 8 X year
Deadheading & Cleaning As Needed Weed Control Monthly
Fertilizations 2 X year
Pre-emergent application 3 X year Mulching Refreashing Monthly Annual Color 4 X year
Premium Color 1 X year
Removal of Dead Plants As Needed
Trees & Shrubs Safety Clearance Monthly
Irrigation System Inspections Weekly
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Safety Inspection and Reporting Weekly
Blowing Weekly Weed Control As Needed
OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJUNE JULY AUGUST SEPTEMBER MAY # of
Frequencies
JANUARY FEBRUARY Week
Week
Week Week Week Week Week Week
JUNE
Week
Hardscapes Week
MARCH APRIL JUNE
Turf Areas
Shrubs & G.C Areas
MARCH APRIL MAY
JANUARY FEBRUARY MARCH APRIL MAY
JANUARY FEBRUARY
Week Week Week Week
# of
Frequencies
Week Week Week Week
# of
Frequencies
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 583
Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 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 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. 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 584
Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 Work Quality Evaluation Form
Mariposa Landscapes, Inc.
SITE INSPECTION EVALUATION FORM
Inspection Date: Job:
Job Number:
Client Representative:
ML CR ML CR
1. TURF 6. HARDSCAPE AREAS
A Color of turf acceptable A Free of trash/debris
B Turf texture, no thin/bare areas B Free of weeds in cracks C Free of trash/debris C Standing water
D Irrigation leaks visible D Safety issues reported
E Over or under watering 7. IRRIGATION
F Dry spots A Controllers working
2. GROUND COVER/SHRUB AREAS B Controllers programmed properly A Free of trash/debris C Schedules submitted/updated
B Free of weeds D Valves working properly
C Mulch evenly distributed E Valves leaking
D Irrigation leaks visible F Backflow(s) on
E Groundcover trimming G Backflow(s) Leaking
3. TREES/SHRUBS H Meter readings (if in scope) up-to-date A Health/vigor I Water usage analysis up-to-date
B Trimmed per scheduled cycle 8. L.V. LIGHTING (if applies) C Pruned correctly for species A System has power
D Walkway shrub clearance B Timer/photocell working
E Walkway tree clearance C Bulbs working
F Disease & insects controlled D Fixtures clean
G Irrigation leaks visible E Fixtures broken
H Over or under watering F Fixtures aimed properly
I Trees staked properly 9. WATER FEATURES (if applies)
4. ANNUAL COLOR/POTS A Power/working properly
A Annual flowers healthy B Leaks
B Bed/Pots free of trash/debris C Cleaned of debris at inlets C No missing annual color plants 10. OTHER (if applies) D Disease & insects controlled A Dog mess cleaned up
E Irrigation leaks visible B Dog stations replenished
F Over or under watering C Trash cans dumped & new liners
5. D.G. PATHS & OPEN AREAS D Play equipment clean
A Free of trash/debris E Ramadas/picnic tables/BBQs clean B Weeds managed/controlled F Response time on call-outs C Erosion areas repaired G General safety issues reported ML CR
OVERALL RATING: Per the above individual ratings, pleas provide an overall rating from 1 to 10 Mariposa Account Manager Signature/Date (ML) Client Representative Signature/Date (CL) Please give a rating of 1-10 on the following items (1 = unacceptable and 10 being perfect) Only enter ratings for items that are applicable to this project (blank = Not Applicable at this time) Mariposa Account Manager
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 585
Our Core Values – Safety • Teamwork • Quality • Integrity Page 18 Action Items Form
Mariposa Landscapes, Inc.
ACCOUNT MANAGER INSPECTION ACTION ITEMS
Job:
Today's Date: Job Number:
Resolution
Date
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
Mariposa Account Manager Signature/Date Client Representative Signature/Date
ACTION ITEMS
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 586
Our Core Values – Safety • Teamwork • Quality • Integrity Page 19 Extra Work Pricing Process
At times, work above and beyond the contract scope becomes necessary. Our process to take care of this is:
• Straight Forward – Simple pricing and approval process ahead of time • Transparent – The Customer sees what was purchased by us • Honest – The hours and material estimated are what is used, nothing exceeds the approved estimate • With No Surprises – Billing either matches or is less than what was quoted on the proposal When a customer desires additional work or an emergency arises, there must be some mechanism to quickly communicate and agree upon the cost. Many times, situations arise where it is difficult to come up with a cost ahead of time. We solve that issue with the following 4 step process:
1. Work is identified and a “Not-to-exceed” proposal is created
2. Customer receives the proposal and approves the work
3. Work proceeds, labor is tracked, and receipts are copied
4. Billing NEVER exceeds the original proposal. It is either equal to or less than the original proposal If an issue is uncovered that changes the
scope of the original estimate, the
proposal is revised and resubmitted for
approval (typically with attached
pictures and a clear explanation). Work
will not proceed until there is client
approval of the change.
Key…
The billing for any extra work does not
exceed what you originally approved.
The sample proposal to the left would
be something irrigation related where
multiple valves would need to be
replaced because of an auto accident.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 587
Our Core Values – Safety • Teamwork • Quality • Integrity Page 20
VALUE ADDED SERVICES
Landscape Construction
Site Preparation, Demolition, Grading and Drainage.
Irrigation Systems Installation, Repairs & Upgrades.
Computerized Irrigation Central Control Systems.
Irrigation Pump Installation.
Native Plant Restoration and Habitat Rehabilitation.
Park construction and Athletic Field installations.
Tree, Shrub, & Ground-cover planting.
Hardscape Construction
Concrete Poured-in-Place, Stamped and Seat Walls.
Flagstone, Tile, Masonry and Block Walls.
Drainage and Overhead Construction.
Water Feature Pond Installation & Repair.
Monuments and Signage.
Low Voltage Lighting Design and Installation.
Landscape Maintenance
Private, Commercial, Public Works and Homeowner
Associations
Large Scale Mowing Operations
Comprehensive Irrigation Planning & Management.
Environmentally Friendly Integrated Pest Management.
Year-round Fertilization Application.
Baseball Field Prep and Athletic Turf Maintenance.
Porter Services and Color Design.
Parking Lot Sweeping
Tree Care
On-site Diagnosis and Tree Work Recommendations
Consultative Services with Certified Arborists.
Development of Long-term Tree Care Programs.
Large-scale Tree Trimming Removal.
Diagnosis/Treatment of Tree Diseases and Pest Problems. Stump Grinding and Disposal of Trimmings.
GIS Tree mapping and asset management
Certified Workers & Comprehensive Insurance Coverage.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 588
Our Core Values – Safety • Teamwork • Quality • Integrity Page 21
WATER CONSERVATION
Our performance backs our promises
CHADWICK APARTMENTS
Maintain an attractive landscape with less water.
Our Certified technicians can evaluate your irrigation and provide practical recommendations.
We offer weather-driven irrigation controllers and drought-tolerant landscape conversions. Our computerized tracking system allow us to quickly diagnose and fix problems, saving you water and money.
“Thank you for helping us
get through the drought.
Your staff worked hard to
meet our water reduction
goals while keeping our
sites aesthetically
pleasing.”
-CITY OF GLENDALE
DESIGN IMPLEMENTATION
Bringing your vision to life
We partner with you to achieve a common goal success.
From simple to complex projects, we coordinate our vast array of services to create the project you envision.
Award-winning craftsmanship, in depth knowledge and
high standards of professionalism are applied to every
level of work.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 589
Our Core Values – Safety • Teamwork • Quality • Integrity Page 22 Overview of Additional Tree Care Services
The tree care services of Mariposa Landscapes are set apart from the competition by providing comprehensive consulting services in addition to expert tree care. Our ability to provide such excellent service is due to our crews of highly trained, safety-oriented, certified arborists and tree workers. Our staff receives the latest training in arboriculture methods, techniques, and software systems.
Our specialized consulting services include the following: Urban Forest Management Planning, Tree Evaluations, Inventory Management, Risk Assessments, Hazard Reports, Tree Appraisals, and Insect and Disease Control Recommendations.
Tree Division Accreditation
Mariposa Landscapes received accreditation from the Tree Care Industry Association (TCIA) in 2012, becoming one of the few accredited tree care companies in California. This accreditation involves a thorough audit process of procedures in the following ten areas:
1. Consumer Satisfaction
2. Best Business Practices
3. Business Ethics
4. Employee Training
5. Safety
6. Quality
7. Industry Standards
8. Arborist Certification
9. Insurance Coverage
10. Work Estimates and Specification
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 590
Our Core Values – Safety • Teamwork • Quality • Integrity Page 23 Tree Asset Management
Mariposa Landscapes leverages the latest urban forestry management technology and software. “Tree Plotter” allows us to manage all of our client’s information and property details in one easy-to-access location.
The software program creates and manages tree inventories, conducts statistical analysis and provides reports for our clients. Each client receives their own personal user account login, which provides visibility into their inventory, reports, and maps of their trees.
The Tree Plotter software also allows us to create work orders, assign them to Mariposa’s arborist crew leaders, and maintain an updated work history for a specific client inventory. This delivers maximum transparency for both contractor and client, providing easy access to all aspects of inventory, from creation to billing.
The Tree Plotter inventory management program provides Mariposa’s Tree Division with the ability to create and manage an internal roster of clients and their information. The client information table allows us to enter company names, project manager or point of contact information, property addresses, phone numbers, email addresses, and billing information. Whether our clients have a single property, or multiple locations to inventory, we can create a “Client Site” profile for each one. This allows us to manage the inventories, work orders, and billing for each property separately.
This asset mapping capability can also extend to Irrigation Assets! DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 591
Our Core Values – Safety • Teamwork • Quality • Integrity Page 24
ATTACHMENTS
Pricing sheets and all other required forms
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 592
Exhibit “B”-1
11303-0011\2684081v2.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, 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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 593
Exhibit “B”-2
11303-0011\2684081v2.doc
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___________________________ DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 7/5/2022
7/5/2022
594
Exhibit “B”-3
11303-0011\2684081v2.doc
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.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 595
Exhibit “C”-1
11303-0011\2684081v2.doc
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks (“Tasks”) not to exceed the following rates.
TASK DESCRIPTION SUB-BUDGET
1. Annual Landscape Maintenance of City Properties $118,332.00
2. Clean up of select City Properties as need if needed $14,975.00
3. Annual as needed if needed services not included in
general maintenance
$7,500.00
TOTAL $140,807.00
Reference Pricing Proposal sheets for detailed breakdown, 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.
IV. The total compensation for Services shall not exceed $140,807.00 as provided in Section 2.1 of this Agreement.
V. Contractor’s pricing for all service locations and cleanup are attached as Exhibit C-1.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 596
Exhibit “C-1”-1
11303-0011\2684081v2.doc
EXHIBIT “C-1”
PRICING PROPOSAL
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 597
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
VI. PRICING PROPOSAL
RATE SHEET
Line Item Location Quantity Unit of
Measure
Monthly Rate Annual Rate
1 Ramsey Street Medians from Highland
Springs Avenue to Highland Home Road
12 Month
2 Banning City Hall (Civic Center) 12 Month
3 Banning Police Station (125 E. Ramsey
Street)
12 Month
4 Banning Police Station Northeast
Parking Lot (125 E. Ramsey Street)
12 Month
5 Fire Station (5261 W. Wilson Street) 12 Month
6 Community Center & Senior Center
(769 & 789 N. San Gorgonio Avenue)
12 Month
7 Aquatic Center (749 N. San Gorgonio) 12 Month
8 Former Army Nation Guard Property
(2041 W. Nicolet Street)
12 Month
9 Brinton Reservoir (1700 N. Mountain
Avenue)
12 Month
10 Sunset Reservoir (1202 N. Sunset
Avenue)
12 Month
11 San Gorgonio Parking Lot 12 Month
TOTAL
CLEAN-UP
Line Item Location Unit of Measure Monthly Rate
1 Ramsey Street Medians from Highland Springs Avenue to Highland Home Road
One Time
2 Banning City Hall (Civic Center) One Time
3 Banning Police Station (125 E. Ramsey Street) One Time $1,774.98 $21,299.76 $1,183.32 $14,199.84 $1,380.54 $16,566.48 $295.83 $3,549.96 $591.66 $7,099.92 $887.49 $10,649.88 $986.10 $11,833.20 $788.88 $9,466.56 $986.10 $11,833.20 $788.88 $9,466.56 $197.22 $2,366.64 $9,861.00 Per Month $2,900.00 0 0 DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 598
City of Banning
REQUEST FOR PROPOSAL
LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Line Item Location Unit of Measure Monthly Rate
4 Banning Police Station Northeast Parking Lot (125 E.
Ramsey Street)
One Time
5 Fire Station (5261 W. Wilson Street) One Time
6 Community Center & Senior Center (769 & 789 N. San
Gorgonio Avenue)
One Time
7 Aquatic Center (749 N. San Gorgonio) One Time
8 Former Army Nation Guard Property (2041 W. Nicolet
Street)
One Time
9 Brinton Reservoir (1700 N. Mountain Avenue) One Time
10 Sunset Reservoir (1202 N. Sunset Avenue) One Time
11 San Gorgonio Parking Lot One Time
0 0
0 0
$2,362.50 $5,550.00 $4,162.50 0
* Clean-up pricing does not include irrigation repairs * If Mariposa invoices the City for travel, lodging and subsistence it shall not exceed the current IRS rates.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 599
Exhibit “D”- 1
11303-0011\2684081v2.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 D-1.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 600
Exhibit “D-1”- 1
11303-0011\2684081v2.doc
EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 601
Our Core Values – Safety • Teamwork • Quality • Integrity Page 15
APPROACH AND METHODOLOGY
Along with implementing a monthly work schedule, 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.” Therefore, the work is to be planned and monitored in the following ways:
Annual Work Schedule
Here is a sample schedule. A final schedule will be provided upon start of work.
Within 30 days of award of the contract we will submit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the client representative. The schedule will designate the areas included with the service level and general tasks completed for that month. Any revisions to this schedule will be submitted to the client representative for approval. A review of this schedule will be made at monthly meetings to evaluate success.
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Litter Control, All Areas, Liner Replacement Per Visit Mowing 52 X year Edging & Detaling 52 X year
Blowing 52 X year
Sweeping 52 X year
Broadleaf Control 2 X year
Pre-emergent application 3 X year
Fertilizations 3 X year
Aeration 2 X year
Pest Monitoring Monthly
Irrigation System Inspections Weekly
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Hedge Trimming 8 X year
Ground-Covers Trimming 8 X year
Ground-Covers Edging 8 X year
Shrub Pruning 8 X year
Deadheading & Cleaning As Needed Weed Control Monthly
Fertilizations 2 X year
Pre-emergent application 3 X year Mulching Refreashing Monthly Annual Color 4 X year
Premium Color 1 X year
Removal of Dead Plants As Needed
Trees & Shrubs Safety Clearance Monthly
Irrigation System Inspections Weekly
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Safety Inspection and Reporting Weekly
Blowing Weekly Weed Control As Needed
OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Week Week Week Week Week WeekJUNE JULY AUGUST SEPTEMBER MAY # of
Frequencies
JANUARY FEBRUARY Week
Week
Week Week Week Week Week Week
JUNE
Week
Hardscapes Week
MARCH APRIL JUNE
Turf Areas
Shrubs & G.C Areas
MARCH APRIL MAY
JANUARY FEBRUARY MARCH APRIL MAY
JANUARY FEBRUARY
Week Week Week Week
# of
Frequencies
Week Week Week Week
# of
Frequencies
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 602
1 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763) FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF
BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR LANDSCAPE MAINTENANCE (“Amendment No. 1”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Contractor”) is effective as of _________________________.
RECITALS
A. On June 28, 2022, the City Council adopted Resolution 2022-86, approving that certain Agreement for Professional Services (C00763) for Landscape Maintenance dated July 6, 2022 (“Agreement”). The Agreement provided that Contractor would provide the services specified in the Scope of Services attached to the Agreement as Exhibit “A”.
B. City and Contractor now desire to amend the Agreement in accordance with Resolution 2022-86 to (1) modify the Scope of Services to include landscape maintenance services for Station #89 located at 172 N. Murray Street and the Fire Administration Building located at 3900 W. Wilson Street, and (2) increase the total annual compensation amount by Seven Thousand Two Hundred Forty-Eight Dollars ($7,248.00).
TERMS
1. Contract Changes. The Agreement is amended as follows:
(a) Section 2.1 (“Contract Sum”) of the Agreement is amended to read as follows:
“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 Exhibit C-1 and the not-to-exceed sub-budget 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 One Hundred Forty-Eight Thousand Fifty-Five Dollars ($148,055.00) (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.” (b) Section IV. of Exhibit “C” to the Agreement is amended to read as follows:
“IV. The total compensation for Services shall not exceed $148,055.00 as provided in Section 2.1 of this Agreement.”
(c) Section 1.1 and Exhibit “A” to the Agreement is amended to include the amended scope of services attached as Attachment “1” to this Amendment 1.
DocuSign Envelope ID: 3A69E8D8-9100-4D39-A970-5CFC37D90134 5/8/2023
603
2 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
6. 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]
DocuSign Envelope ID: 3A69E8D8-9100-4D39-A970-5CFC37D90134 604
3 IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING Mariposa Landscapes, Inc.
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval:
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: 3A69E8D8-9100-4D39-A970-5CFC37D90134 5/8/2023
5/8/2023
95-4245898
Antonio Valenzuela
Irwindale, CA 91702
Secretary
6232 Santos Diaz St.
Mariposa Landscapes, Inc.
5/8/2023
2/14/23
5/8/2023
605
4 ATTACHMENT “1”
DocuSign Envelope ID: 3A69E8D8-9100-4D39-A970-5CFC37D90134 606
5 DocuSign Envelope ID: 3A69E8D8-9100-4D39-A970-5CFC37D90134 607
1 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763) FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF
BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR LANDSCAPE MAINTENANCE (“Amendment No. 2”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Contractor”) is effective as of _________________________.
RECITALS
A. On June 28, 2022, the City Council adopted Resolution 2022-86, approving that certain Agreement for Professional Services (C00763) for Landscape Maintenance dated July 6, 2022 (“Agreement”). The Agreement provided that Contractor would provide the services specified in the Scope of Services attached to the Agreement as Exhibit “A”.
B. On May 8, 2023, City and Contractor amended the Agreement (“Amendment No. 1”) to modify the Scope of Services and increase the compensation for the additional services in an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) for a total not-to-exceed Contract Sum of One Hundred Forty-Eight Thousand Fifty-Five Dollars ($148,0550.00), as approved by City Council Resolution 2023-28.
A. City and Contractor now desire to amend the Agreement (“Amendment No. 2”) in accordance with City Council approval to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) for a total not-to-exceed Contract Sum of Two Hundred Eighty-Seven Thousand Eight Hundred Forty-Eight Dollars and Sixty-Four Cents ($287,848.64).
TERMS
1. Contract Changes. The Agreement is amended as follows:
(a) Section 2.1 (“Contract Sum”) of the Agreement is amended to provide that the total Contract Sum shall not exceed Two Hundred Eighty-Seven Thousand Eight Hundred Forty-Eight Dollars and Sixty-Four Cents ($287,848.64). (b) Section 3.4 (“Term”) of the Agreement is hereby amended to extend the Term of the Agreement to June 30, 2024.
(c) Section IV. of Exhibit “C” to the Agreement is amended to read as follows:
“IV. The total compensation for Services shall not exceed $287,848.64 as provided in Section 2.1 of this Agreement.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and DocuSign Envelope ID: D6D3EF8A-0187-4EC7-9F8C-9455B29B8CB8 6/7/2023
608
2 after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 2 shall control.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
6. 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]
DocuSign Envelope ID: D6D3EF8A-0187-4EC7-9F8C-9455B29B8CB8 609
3 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 2 the day and year first hereinabove written.
CITY OF BANNING Mariposa Landscapes, Inc.
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval:
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: D6D3EF8A-0187-4EC7-9F8C-9455B29B8CB8 6/5/2023
Antonio Valenzuela
6/7/2023
Secretary
Irwindale, CA 91702
6232 Santos Diaz Street
Mariposa Landscapes, Inc.
President
Terry Noriega
95-4245898
6/7/2023 6/7/2023
6/7/2023
2023-095
610
AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES
(C00763) FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
1. PARTIES AND DATE
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of: __________________.
2. RECITALS
2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.
2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand TwoHundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.
2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023-095.
2.4 City and Consultant now desire to amend the Master Agreement to modify the scope and to include additional compensation in an amount not to exceed of Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:
3. INCORPORATION OF RECITALS
3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.
4. AMENDMENT TERMS
4.1 The Services are hereby amended to include the additional Services set forth in Attachment “A”, attached hereto and incorporated herein.
DocuSign Envelope ID: 2E741EBC-CE30-4F6D-9E80-594E3DE3B465 9/14/2023
1701 61
4.2 The maximum compensation for services performed pursuant to this Amendment No. 3 to the Master Agreement, is hereby amended and shall not exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Two Hundred Ninety-Two Thousand Seventy-Two Dollars and Sixty-Four Cents ($292,072.64). Work shall be performed at the rates set forth in the Master Agreement.
4.3 Continuing Effect of Agreement. Except as amended by this Amendment No.3, all provisions of the Master Agreement as amended by Amendment No.1 and Amendment No.2, shall remain unchanged and in full force and effect.
4.4 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
4.5 The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other Agreement to which said party is bound.
4.6 This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
4.7 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]
DocuSign Envelope ID: 2E741EBC-CE30-4F6D-9E80-594E3DE3B465 1702 61
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 3 to the Master Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
City Council Approval: _______________ NAME: Date
TITLE:
ATTEST:
Caroline Patton Date
Deputy City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: 2E741EBC-CE30-4F6D-9E80-594E3DE3B465 Secretary
9/11/2023
Antonio Valenzuela
Terry Noriega
President
9/14/2023 9/10/2023
9/14/2023
2023-095
1703 61
ATTACHMENT “A”
DocuSign Envelope ID: 2E741EBC-CE30-4F6D-9E80-594E3DE3B465 1704 61
AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763)
FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
1. PARTIES AND DATE
THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of:
__________________.
2. RECITALS
2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.
2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.
2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023- 095.
2.4 City and Consultant have entered into an Amendment No.3 to the Master Agreement dated, September 14, 2023 to exercise the option to extend the Agreement for an additional services and to provide compensation in an amount not to exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).
2.5 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred FortyEight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48).
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:
3. INCORPORATION OF RECITALS
3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.
DocuSign Envelope ID: C12E458B-514C-4AD8-9BBF-16BA2E6A9489 6/25/2024
169715
4. AMENDMENT TERMS
4.1 The maximum compensation for services performed pursuant to this Amendment No. 4 to the Master Agreement, is hereby amended and shall not exceed One Hundred Forty-Eight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Four Hundred Forty Thousand Four Hundred Forty-Four Dollars and Twelve Cents ($440,444.12).
Work shall be performed at the rates set forth in the Master Agreement.
4.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2025, unless sooner terminated or extended as provided in the Agreement.
4.3 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment “A”, attached hereto and incorporated herein.
4.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Master Agreement as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3, shall remain unchanged and in full force and effect.
4.5 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.
4.6 The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other Agreement to which said party is bound.
4.7 This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original.
4.8 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]
DocuSign Envelope ID: C12E458B-514C-4AD8-9BBF-16BA2E6A9489 169816
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 4 to the Master Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
City Council Approval: _______________ NAME: Date
TITLE:
ATTEST:
Caroline Patton Date
Administrative City Clerk
APPROVED AS TO FORM:
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: C12E458B-514C-4AD8-9BBF-16BA2E6A9489 6/14/2024
President
6/21/2024
Terry Noriega
Antonio Valenzuela
6/21/2024
Secretary
6/25/2024
6/25/2024
2024-081
169917
ATTACHMENT “A”
DocuSign Envelope ID: C12E458B-514C-4AD8-9BBF-16BA2E6A9489 1700 618
AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763)
FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
1. PARTIES AND DATE
THIS AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT (“Amendment No. 5”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of:
__________________.
2. RECITALS
2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.
2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.
2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023- 095.
2.4 City and Consultant have entered into an Amendment No.3 to the Master Agreement dated, September 14, 2023 to exercise the option to extend the Agreement for an additional services and to provide compensation in an amount not to exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).
2.5 City and Consultant have entered into an Amendment No.4 to the Master Agreement dated, June 25, 2024 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Forty-Eight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48) as approved by City Council Resolution No. 2024-081.
2.6 City and Consultant now desire to amend the Master Agreement to exercise the option to provide additional compensation for the as needed services in amount not to exceed Fifteen Thousand Dollars ($15,000.00).
Docusign Envelope ID: 91D24BDE-E988-4287-8DE0-63580DCE6119 3/26/2025
169319
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:
3. INCORPORATION OF RECITALS
3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.
4. AMENDMENT TERMS
4.1 The maximum compensation for services performed pursuant to this Amendment No. 5 to the Master Agreement, is hereby amended and shall not exceed Fifteen Thousand Dollars ($15,000.00) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Four Hundred Fifty-Five Thousand Four Hundred Forty-Four Dollars and Twelve Cents ($455,444.12). Work shall be performed at the rates set forth in the Master Agreement.
4.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Master Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, and Amendment No.4, shall remain unchanged and in full force and effect.
4.3 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.
4.4 The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, (iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 5 does not violate any provision of any other Agreement to which said party is bound.
4.5 This Amendment No. 5 may be signed in counterparts, each of which shall constitute an original.
4.6 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]
Docusign Envelope ID: 91D24BDE-E988-4287-8DE0-63580DCE6119 169420
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 5 to the Master Agreement the day and year first hereinabove written.
CITY OF BANNING MARIPOSA LANDSCAPES, INC.
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Caroline Patton Date
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.
Docusign Envelope ID: 91D24BDE-E988-4287-8DE0-63580DCE6119 3/11/2025
Secretary
Antonio Valenzuela
Terry Noriega
President
3/26/2025 3/17/2025
3/26/2025
169521
ATTACHMENT “A”
Docusign Envelope ID: 91D24BDE-E988-4287-8DE0-63580DCE6119 169622
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-74, Authorizing the City Manager to Execute the Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad in the Amount “Not-to-Exceed” $450,000 for the Hargrave Street Grade Separation Project RECOMMENDATION:
Adopt Resolution 2025-74.
BACKGROUND:
The Hargrave Grade Separation has been a priority project for the City of Banning for years. Hargrave Street is an existing north-south arterial road that crosses under the elevated I-10 and the Union Pacific Railroad (UPRR) tracks at-grade south of the I-10. Due to the increase of UPRR trains and truck traffic through the Banning Pass area, waiting times at the train tracks crossing have increased significantly in recent years.
On June 8, 2024, the City of Banning entered into a grant agreement with the Federal Railroad Administration (FRA) to provide funds in the amount of $2,800,000 under the Railroad Crossing Elimination (RCE) grant program for the planning and design of the Hargrave Grade Separation project.
On October 8, 2024, the City Council approved Resolution 2024-161 approving a Funding Agreement with the Riverside County Transportation Commission (RCTC) through the SB 125 Transit and Intercity Rail Capital Program (TIRCP) in the amount of $5,000,000 for the planning and design of the Hargrave Grade Separation project.
On January 28, 2025, the City Council approved Resolution 2025-13 awarding a Professional Services Agreement for the Design of Hargrave Grade Separation to Kimley-Horn and Associates, Inc. in the amount of $7,929,775.06.
UPRR submitted the attached Preliminary Engineering Services Reimbursement Agreement which stipulates that the City of Banning will be responsible for UPRR costs associated with the review and approval of project design plans and specifications at a “not-to-exceed” fee of $450,000.
The scope of work will include the following tasks:
Field diagnostics and inspections
Plan, specification, and construction review
Project design
Preparation of Project estimate for force accounts or other work performed by UPRR 623
Meetings and travel
JUSTIFICATION:
The key component of the Hargrave Grade Separation project is the design and construction of a temporary “shoofly track” that will help maintain railroad operations while grade separation is being built.
The City is required to coordinate with UPRR on the design of all infrastructure within UPRR right-of-way, encompassing both the permanent grade separation bridge and the temporary “shoofly track.” FISCAL IMPACT:
The UPRR Agreement costs will be reimbursed through the SB125 TIRCP Grant ($5,000,000) administered by RCTC. Development Impact Fees (DIF) will be used as local match.
The UPRR Agreement will be funded from FY25 to FY28 through Gas Tax Street Fund. An appropriation in the amount of $450,000 to expenditure Account No.100-4900-431.90-10 is required.
ALTERNATIVES:
Do not adopt Resolution 2025-74 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-74, Hargrave Grade UP.docx
2. Resolution No. 2025-013.pdf
3. Resolution No. 2024-161.pdf
4. FRA Funding Agreement.pdf
5. UPRR Agreement.pdf
624
Resolution 2025-74