Banning City Council
May 27, 2025

May 27, 2025
5:00 p.m.

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

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING

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

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

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Todd Oldenburg of Thrive Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
May 27, 2025
1 3. PRESENTATIONS

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Receive and File Police Department Statistics for the Month of April 2025

6.2 Receive and File Fire Protection Services Statistics for the Month of April 2025

6.3 Public Works Capital Improvement Project Tracking List

6.4 Receive and File Code Enforcement Statistics for the Month of April 2025

6.5 City Council Travel and Conference Expense Report Year to Date Through April 2025

6.6 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for April 2025

6.7 Community Cleanup and Compost Giveaway Event Update

6.8 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds

6.9 Consideration of Accepting an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-6 and 37388-7 of the Atwell Project
John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

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

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: This is informational only; receive and file report.

Recommendation: Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds City Council - Regular Meeting Agenda
May 27, 2025
2 6.10Approval of Temporary Right of Entry Agreement with Southern California Gas Company (SoCalGas) for Pipeline Replacement Project at APN 532-130-012

6.11Consideration of Resolution 2025-66, Consolidated Approval of Software-as-a-Service Projects Utilized Citywide

6.12Consideration of Resolution 2025-67, Approving Amendment No.1 to the Landscape Operation and Maintenance Contract for Landscape Maintenance District No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2025/2026 in the Amount of $90,002

6.13Consideration of Resolution 2025-68, Authorizing Staff to Execute an Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land with Tri-Pointe Homes for Interim Stormwater Facilities Within the Atwell Project

6.14Consideration of Resolution 2025-70, Approving Amendment No. 4 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $57,080 for Environmental Permitting Related Biological Studies for the Sun Lakes Boulevard Extension Project

6.15Consideration of Resolution 2025-71, Approving the Fourth Amendment for Contract Services (C00698) for Landscape Maintenance Services for Banning City Parks with Mariposa Landscapes, Inc. in the not too exceed amount of $167,296.95 for FY 2025/26

6.16Consideration 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

6.17Consideration 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

6.18Consideration of Resolution 2025-75, Approving Amendment No. 2 to the Custodial Services Agreement to Executive Facilities Services, Inc. for Custodial Services at City Facilities in the Amount of $224,512

6.19Consideration of Resolution 2025-76, Approving Amendment No. 1 to a Sole Source Agreement with CASC Engineering and Consulting, Inc. ("CASC") for Consulting Services Related to the Focused General Plan Update in an Amount of $229,268 for a Total Contract Amount Not to Exceed $415,753
Recommendation: Accept an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-6 and 37388-7 of the Atwell Project.

Recommendation: Authorize the City Manager to execute a Temporary Right of Entry Agreement (TRE) with Southern California Gas Company (SoCal Gas) for the replacement of approximately 400 feet of Line 2000 pipeline on City-owned property identified as APN 532- 130-012, located in Banning.

Recommendation: Adopt Resolution 2025-66.

Recommendation: Adopt Resolution 2025-67.

Recommendation: Adopt Resolution 2025-68.

Recommendation: Adopt Resolution 2025-70.

Recommendation: Adopt Resolution 2025-71.

Recommendation: Adopt Resolution 2025-73.

Recommendation: Adopt Resolution 2025-74.

Recommendation: Adopt Resolution 2025-75.

City Council - Regular Meeting Agenda
May 27, 2025
3 6.20Consideration of Resolution 2025-77, Awarding a Construction Contract for Project No. 2022- 05 Ramsey Street and Omar Street Intersection Improvements, to Van Engineering, Inc. in the Amount of $649,954 and approving a 10% contingency for a total budget of “Not-toExceed” $714,949.40

6.21Consideration of Resolution 2025-78, Adopting the Revised City of Banning Manual of Procedural Guidelines

7. PUBLIC HEARINGS

7.1 Consideration of (1) Resolution 2025-59, Approving the Banning Commerce Center Project by Sansone Group, Including a Design Review Application, Case DR 21-7017, for the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street ("Project Site") and a Tentative Parcel Map Application, Case TPM 38756, for the Subdivision of the 131-28-acre Project Site into Three Numbered Lots for Private Development Improvements and Four Lettered Lots for Right-of-Way and Other Improvements; (2) Resolution 2025-60, Certifying the Environmental Impact Report (SCH No. 2022090102), Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Banning Commerce Center Project Consisting of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Located on the Project Site; and (3) Introduction and First Reading of Ordinance 1609, Approving a Development Agreement By and Between the City of Banning and JDJN Enterprises, LLC, a Missouri Limited Liability Corporation

8. REPORTS OF OFFICERS

8.1 Update of the ATP Cycle 7 Grant Application “City of Banning Downtown Active Transportation Improvement Project” Submittal and Seeking Concurrence to reapply for Cycle 8

8.2 Consideration of Resolution 2025-72, Amending Administrative Policy (AP) No. B-35 – Grant Management/Administration

8.3 Consideration of Homeless Services

8.4 Consideration of an Agreement with Wanderlust Events for a Summer Food Truck Event Series located at City-Owned Property located at 150 E. Ramsey Street, Banning, CA 92220 Recommendation: Adopt Resolution 2025-76.

Recommendation: Adopt Resolution 2025-77.

Recommendation: Adopt Resolution 2025-78.

Recommendation:

1. Adopt Resolution 2025-59.

2. Adopt Resolution 2025-60.

3. Introduce and conduct first reading of, by title only, Ordinance 1609: AN ORDINANCE

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

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BANNING AND

JDNJ ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY CORPORATION Recommendation: Staff are seeking City Council concurrence with regard to reapplying for the Cycle 8 ATP (Active Transportation Plan) grant program administered by the California Transportation Commission (CTC), due in June of 2026.

Recommendation: Adopt Resolution 2025-72.

Recommendation: Provide staff direction for wraparound services.

Recommendation: City Council is requested to provide direction and approval regarding the City Council - Regular Meeting Agenda
May 27, 2025
4 9. DISCUSSION ITEMS

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

12. ADJOURNMENT
proposed event series' costs and logistics as outlined in this report.

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Contracting Animal Services (Flynn)

3. Emergency Preparedness (Barrington)

4. Changes to the Banning Procedural Manual (Royce)

5. Discussion of Reversing Decision to Close Airport (Royce)

6. Patriot Tree (Barrington)

7. Contractor(s) to do Citywide Cleanup (Flynn)

8. RFP for City Manager (Wallace)

9. Long term City Strategic Planning (Miller)

10. Review Grant Management Protocol (Flynn)

11. Update on Electric Billing (Miller)

12. Review and Update Council Travel Policy (Flynn)

13. 2x2 Committee on Smith Correctional Facility (Royce)

14. Acting City Manager Evaluation (Miller)
Next Regular Meeting – June 10, 2025
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

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If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

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Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

City Council - Regular Meeting Agenda
May 27, 2025
5 Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
May 27, 2025
6 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

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

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

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

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
May 27, 2025
7 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Vincent Avila, Chief of Police
MEETING DATE: May 27, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of April 2025 RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.

FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Group A Offense Report (30)-APRIL 2025.pdf

2. Police Stats Workbook updated Apr 2025.pdf
8 Offense Reported
in 2025
Reported
in 2024
Percent
Change
Offenses
Cleared
Percent
Cleared
Percent Of
Category
Rate Per
100,000*
Murder 1 1 0.00% 0 0.00% 6.25% 3.13
Negligent Manslaughter 0 0 NA 0 0.00% 0.00% 0.00
Justifiable Homicide 0 0 NA 0 0.00% 0.00% 0.00
Non-consensual Sex Offenses:

Rape 0 0 NA 0 0.00% 0.00% 0.00
Sodomy 0 0 NA 0 0.00% 0.00% 0.00
Sexual Assault with Object 0 0 NA 0 0.00% 0.00% 0.00
Fondling 1 1 0.00% 0 0.00% 6.25% 3.13
Aggravated Assault 5 9 -44.44% 2 40.00% 31.25% 15.63
Simple Assault 9 6 50.00% 5 55.56% 56.25% 28.13
Intimidation 0 2 -100.00% 0 0.00% 0.00% 0.00
Kidnapping/Abduction 0 0 NA 0 0.00% 0.00% 0.00
Consensual Sex Offenses:

Incest 0 0 NA 0 0.00% 0.00% 0.00
Statutory Rape 0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Persons Total 16 19 -15.79% 7 43.75% 26.23% 50 Robbery 1 1 0.00% 0 0.00% 3.70% 3.13
Burglary/Breaking & Entering 4 24 -83.33% 0 0.00% 14.81% 12.50 Larceny/Theft Offenses 8 10 -20.00% 1 12.50% 29.63% 25.00 Motor Vehicle Theft 3 4 -25.00% 0 0.00% 11.11% 9.38
Arson 1 1 0.00% 0 0.00% 3.70% 3.13
Destruction Of Property 5 8 -37.50% 1 20.00% 18.52% 15.63 Counterfeiting/Forgery 2 0 NA 0 0.00% 7.41% 6.25
Fraud Offense 2 1 100.00% 0 0.00% 7.41% 6.25
Embezzlement 0 0 NA 0 0.00% 0.00% 0.00
Extortion/Blackmail 0 0 NA 0 0.00% 0.00% 0.00
Bribery 0 0 NA 0 0.00% 0.00% 0.00
Stolen Property Offenses 1 1 0.00% 1 100.00% 3.70% 3.13 Crimes Against Property Total 27 50 -46% 3 11.11% 44.26% 84.38 Drug/Narcotic Violations 5 1 400.00% 5 100.00% 27.78% 15.63 Drug Equipment Violations 7 5 40.00% 7 100.00% 38.89% 21.88 Gambling Offenses 0 0 NA 0 0.00% 0.00% 0.00
Pornography/Obscene Material 0 0 NA 0 0.00% 0.00% 0.00
Prostitution 0 0 NA 0 0.00% 0.00% 0.00
Weapons Law Violation 6 7 -14.29% 6 100.00% 33.33% 18.75 Animal Cruelty 0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Society Total 18 13 38.46% 18 100% 29.51% 56.25 Agency: BANNING PD
Total Group "A" Offenses 61 82 -25.61% 28 45.9% 100% 190.63 Statewide Crime Profile * Adjusted population base: 32,000 2025 Crime in California

Note: The Rate per 100,000 will be 'NA' when the Adjusted Population Base is Zero.

Group A Offense Report
Beginning Date: 04/01/2025 Ending Date: 04/30/2025
Printed On: 05/15/2025

9 CRIME Apr-25 Apr-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 1 0 100% 1 1 0%
Rape 0 1 -100% 1 2 -50%
Robbery 1 0 100% 4 1 300%
Assaults Agg/Simp 14 18 -22% 56 78 -28%
Burglary 4 20 -80% 9 54 -83%
Vehicle Theft 3 9 -67% 24 28 -14%
Larceny 8 25 -68% 38 89 -57%
OTHER
Narcotics 6 3 100% 24 27 -11%
DUI 4 1 300% 10 6 67%
T/C Non-Injury 16 16 0% 56 62 -10%
T/C Injury 3 5 -40% 17 20 -15%
T/C Fatal 0 0 0% 0 0 0%
Transient Calls 164 157 4% 517 561 -8%
Unattended Death 3 2 50% 13 12 8%
246PC 8 13 -38% 32 33 -3%
Citations 67 45 49% 339 235 44%
Total Incidents 2764 2775 0% 11282 11121 1%

BANNING POLICE DEPARTMENT
APRIL, 2025
10 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Todd Hopkins, CalFire Division Chief
MEETING DATE: May 27, 2025
SUBJECT: Receive and File Fire Protection Services Statistics for the Month of April 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, provide specific reports to the public and City Council on a monthly basis.

JUSTIFICATION:

Many fire and EMS departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the fire department
FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. jurisreport_banning.pdf
11 Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
4/1/2025 to 4/30/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
False Alarm 19
Haz Mat 1
Medical 365
Other Fire 13
Public Service Assist 27
Res Fire 2
Traffic Collision 15
Vehicle Fire 3
Wildland Fire 4
Incident Total 449
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
10 215 83
1 4.60 69.58
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene.

Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 323
Total: 323
Mutual Aid Given
Engine 169
Total: 169
Mutual Aid Received
36 Brush 5
Chief 12
Engine 174
Patrol 12
PIO 2
Squad 22
Truck/Quint 7
Total: 270
5/1/2025 1:41:35PM Page 1 of 212
Truck Report
MRFT1 recorded 7 responses in City of Banning from 4/1/2025 1:40:10 PM to 4/30/2025 1:40:10 PM
Significant Incidents
CAL FIRE / Riverside County Fire Department responded to a residential structure fire at the location above. First arriving engine found a fully involved structure. Units initiated fire attack from the exterior of the structure; however, the structure was a total loss. 2 civilians self-transported to a local hospital. Fire Prevention is at scene conducting an origin & cause investigation. 2 adults are displaced, however, unable to determine need for Red Cross. 2 adult fatalities. Units will remain at scene for several hours.
** UPDATE **
2 confirmed fatalities.
25CARRU067200
4/26/2025 5:29:00AM
5/1/2025 1:41:35PM Page 2 of 213

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: May 27, 2025
SUBJECT: Public Works Capital Improvement Project Tracking List RECOMMENDATION:

Receive and file.

BACKGROUND:

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

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

JUSTIFICATION:

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

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Not applicable.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CIP Tracking May 2025.pdf
14 Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 2% Contract execution; project kickoff, grant reporting.

Agreements with Caltrans and UPRR;
Project Management Plan; Update
Schedule
Basis of Design Document 12/30/27 $ 8,300,000
Streets - Highland Springs Avenue
Interchange
PA&ED 35% Highway Safety Manaul segmentation existing
condition; aerial topo mapping; traffic volume
report; Environmental Purpose/Need Statement;
Air/Noise memos; VMT Methodology Memo; DDI
Exclusion Memo; ROW Data Sheets;
Geometric development; utility agency data
collection; Traffic Operations Analysis
Report; Enviro. Technical Reports; HSM
Analysis Memo; Geotech Reports; Prelim
Drainage Reports;
Design Standard Risk Assessment;
Value Analysis Report; Geometric
Approval Document; R/W Data Sheets;
Transp. Management Plan
8/1/25 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 92% Council has approved a redesign in order to comply with Kinder Morgan's requirements.

Webb to submit signed 100% Plans.

Finalize Easement Documents and
Environmental Permitting
Prepare Bid Documents 12/1/26 $ 1,248,026
Streets - Traffic Signalization of 8th
Street/I-10 Interchange
Design/Permits 90% Design well underway. Submittal of
encroachment permit application to Caltrans.

Caltrans approval on TOAR and concepts.

Design drawings have been resubmitted to
Caltrans and awaiting a response.

Negotiations with private owners for ROW
acquisition.

Resubmitted to Caltrans if needed.

Caltrans encroachment permit
issuance. Property acquisition (private
party task)
12/1/25 $ 1,081,000
Streets 2022-05 HSIP Cycle 10 Omar/Ramsey
Intersection Improvements
Construction 0% Project Approved for Funding by the State.

Proposal solicitation. Contract award.

Award Project by CC 5/27/25 Kick Off Meeting 7/30/25 $ 59,698 Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 0% Project Approved for Funding by the State.

Project Awarded.

Project needs to rebid. Bids came in higher
than Engineer's Cost Estimate
Award Contract 7/30/25 $ 64,780
Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 5% Project approved for funding by Caltrans STC Traffic Working on 90% Plans Submittal and Caltrans Approval
100% Plans Submittal and Approval 12/1/25 $ 433,900
Streets 2023-10 HSIP Pedestrian Crossings
Upgrades at 19 Intersection
PS&E 2% Project approved for funding by Caltrans RFP Sent to Purchasing for Advertizing Award Contract 12/1/25 $ 585,000 Streets 2023-11 HSIP Wilson St & 12 St
Intersection Upgrade
PS&E 2% Project approved for funding by Caltrans Preparing RFP Documents for Design Services
Send to purchasing for advertizing 12/1/25 $ 277,000
Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 95% Amendment 2 CC Approval. 65% Plans
complete
Final Plans approved by UPRR, CUPC and
Caltrans. Sent GO 88-B to Caltrans for
Review
Prepare Bid Documents 12/1/25 $ 230,000
Facility 2021-06 CNG Station Design-Build 50% Grading, wall footing, equipment pads and some underground piping. Underground utility
installation; coordination with Gas Co., concrete
pads.

Continue construction of block wall;
shephard hook installation; install time fill
posts.

Concrete driveway, install bollards, Gas
Company to begin work, BEU to begin
work.
10/1/25 $ 4,888,261
Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
Preparation of RFP Award, Construction 6/30/25 $ 275,000 Facility 2024-02 City Hall West Side Workspace
Reconfiguration
Construction 100% Removal of cubicles, removal of floowing, close off existing hallway door, installation of flooring
and new office spaces and furniture
Completed. Issue Notices of Completion Complete punchlist and close out project.
2/28/25 $ 300,000
Facility 2023-16 Opportunity Village Sound Wall Design 90% Project kicked off. 100% Plans approved by City. Waiting on Caltrans approval and Encroachment
Final Plans 6/1/25 $ 103,486
Water 2018-02W2 New Domestic Water Well C8 (Phase 2: Well Equipping and Site Development)
Construction 5% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.

Material submittal reviews and procurement
are underway. Contractor to mobilize on
5/28/2025 for prelim site grading.

Site grading and installation of
underground piping/structures.
9/30/25 $ 3,774,100
Water 2023-15W Ramsey Street Water Line Construction 99% 16" DIP for the actual mainline alignment has been completed and tested. Services installed.

Project major tasks completed. Only
pavement striping remains
CC Notice of Completion 5/24/25 $ 1,199,106
Water 2022-07W Well M12A (Phase 2: Well
Equipping an Site Development)
Construction 5% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.

Material submittal reviews. Contractor to
mobilize 5/25/2025 for prelim site grading.

Site grading and installation of
underground piping/structures.
9/30/25 $ 2,684,990
Water 20254-08W Banning Canyon Stormwater
Repairs
Construction 20% Held pre-con and issued a NTP to Weaver Grading.

Grading (dredging) of the percolation ponds
is underway.

Grading/restoration 7/31/25 $ 563,310
Wastewater 2022-
01WW
Wastewater Treatment Plant and
Recycled Water Improvments
Phase 1
(Design)
5% Executed DBIA Agreement (545) and General
Conditions (535). Phase 1 (design) kick-off
meeting was held on 4.21.2025.

Technical design workshops are being held
roughly every 3-weeks. All requested data
e.g., as-builts, shop drawings of the
exisitng plant's equipment etc., and
sanitray sewer strength (influent/effleunt)
samples are being tested for design
purposes.

Data collection, field surveys,
preliminary design reprot and
continuation of technical workshops
with the City.
4/30/26 $ 4,398,490

PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 15 Wastewater 2020-
08WW
WWTP Equalization Basin Design/CEQA 90% Completed 60% drawings, 90% drawings are in reviewed.

Development of 100% drawings; working
with EPA on grant funding.

Submittal of 100% drawings; Approval
to proceed with grant expenditures;
Invitation for Bids
8/1/25 $ 362,866
Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 10% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.

Mass Grading of both sites is complete.

Contractor working on Storm Drain and
Staking for buildings. Long lead materials
submittals have been approved.

Underground piping followed by forebay tanks and building improvements. 2/1/26 $ 10,160,200 Recycled
Water
2023-
06RW
Lions Park Non-Potable Water
Conversion
Design 100% Project Awarded. Kick Off Meeting. Surveying and utility research
Bid package being reviewed by PW for
posting
Award project 12/1/25 $ 98,500
Electric Sun Lakes Blvd Extension Design 90% Full redesign completed and in review Development of 100% drawings and prepare bid package to include with larger
Public Works project.

Prepare bid documents, construction
cost estimate and invitation for bid.
12/1/26 $ 75,700
Electric Robertson's Ready Mix Pole
Relocation
Construction 0% Line Extension Agreement approved by City Council. Additional comments provided by
Robertson's Ready Mix
Update ageemtment and resubmit for City
Council approval
Collect deposits from Robertson's
Ready Mix and order materials for
contruction and schedule installation
3/30/26 $ 425,000
Electric 12kV Reconductor on Barbour St
at Hathaway
Design 90% Design has been completed for the project Plan in review with amangement Include project in budget cycle for 2025/26; Order materials for contruction
and schedule installation
12/30/25 $ 100,000
16 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: May 27, 2025
SUBJECT: Receive and File Code Enforcement Statistics for the Month of April 2025 RECOMMENDATION:

Receive and file.

BACKGROUND:

The City’s Code Enforcement Division (“Code”) is responsible for enforcement of the Banning Municipal Code and state and federal laws, as applicable. Typical code enforcement duties and responsibilities include pursuing the abatement of unsafe buildings, unpermitted land use, business without a license, construction without permit, and unregistered food vendors. Additionally, Code is responsible for compliance with weed abatement, which involves patrol, investigation, noticing, enforcement, and remediation of vacant lots.

Code is currently overseeing 385 open cases, including 36 cases opened during the month of April 2025. Below is a summary of cases during the month of April 2025.

Month YTD
New Cases Opened 36 111
Total Cases Open (includes previous years) 385 N/A
Notice of Violations issued 143 372
Violations Resolved 126 440
Citations Issued 4 30
Field Inspections completed 117 380
Fee's Collected (Citations) $ $ 1,946.67
Red Tagged Properties 3 12
Abandoned Vehicles Abated (AVA Program) 0 0
Weed Abatement Cost Recovery Received $ 61,671.22 $ 90,935.03 72 Hour Parking Notice Violation 3 3
JUSTIFICATION:

Monthly activity reports are provided for informational purposes.

FISCAL IMPACT:
17 Not applicable.

ALTERNATIVES:

Direct staff to provide additional information on the case data.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
18 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: May 27, 2025
SUBJECT: City Council Travel and Conference Expense Report Year to Date Through April 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City Council attends many events, conferences, and training sessions while serving the City of Banning. The rules for these events and expenses are enforced by the Reimbursement Policy for Elected and Appointed Officials as well as by Policy E-3 Travel and Meeting Policy.

JUSTIFICATION:

As part of the Reimbursements Policy for Elected and Appointed Officials each official must briefly report on outside meetings, and all City reimbursement expenditures are subject to disclosure under the Public Records Act and other applicable laws. This monthly report will enable the City to comply with this requirement.

FISCAL IMPACT:

All expenditures under this category are from account 001-1000-411.23-05. As of April 30, 2025, the total charges expensed to this account is $XX,XXX.XX.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current council activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Travel Expenses - City Council
19 20
21 22
23 24
25 26

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: May 27, 2025
SUBJECT: Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for April 2025 RECOMMENDATION:

Receive and file.

BACKGROUND:

Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3), The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.

JUSTIFICATION:

While the policy requires contracts signed under the City Manager’s signature authority to be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.

FISCAL IMPACT:

None
ALTERNATIVES:

Failure to provide this report to the City Council would result in the City being out of compliance with Purchasing Policy B-30,3-105(5).

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025-05 May 2025 Executed Contract Below $25K.pdf
27 City Manager
Approval Date Vendor Name Description of Item/Service Contact Award Total Department/ Division Comments
4/10/2025 Mariposa Landscaping, Inc. Palm Tree Trimming - Ramsey Median 2,784.00 PW - Streets CUPCCAA Contract 4/11/2025 Southern California Gas Co. Project 286304 - Line Extension 603,691.46 PW - Transit 4/11/2025 Southern California West Coast Elec CityHall Can Lights 4,600.00 PW - Building Maintenance CUPCCAA Contract 4/11/2025 General Pump Company Inc. Banning WWTP Booster Rebuild 31,357.98 PW - Wastewater CUPCCAA Contract 4/11/2025 EXP U.S. Services, Inc. All Way Stop Warrant Study 7,200.00 PW - Engineering 4/15/2025 Couts Heating & Cooling, Inc. Adding of Router and adding City Hall Data to PD 6,502.14 PW - Building Maintenance CUPCCAA Contract 4/16/2025 Myers & Sons Hi-Way Safety Inc. Guard repair 3055 W. Ramsey 4,942.07 PW - Building Maintenance CUPCCAA Contract 4/17/2025 West Coast Arborists, Inc Park Tree Trimming - Repplier Park Tennis Courts 2,250.00 CS - Parks CUPCCAA Contract 4/21/2025 SoCal Arbor Care Inc Repplier Park - Tree Trim Georgia & Internal 10,085.00 CS - Parks CUPCCAA Contract 4/21/2025 SoCal Arbor Care Inc 4469 W. Wilson - Tree Service 5,090.00 PW - Streets CUPCCAA Contract 4/21/2025 Core Business Technologies Credit Card Machines - AS - Utility Billing 4/22/2025 ACC & Engineering LLC Playhouse Bowl Flooring 10,109.70 PW - Building Maintenance CUPCCAA Contract Contracts Approved Within City Manager Signature Authority FOR MONTH OF MAY 2025
28 4/22/2025 KEPT Companies Bus Washing Services 11,000.00 PW - Transit 4/22/2025 SoCal Arbor Care Inc Tree Removal at 1796 N. San Gorgonio & stump g 2,950.00 PW - Streets CUPCCAA Contract 4/24/2025 Mariposa Landscapes, Inc Prune Trees at 713 N Sunrise St 14,950.00 PW - Water CUPCCAA Contract 4/24/2025 Sloan, Sakai, Yeung & Wong LLP Legal Services as needed CM - City Manager Date Vendor Name Description of Item/Service Contact Award Total Change Order Comments
4/11/2025 Core Business Technologies Credit Card Machines $3,001.00 3,001.00 4/11/2025 CASC Engineering & Consulting Extend Time Line - Design San Gorgonio/ UPRR Crossing
$112,908.36 -
4/14/2025 Hemet Fence Corp CO No.1 - Electric Dept Fencing $0.00 4/14/2025 Vision Security Systems CO No.1 - Add'l data drop 17,391.00 191.00 4/21/2025 Michael Baker International Amend No.3 - Sunset Crossroads Specific Plan $150,000.00 Time Extension only 4/22/2025 Cornerstone Development Co. Design Engineering Services $547,900.00 Time Extension only Date Vendor Name Description of Item/Service Amount Department Comments 4/15/2025 OneSource Distributors Water Inventory Supplies & Commodities 57,756.16 PW - Electric Reso 2024-101 FOR MONTH OF MAY 2025
Change Orders Approved Within City Manager Signature Authority FOR MONTH OF MAY 2025
INVENTORY PURCHASES OVER $25K
29 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: Community Cleanup and Compost Giveaway Event Update RECOMMENDATION:

This is informational only; receive and file report.

BACKGROUND:

The City of Banning has partnered with Waste Management as part of the solid waste franchise agreement to provide three free bulky item collection events for residential accounts per calendar year.

In celebration of Earth Day the City held the second of three bulky item collection events for this year on April 19, 2025, at Dysart Park offering residents the opportunity to dispose of unwanted items including, but not limited to, appliances, mattresses, green waste, e-waste and so forth. This event also offers residents paper shredding and the collection of household batteries.

This latest event welcomed 523 vehicles. An accumulation of 40.27 tons of municipal solid waste, 9.45 tons of green waste, 8.22 tons of white goods/metal, 3.15 tons of paper shredding, 3.05 tons of E-waste, and 2.29 tons of mattresses were collected over the duration of 5 hours. Waste Management collected a grand total of 66.43 tons of waste, of which 26.16 tons were successfully diverted from the landfill.

Furthermore, five (5) barrels of household batteries were collected during the event.

According to Waste Management's calculations, these recycling efforts resulted in the following benefits:
• Saved 136,091 kWh of electricity. Enough electricity to power 11 households for one year. • Reduced GHG emissions by 5 metric tons. Equivalent to taking 3 passenger cars off the road for one year.
• Kept 6,100 Ibs of solid Waste out of the landfill. The amount of trash generated by 3 households in one year.
• Kept 1,495 Ibs. of hazardous materials out of the environment.

In addition to the collection of bulky waste at Dysart Park, the City included a compost station, giving away free compost to the community. Fifty-two (52) residents obtained compost on the day of the event.

Any unused compost that was not given away was disbursed and utilized on City properties throughout the community. Incorporating the free compost giveaway supports the City’s compliance goals in achieving targets identified by the State and SB 1383 requirements to purchase and utilize organic waste materials. In all, Waste Management provided 18 tons of compost for the giveaway.

JUSTIFICATION:

The City’s Bulky Item Collection and Compost Giveaway events continue to be a success and provide a great service to our community. The events aid in keeping the community clean through reducing the 30 amount of waste that may otherwise be illegally dumped throughout the City and its rights-of-ways. Our next event is scheduled for Saturday, October 18, 2025.

FISCAL IMPACT:

Event staff and material costs were funded by the Refuse fund.

ALTERNATIVES:

Receive and file.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. ATTACHMENT 1 Event Pictures 4.19.25.pdf
31 Staff Report: Bulky Item Collection & Compost Giveaway (Earth Day Celebration) April 19, 2025
523 Vehicle Trips

BULKY ITEM COLLECTION & COMPOST GIVEAWAY EVENT PICTURES 32 Staff Report: Bulky Item Collection & Compost Giveaway (Earth Day Celebration) April 19, 2025
523 Vehicle Trips
33 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds
RECOMMENDATION:

Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds
BACKGROUND:

The City Council approved the Butterfield Specific Plan on April 10, 2012 with Ordinance No. 1450. A challenge to the project approval was filed and resolved with a Settlement Agreement by the parties in November 2014. The initial project approvals for the Specific Plan anticipated the use of recycled water for common areas within the Specific Plan by the installation of non-potable pipelines for future connection and use once recycled water was made available by the City of Banning. Terms within the Settlement Agreement agreed to by Pardee Homes (now Tri-Pointe Homes) required Pardee Homes to fund or construct project related infrastructure to provide non-potable water.

The NP-1 well is one component of the non-potable water system that was constructed by Tri-Pointe Homes in accordance with the requirement of the Settlement Agreement. The well is located on Westward Ave. at the eastern City boundary, and downstream of the wastewater treatment plant. The State of California Division of Drinking Water determined that this well location would not be suitable as a potable water well, but met the requirements for non-potable water use. As such, Tri-Pointe Homes equipped the well and improved the well site. The well is now operational and capable of delivering nonpotable water once the remaining improvements of the system, which are currently in construction, are complete.

JUSTIFICATION:

Staff has verified through inspections that the required public improvements were completed per City standards and specifications and recommends that City Council accept the improvements as complete and authorize the 90% bond exoneration for the following bonds:

BOND NUMBER IMPROVEMENT
CMS331845 NP-1 Well Site Mechanical, Electrical, Plumping CMS331837 NP-1 Well Site Civil Improvements
The remaining 10% of the bond amounts will remain for a period of 12 months (maintenance period) at 34 which point the 10% balance will be released and the improvements will become City owned and maintained improvements.

FISCAL IMPACT:

The City of Banning will take over operations and maintenance of the Well NP-1 facility within the Water Department enterprise fund.

ALTERNATIVES:

Do not accept staff's recommendation and provide staff with alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Att 1 - NP-1 Well Site Exhibit.pdf
35 NP-1 WELL SITE EXHIBIT
SCOTT STREET NP-1 WELL WESTWARD AVENUE CHARLES STREET SCE EASEMENT 36 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Accepting an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-6 and 37388-7 of the Atwell Project
RECOMMENDATION:

Accept an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-6 and 37388- 7 of the Atwell Project.

BACKGROUND:

On May 28th, 2024, the City Council adopted Resolution 2024-77 authorizing the recordation of Final Maps 37388-4, 37388-5, and 37388-6. On December 10th, 2024, the City Council adopted Resolution 2024-190 authorizing the recordation of Final Maps 37388-7, 37388-8, and 37388.

Within Final Map 37388-6, Lot G was created for Park, Recreation, Landscape and Maintenance Purposes. Tri-Pointe Homes as since completed grading and drainage plans for this park site was completed, including a location where onsite drainage is collected and conveyed to the public storm drain system within the public roadway.

Within Final Map 37388-7, Lot I was created for Park, Vehicle Parking, Landscape, and Maintenance Purposes. Tri-Pointe Homes as since completed grading and drainage plans for this park site was completed, including a location where onsite drainage is collected and conveyed to the public storm drain system within the public roadway.

JUSTIFICATION:

It is necessary to obtain the easements for the ongoing maintenance of the storm drain connector pipe between the park sites and the public right of way. It is standard practice to disallow private entities from maintaining private drainage within the public right of way, and this action is consistent with this practice.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not accept the easement and provide alternative direction.

BUDGETED?:

No
37 CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Storm Drain Easement CofA, Grand Deed, Legal Description, Plat.pdf 38 When Recorded Mail To:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION SPACE FOR RECORDER’S USE
6103 OF THE GOVERNMENT CODE.

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – PUBLIC STORM DRAIN PURPOSES from TriPointe Homes IE-SD, Inc. dated 4/17/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 27th day of May, 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated:______________

CITY OF BANNING
By_________________________
Caroline Patton
Administrative City Clerk
39 40
41 42
43 44
45 46

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Marisol Lopez,
Robert Fisher, Acting City Manager
MEETING DATE: May 27, 2025
SUBJECT: Approval of Temporary Right of Entry Agreement with Southern California Gas Company (SoCalGas) for Pipeline Replacement Project at APN 532-130-012
RECOMMENDATION:

Authorize the City Manager to execute a Temporary Right of Entry Agreement (TRE) with Southern California Gas Company (SoCal Gas) for the replacement of approximately 400 feet of Line 2000 pipeline on City-owned property identified as APN 532-130-012, located in Banning.

BACKGROUND:

Southern California Gas Company (SoCalGas) operates and maintains an existing pipeline and related facilities known as Line 2000, which is located on property owned by the City of Banning. SoCalGas holds the right-of-way easement recorded in Book 873, Page 234, on October 24, 1947, at the County Recorder’s Office of Riverside County.

To ensure continued service reliability for customers, SoCalGas proposes to replace approximately 400 feet of this pipeline. As part of this project, SoCalGas requires a temporary right of entry agreement for the City-owned property identified as APN 532-130-012.

Project Manager Brook Sandoval generated the encroachment permit and notified the FAA (attached in staff report as an attachment). Please note that P.W. Permit No. EP25-0035 for the Encroachment/Excavation Permit application was submitted on March 24, 2025 and has been approved by City of Banning Public Works Department.

JUSTIFICATION:

SoCalGas is requesting 50,762 square feet of temporary workspace/laydown yard, as described in the enclosed Temporary Right of Entry Agreement (TRE) and depicted in the enclosed Exhibit A related to the property identified as APN 532-130-012.

The proposed TRE is for a period of three months, during which SoCalGas will utilize the specified area for the pipeline replacement project. In consideration for the temporary use of the property, SoCalGas is offering compensation of Nine Thousand Dollars ($9,000.00), payable upon receipt of the executed agreement. SoCalGas (including its subcontractors) shall have access to and use of the Temporary Workspace for approximately Three months, tentatively arranged to start on or about September 22, 47 2025, to on or about November 22, 2025 (“Basic Term”).

Upon review and acceptance by the City Council, the City Manager will be authorized to execute the TRE, and payment will be processed for the agreed amount once the TRE is executed.

FISCAL IMPACT:

The City will receive a one-time payment of Nine Thousand Dollars ($9,000.00) upon execution of the Temporary Right of Entry Agreement. These funds will be deposited into the City’s General Fund.

SoCalGas may postpone the start date of the Basic Term, in which case SoCalGas will notify the Owner in advance. In the unlikely event SoCalGas needs extra time on the Temporary Workspace, Owner agrees that SoCalGas may have additional monthly periods for the sum of $3,000.00 per month (or portion thereof), not to exceed six months.

ALTERNATIVES:

Request modifications to the terms of the Temporary Right of Entry Agreement.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. TRE Offer Letter & TEMPORARY RIGHT OF ENTRY AGREEMENT Package - LN 2000 CLC MP 139.36-139.44 City of Banning A.E.Rev.3-27-25.pdf

2. FAA_NRA_Notification (1).pdf

3. Updated Site Map of project - LN 2000 CLC MP 139 J.C. Rev. 2.png 48 Alana Edwards
Sr. Land Specialist
Land & Right-of-Way
8101 Rosemead Blvd. SC722K
Pico Rivera, CA 90660
Ph: (213) 671-2089
[email protected]
March 27, 2025
VIA Electronic Mail
Marisol Lopez
Economic Development Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Southern California Gas Company’s Line 2000 CLC MP 139.36-139.44 Replacement Project - Offer Letter: Temporary Right of Entry Agreement (TRE) Location: APN: 532-130-012
Dear Ms. Lopez,
Southern California Gas Company (SoCalGas®) operates and maintains an existing pipeline and related facilities known as Line 2000, which is located on property owned by the City of Banning. SoCalGas holds the right-of-way easement recorded in Book 873, Page 234, on October 24, 1947, at the County Recorder’s Office of Riverside County. We are proposing to replace approximately 400 feet of this pipeline to ensure continued service reliability for our customers. As part of this project, SoCalGas requires a temporary right of entry agreement for your property, identified as APN: 532-130-012, located in Riverside County.

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

After review and acceptance by the City of Banning’s Council Board, please execute the enclosed TRE and return the original signed document. Payment will be processed for the amount once the TRE is executed.
®
49

If you have any questions regarding this offer or the project, please feel free to contact me at 562 388-3220 or via email at [email protected].

Sincerely,
Let me know if you need any further changes!
Alana Edwards
Southern California Gas
Enclosures:

Temporary Right of Entry Agreement w/Exhibit A
50 TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009 Page 1 of 3

TEMPORARY RIGHT OF ENTRY AGREEMENT

FOR SOUTHERN CALIFORNIA GAS COMPANY
This Temporary Right of Entry Agreement (“Agreement”) is dated as of this ___ day of _____2025 and is made by and between Southern California Gas Company (“SoCalGas”), a California corporation, and the City of Banning, a California Corporation, (“Owner”), the legal owner of the property identified herein.

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

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

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

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

Payment and Time Period-After SoCalGas has received the Owner’s executed Agreement, and the completed IRS W-9 form and CA Form 590 or CA Form 587, SoCalGas shall pay Owner a total of $9,000.00 for the Basic Term of the Agreement, which payment shall be sent by SoCalGas’ accounting department. SoCalGas (including its subcontractors) shall have access to and use of the Temporary Workspace for approximately Three months, tentatively arranged to start on or about September 22, 2025, to on or about November 22, 2025 (“Basic Term”). SoCalGas may postpone the start date of the Basic Term, in which case SoCalGas will notify the Owner in advance. In the unlikely event SoCalGas needs extra time on the Temporary Workspace, Owner agrees that SoCalGas may have additional monthly periods for the sum of $3,000.00 per month (or portion thereof), not to exceed six months.
51 TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009 Page 2 of 3 Restoration-At the completion of the Work, SoCalGas (including through its subcontractors) will restore the Temporary Workspace to as near to its original condition and appearance as is reasonably possible.

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

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

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

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

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

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

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

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

Electronic Signatures-Each of the parties (i) has agreed to permit the use of electronic signatures in order to expedite the execution of this Agreement, (ii) intends to be bound by its respective electronic signatures, (iii) is aware that the other will rely on such electronically transmitted signature, and (iv) acknowledges such reliance and waives any defenses to the enforcement of this Agreement based on the fact that a signature was sent by electronic transmission only. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- SIGNATURES ON NEXT PAGE] 52 TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009 Page 3 of 3 The parties have read this Agreement, understand it, and agree to be bound by its terms as of the date first set forth above.

Southern California Gas Company
_______________________________
Artemis G. Manos
Land and Right of Way Supervisor
For Southern California Gas Company
8101 Rosemead Blvd., SC722K
Pico Rivera, California 90660-5100
City of Banning
____________________________
Robert Fisher
Acting City Manager
53 16.5' SOCALGAS EASEMENT
R/W# 8283
515 '±
67 '±
140 '±
124 '±
110 '±
192 '±
15 '±

16.5'

PLSS INFORMATION
TOWNSHIP: 003
RANGE: 001
SECTION: 011

CITY OF

BANNING
APN: 532-130-012

CITY OF BANNING
§¨¦I 10

BARBOUR ST

HATHAWAY ST
LEGEND

BAKER TANK

WORKSPACE (OUTSIDE EASEMENT)

WORKSPACE (INSIDE EASEMENT)

LAYDOWN YARD

ACCESS ROAD

ACCESS ROAD (REQUIRING VEGETATION CLEARANCE)
EASEMENT 16.5'

PARCEL LINE

SECTION LINE / PLSS LIMITS

WORK DESCRIPTION APN AREA (SQ FT) AREA (ACRES)
ACCESS ROAD 532-130-012 38,689 0.888
ACCESS ROAD (REQUIRING VEGETATION CLEARANCE) 532-130-012 6,397 0.147 BAKER TANK 532-130-012 500 0.011
LAYDOWN YARD 532-130-012 18,431 0.423
WORKSPACE (INSIDE EASEMENT) 532-130-012 8,498 0.195
WORKSPACE (OUTSIDE EASEMENT) 532-130-012 25,934 0.595
S:\8788\8788-EX-201.aprx

BY DATE
DESIGNED:

DRAWN:

CHECKED:

APPROVED:

CLASS: DIST: SCALE:

REV DATE BY CHK APV DESCRIPTION

DRAWING NUMBER REV
8788-EX-203 A
A 03/11/25 SJM JRM BLS ISSUED FOR INFORMATION R. MATTHEWS S. MOLDENHAUER
R. MATTHEWS
03/11/25
03/11/25
03/11/25
1"=150'
Service Layer Credits: Maxar
150 75 0 150
Feet
I!
B. SANDOVAL 03/11/25
APN: 532-130-012
OWNER: CITY OF BANNING
L2000 CLC MP 139.36-139.44 REPLACEMENT EXHIBIT A 54
Federal Aviation Administration
March 06, 2025
TO:

Ileana Figueroa
Attn: Ileana Figueroa
1981 W. Lugonia Ave
Redlands, CA 92374
[email protected]
CC:

SPEC Services
Attn: Brooke Sandoval
10542 Talbert Ave
Suite 100
Fountain Valley, CA 92708
[email protected]

RE: (See attached Table 1 for referenced case(s))
**THIS IS NOT A FINAL DETERMINATION LETTER**
The Federal Aviation Administration has received your notice concerning:

Table 1 - Letter Referenced Case(s)
ASN Prior ASN Location Latitude
(NAD83)
Longitude
(NAD83)
AGL
(Feet)
AMSL
(Feet)
2025-
AWP-1322-NRA
BANNING,CA 33-55-18.66N 116-51-13.28W 24 2202
2025-
AWP-1323-NRA
BANNING,CA 33-55-17.99N 116-51-13.30W 24 2201
2025-
AWP-1324-NRA
BANNING,CA 33-55-18.63N 116-51-07.12W 24 2184
2025-
AWP-1325-NRA
BANNING,CA 33-55-17.96N 116-51-07.12W 24 2183
Description: Replace a portion of 30-in L-2000 that is out of compliance (class 1 location became class 3 location), by replacing a 414.78-ft, via open-trench excavation. The tallest construction equipment is 24-ft high.

The pipeline replacement shall take south of the runway on unpaved soil, with adjacent workspace. Each of the 4 cases under the project each represent one of the 4 corners of the workspace at the project site.

NOTE: If the coordinates of your notice were submitted in NAD 27 datum, they have been converted to NAD 83 datum as shown above. NAD 83 datum will be referenced on all future correspondence and will be used for the purpose of this study.

Your notice has been assigned Aeronautical Study Number and we are in the process of conducting an aeronautical study to determine the effect on air navigation. A determination or response will be forthcoming.

Please inform involved consultants of this correspondence.

Your project is in circulation for analysis. If you do not receive a final determination letter after 45 business days, please contact Mr. Lloyd Lewis, Regional Lead Airspace Specialist at (424) 405-7316, or [email protected].
55

If you have any questions concerning this determination contact Vincent K. Nguyen (424) 405-7286 [email protected]. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2025-AWP-1322-NRA.

Vincent K. Nguyen
ADO
Signature Control No: 649458549-649570939
56

Verified Map for ASN 2025-AWP-1322-NRA
57 58

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-66, Consolidated Approval of Software-as-a-Service Projects Utilized Citywide
RECOMMENDATION:

Adopt Resolution 2025-66.

BACKGROUND:

The City of Banning utilizes software to conduct operations, maintain records, reporting, compliance, transparency, implementation and comply with Federal, State and Local requirements and regulations.

The software programs assist in many facets of the City from Utility billing and financial reporting to project management to Parks & Recreation events. The use of these software programs streamlines productivity, provides open communication and transparency of information to name a few benefits.

Recent changes in the Government Accounting Standards Board (GASB) requires reporting on software agreements that include Subscription-Based Information Technology Arrangements (SBITAs). This new standard, GASB 96, establishes uniform accounting and financial reporting requirements for SBITAS for the purpose of improves the comparability of government's financial statements, and enhancing the understandability, reliability, relevance, and consistency of information.

Additionally, the future implementation of the new financial ERP software will track these agreements and assist in the reporting of GASB 96 as well as management of these SaaS agreements.

As part of these endeavors, Staff have created a list of software (Exhibit "A") and would like to streamline the approval of the SaaS agreements and increase transparency. The software total is $2,064,272.74 which includes software previously approved by City Council in the amount of $880,520.33 for various multi-year SaaS agreements and a five percent escalator of $56,369.16.

JUSTIFICATION:

The varied software applications and platforms are necessary tools utilized by Staff for continued operations across all departments. The software provides informational data and reporting enabling Staff and Council to manage the City of Banning. By submitting the annual listing of the software, this will streamline the timely presentation for approval to the City Council in one cohesive effort.

FISCAL IMPACT:

Staff budgets for the software for their prospective department which is approved annually by City Council. Any software purchases not within budget would be presented to City Council for approval. 59 ALTERNATIVES:

Do not adopt the resolution and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-66, SAAS Agreements Listing.docx

2. FY26 Software Listing
60 Resolution 2025-66

RESOLUTION 2025-66

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

APPROVING CITYWIDE SOFTWARE-AS-A-SERVICE (SAAS) AGREEMENTS WHEREAS, the City of Banning uses multiple software as a service agreements (SAAS) in departments throughout the City; and
WHEREAS, the SAAS are utilized necessary to the continued operations of the City; and WHEREAS, the City Council has approved the use of certain SAAS agreements throughout the past year(s) and Staff would like to present an annual comprehensive SAAS list for City Council approval and greater transparency.

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

SECTION 1. The City Council approves the use of City-Wide SAAS listed in Exhibit "A" for a total cost of $2,064,272.74 that includes a five percent escalator of $56,369.16 of which $880,520.33 was previously approved.

SECTION 2. The City Council authorizes the City Manager to make necessary non-substantive changes, and to execute said agreement(s).

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

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

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

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
61 Resolution 2025-66

APPROVED AS TO FORM:

John O. Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney LLP
62 Resolution 2025-66

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-66, 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
63 Resolution 2025-66

EXHIBIT A
Citywide Software-As-A-Service (SAAS) Agreements
64 65
66 67
68 69
70 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela. Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-67, Approving Amendment No.1 to the Landscape Operation and Maintenance Contract for Landscape Maintenance District No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2025/2026 in the Amount of $90,002 RECOMMENDATION:

Adopt Resolution 2025-67.

BACKGROUND:

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

LMD No. 1 currently consists of seventeen (17) accepted tracts in eleven (11) Zones: Tract Nos. 21882, 22810, 22811, 22913, 23446 (including the median on Highland Home Road), 23598, 28252, 29721, 30186, 30222 (including Richard Sanchez Park), 30793, 31833, 31834, 31835, 32109, 30906 and 32370. The purpose of LMD No. 1 is for the maintenance and servicing of landscape medians and parkways, perimeter strips and backup walls, landscaped hillsides with high visibility, side slopes adjacent to sidewalks, retention basins, and the irrigation of the above facilities all of which are part of residential development projects. LMD No. 1, by special benefit assessments, provides funding for the servicing and maintenance of designated landscape areas within the City of Banning.

A Request for Proposals (RFP No. 24-061) for the Operation and Maintenance of LMD No. 1 was prepared and released through the OpenGov program on April 5, 2024. On June 25, 2024, the City Council approved Resolution No. 2024-108, awarding the contract for the Operation and Maintenance of LMD No. 1 to Mariposa, shown as Attachment 3. The Scope of Work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services of LMD No.1.

This includes performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract.

As originally approved, the Contract Agreement was for a term of twelve (12) months ($6,517.61/month; $78,211.26/year) with the possibility of an option to renew for up to four (4) single additional years (for a 71 total of five (5) single years) upon a satisfactory yearly review of the previously provided services. The total “not to exceed” amount for the Contract was $93,211.26, which included $15,000 for miscellaneous expenses. A Consumer Price Index (CPI) increase is allowed to be applied to the current contract amount, taken from the Bureau of Labor Statistics, from January of 2024 to January of 2025. The CPI during this period was calculated as 2.94% and applied to the original fiscal year (FY) 2024/2025 Bid proposal, per the Contract.

If approved, Contract Amendment No. 1 is for a term of twelve (12) months ($5,416.84/month; $65,002.08/year) with the possibility of an option to renew for up to three (3) more single additional years (for a total of five (5) single years) upon a satisfactory yearly review of the previously provided services.

Extensions to the Contract Agreement will terminate no later than June 30, 2029 and Amendment No. 1, shown as Attachment 4, will extend the current Contract through June 30, 2026. The cost proposal for FY 2025/2026, included as Attachment 5, is for $5,416.84/month; $65,002.08/year. Irrigation repairs, materials, tree, shrub, ground cover and plant material replacements are paid for as an added cost, separate from this contract. Thus, an additional $25,000 is being added to the contract award.

For FY 2025/2026, Richard Sanchez Park was removed from the Scope of Work in Zone 1 as it will be maintained by the Parks Dept. and annual tree trimming within the retention basin in Zones 10/11 was added. The Bid Proposal for FY 2025/2026 lists the frequency of service and cost per Tract/Zone and is shown attached. The estimated expenses for FY 2025/2026 are $124,597 and the additional $25,000 for unforeseen miscellaneous expenses bring the total budget to $149,597. The revenues collected are $161,443.15, a surplus of approximately $11,846.15 for the overall District. It should be noted that each zone within the District has its own fund balance and budget separate from other zones.

Attachment 6 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4,5 and 9) do not have sufficient reserves to cover the projected expenses next year; therefore, a further reduction in maintenance services is imminent to reduce costs.

JUSTIFICATION:

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

FISCAL IMPACT:

Fund No. 111 (Landscape Maintenance Assessment District No.1) will be utilized to fund this contract for Fiscal Year 2025/2026 in the amount of “not to exceed” $90,002. Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $65,002.08 will fund the monthly operation and maintenance portion of the Contract Amendment and also be used to fund miscellaneous “as-needed” expenses related to irrigation repairs and landscaping replacement in the amount of up to $25,000. The completion of miscellaneous repairs and replanting will be dependent on funding available in each individual zone.

ALTERNATIVES:

Do not adopt Resolution 2025-67 and provide staff with alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-67, Mariposa LMD.docx

2. C01040 PSA - Amend No.1 LMD District Landscaping.docx 72 3. Att. 1 LMD No.1 Map of Zones 1 through 11.pdf

4. Att. 2 Reso. 2024-108, approving Contract, 6.25.24.pdf

5. Att. 3 Mariposa Bid Schedule for FY 25 26.pdf

6. Att. 4 Zone Funding.docx
73 Resolution 2025-67

RESOLUTION 2025-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE LANDSCAPE OPERATION AND MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 WITH MARIPOSA LANDSCAPES, INC. OF IRWINDALE, CALIFORNIA, FOR FISCAL YEAR 2025/2026 IN THE AMOUNT OF $90,002
WHEREAS, Landscape Maintenance District (LMD) No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another Tract, No. 22913, being annexed into the District in 1992; and WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005-36, ordering the annexation of an additional five tracts and three tentative tracts to the City’s LMD No. 1 (“Annexation No. 1”); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023-177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City’s LMD No. 1 (“Annexation No. 2”); and
WHEREAS, the Public Works Department does not have the required field staff needed to maintain the LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services; and
WHEREAS, a Request for Proposals (RFP No. 24-061 “Operation and Maintenance of LMD No. 1”) was prepared and advertised through OpenGov on April 5, 2024, notifying qualified firms of the opportunity to provide proposals, with the proposals due on May 9, 2024; and WHEREAS, on June 25, 2024, the City Council approved Resolution No. 2024-108, awarding the contract for the Operation and Maintenance of LMD No. 1 to Mariposa Landscapes, Inc. for Fiscal Year 2024/2025 with the option to renew for four (4) additional single years; and WHEREAS, the scope of work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services to LMD No. 1, including performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract; and WHEREAS, Mariposa has provided satisfactory work and the First Amendment to the Agreement will extend the term through Fiscal Year 2025/2026 for an additional one-year period with the option to renew for three (3) additional single years; and WHEREAS, Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $65,002.08 ($5,416.84/month) will fund the monthly operation and maintenance portion of the agreement and Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $25,000 will also be used to fund miscellaneous operations related to irrigation repairs and landscape replacement.
74 Resolution 2025-67

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

SECTION 1. The Banning City Council approves Resolution 2025-XXX, approving the First Amendment to the LMD No. 1 Operation and Maintenance Agreement with Mariposa Landscapes, Inc., extending the term through Fiscal Year 2025/2026 and increasing the compensation in the amount of “not to exceed” $90,002 for FY 2025/26 with the option to renew for an additional three single years, subject to a Consumer Price Index increase adjustment and satisfactory performance.

SECTION 2. The City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to the First Amendment, for the Operation and Maintenance of LMD No. 1 with Mariposa Landscapes, Inc. for Fiscal Year 2025/2026.

SECTION 3. The City Manager or his designee is authorized to make necessary non-substantive adjustments to the First Amendment and to execute the First Amendment with Mariposa Landscapes, Inc. for Fiscal Year 2025/2026.

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

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

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
75 Resolution 2025-67

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-67, 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
76 Resolution 2025-67

Exhibit A
Agreement with Mariposa Landscaping, Inc.
77 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01040) FOR LMD NO. 1 LANDSCAPE MAINTENANCE SERVICES

BY AND BETWEEN CITY OF BANNING AND MARIPOSA
LANDSCAPES, INC.

THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Mariposa Landscapes, Inc., a California Corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 25, 2024 for the purpose of providing LMD.1 Landscape Maintenance Services (“Agreement”) following Landscape Maintenance Services for LMD No.1 by bid RFP #23-061, as approved by City Council Resolution 2024-108.

B. City and Contractor now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Ninety Thousand Two Dollars and Eight Cents ($90,002.08) thereby increasing the Contract Sum, as set forth in Section

2.1 of the Agreement, to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34)

1.3 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.

1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 1, attached hereto and incorporated herein.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term 78 “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No.1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1 the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No. 1 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. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
79 The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
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.
80 ATTACHMENT NO. 1
FY 2025-2026 BID SHEET PROPOSAL
“Operation and Maintenance of Landscape Maintenance District No. 1” ZONE TRACT NO. SPECIFIC LOCATION FREQUENCY

UNIT COST
(PRICE/
MONTH)
1 22810, 22811,
22913
Oregon Trail, east side, per site
visit with staff
Shrubs and ground cover
quarterly.
$324.52
1 30186 Mountain Avenue, Wilson Street
and Oregon Trail west side, does
not include Retention Basin, per
Plans and site visit with staff
Shrubs and ground cover
quarterly.
$739.80
1 30222 Mountain Avenue, per Plans and
site visit
Shrubs and ground cover
quarterly.
$215.26
2 21882 Wilson Street and Highland
Home Road west side, per Site
Visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
2 23446 Wilson Street and Highland
Home Road east side, includes
median on Highland Home Road,
per Site Visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
3 29721 Wilson Street and Omar Street,
east side, per Site Visit with staff
and per Plans
Mowing frequencies:

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

Shrubs frequency:
quarterly.
$98.95
4 32109 Wilson Street and Alder Court,
west side, per Site Visit with staff
and per Plans
Shrubs and ground cover
quarterly.
$185.67
81 5 23598 Wilson Street, Sunrise Ave. and
includes Moonbeam Drive
frontage per site visit with staff
and per Plans
Mowing frequencies:

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

Shrubs frequency:
quarterly.
$449.65
6 28252 Hathaway Street, west side, per
Plans and site visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$299.27
6 28252 Retention Basin, per Plans and
site visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$243.04
7 30793 Wilson Street, Foothill Drive,
includes portion of Omar Street,
per Site Visit with staff and per
Plans
Shrub frequencies:

Biweekly May 1 through
Aug. 31, then monthly.
$181.21
8 31833 Charles Street, north side, per
Site Visit with staff and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
8 31834 Charles Street, south side, per
Site Visit with staff and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
9 31835 Charles Street, Hargrave Street
and Victory Avenue, (tract
perimeter) per Site Visit with
staff and per Plans
Shrubs and ground cover
quarterly.
$517.84
10 30906 Mountain Avenue, west side and
interior Oak Lane, per Site Visit
and per Plans
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
$400.86
82 frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
10/11 30906, 32370 Retention Basin, per Site Visit
and per Plans
Tree trimming annually. $191.47
11 32370 Mountain Avenue, west side,
North and South of Cedar Lane,
frontage along the tract, per Site
Visit and per Plans
Shrub frequencies:

Biweekly May 1 through
Aug. 31, then monthly.
$75.98
GRAND TOTAL:
(Cost/month) $5,416.84

Note:“Per plans” means the Tract has improvement plans on file.

Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price above for Zone 1. The frequency may be reduced in a Zone depending on the budget for that Zone during the term of the contract or Fiscal Year.

CPI OF 2.94% was applied to the original Bid Sheet cost submitted in the FY 24/25 proposal, per the Contract.

TOTAL ANNUAL COST FOR LMD NO. 1 FY 25/26: $65,002.08
83 TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
11 LMD No. 1 Zones
2025-2026
84 Landscape Maintenance Areas
LMD 1 Zone 1
Riverside Co. GIS, January, 2025

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

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

SUGAR PINE
C
O
IR
REG
ON T
RL

DAWN LN
BILB
E
RRY LN

PINE CIRWILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone1.mxd; Map Date 16 Apr 2025 0 500 1,000 1,500
Feet

CITY OF BANNING
85 Landscape Maintenance Areas
LMD1 Zone 2
Riverside Co. GIS, January, 2025

WILSON ST

HIGHLAND HO
ME R
D
KING
S

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

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

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

WINTERBERRY CT

CORNUCOPIA CT

CHRISTY DR
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
W
AY
CLAIR
CT

BEVERLY
D
R
GRAND
VIEW
AVE

LORI WAY

CO P PERLEAF LN
G

OLDEN S
K
Y
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 16 Apr 2025 0 400 800 1,200
Feet

CITY OF BANNING
86 L
andscapeMaintenanceAreas
LMD1Zone3
Riverside Co. GIS, January, 2025
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
U
TU
M
N
GOLD
C
AT
C
H
E
N
R
D
B
U
N
K
E
R
H
I
L
L
R
D

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C

T FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

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

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 16 Apr 2025 0250500750F
eet

CITYOFBANNING
87 Landscape Maintenance Areas
LMD1 Zone 4
Riverside Co. GIS, January, 2025

WILSON ST
SPRING
VIEW
DR
M
A
RLBO
R
O
W
AY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
LN

HIGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
NNA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

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

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHILL
DR
G

OLDEN S
KY
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
88 Landscape Maintenance Areas
LMD1 Zone 5
Riverside Co. GIS,January, 2025

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T
DAWN
LN

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

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

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
89 L
andscapeMaintenanceAreas
LMD1Zone6
Riverside Co. GIS, January, 2025
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
90 Landscape Maintenance Areas
LMD1 Zone 7
Riverside Co. GIS,January, 2025

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M

OUNTAIN AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
91 L
andscapeMaintenanceAreas
LMD1Zone8
Riverside Co. GIS, January, 2025
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
R
Y
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
R
Y
AV
E

DRIFTWOOD CIR

HARGRAVE ST

LISA LN
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
92 L
andscapeMaintenanceAreas
LMD1Zone9
Riverside Co. GIS, January, 2025
C
H
A
R
L
E
S
V
I
C
T
O
R
Y
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
93 L
andscapeMaintenanceAreas
LMD1Zone10
Riverside Co. GIS, January, 2025
R
E
D
B
L
U
F
F
L
N

DYSART DR

CYPRESS
ST

MOUNTAIN AVE
G
I
L
M
A
N
S
T

PEPPER LN

FOOTHILL DR
O
A
K
L
N
F
R
A
S
E
R
P
L
E
V
E
R
G
R
E
E
N
L
N

MAGNOLIA PL

MERIDIAN AVE

BILBERRY LN

PINE CIR

WILLOW PL

EUCALYPTUS DR
D
A
I
S
Y
L
N

SYCAMORE CT
WOODLN
G
C
T
C
H
E
S
T
N
U
T
L
N
C
E
D
A
R
L
N
LEGENDZo
ne10
TR30906
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone10.mxd; Map Date 16 Apr 2025 04008001,200Fe
et

CITYOFBANNING
94 L
andscapeMaintenanceAreas
LMD1Zone11
Riverside Co. GIS, January, 2025
PA
L
M
D
R
M
R
E
D
B
L
U
F
F
L
N

OUNTAIN AVE
GIL
MAN

ST TERRY LEE CIR

CYPRESS
ST

BILBERRY LN

FOOTHILL DR

WILLOW PL

PINE CIR
O
A
K
L
N

PEPPER LN
DYSART
DR
ELISA
DAWN
DR

SYCAMORE CT
C
H
E
S
T
N
U
T
L
N
C
E
D
A
R
L
N
LEGENDZo
ne11
TR32370
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 16 Apr 2025 04008001,200Fe
et

CITYOFBANNING
95 RESOLUTION 2024- 108

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

AWARDING AN OPERATION AND MAINTENANCE CONTRACT TO MARIPOSA LANDSCAPES, INC. OF IRWINDALE, CALIFORNIA, IN THE AMOUNT OF $ 93, 211. 26 FOR FISCAL YEAR 2024/ 2025 FOR THE OPERATION AND MAINTENANCE SERVICES OF LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, Landscape Maintenance District ( LMD) No. 1 in the City of Banning was established through the adoption of Resol_ ution 1990- 59 on August 14, 1990 ( 9 tracts), with another Tract, No. 22913, being annexed into the District in 1992; and WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005- 36, ordering the annexation of an additional five tracts and three tentative tracts to the City' s LMD No. 1 Annexation No. 1 "); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023- 177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City' s LMD No. 1 Annexation No. 2"); and
WHEREAS, the Public Works Department does not have the required field staff needed to maintain the LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services; and
WHEREAS, a Request for Proposals ( RFP No. 24-061 " Operation and Maintenance of LMD No. 1") was prepared and advertised through OpenGov on April 5, 2024, notifying qualified firms of the opportunity to provide proposals, with the proposals due on May 9, 2024; and WHEREAS, the scope of work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services to LMD No. 1, including performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that pre maintained under the contract; and WHEREAS, an evaluation committee consisting of three ( 3) Public Works Department staff members, evaluated the two ( 2) proposals that were received based on price, qualifications, experience and project understanding, approach ( implementation plan) and methodology and references; and
WHEREAS, Mariposa Landscapes, Inc. had the highest combined score from the three evaluators and is a reputable qualified firm that has successfully provided services to the City in the past and is the current contractor providing landscape services for city facilities and as a result, staff recommends the contract be awarded to Mariposa Landscapes, Inc.; and WHEREAS, Account No. 111- 4900- 432- 23. 29 ( Landscape Maintenance) in the amount of $ 93, 211. 26 ($ 6,517. 61/ month; $ 78, 211. 26/ year) will fund the monthly operation and maintenance portion of the Agreement and up to $ 15, 000. 00 will also be used to fund miscellaneous operations related to irrigation repairs and landscape replacement.

Resolution 2024- 108

96 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bann ing as follows :

SECTION 1. The Banning City Council hereby awards an operation and maintenance services contract for Landscape Maintenance District No . 1 to Mariposa Landscapes , Inc of Irwindale , California , in the amount of $$93 ,211 . 26 for FY 2024/ 25 with the option to renew for an additional four single years , subject to a Consumer Price Index increase adjustment and sat isfactory performance , and all other bids are hereby rejected.

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

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

ATTEST:

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

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

97 CERTIFICATION:

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

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

NOES:

ABSENT:

ABSTAIN:

Resolution 2024- 108

Caroline Patton , Admin· ative City Clerk
City of Banning , California
98 Exhibit A
Professional Services Agreement with Mariposa Landscapes, Inc.

Resolution 2024- 108

99 AGREEMENT FOR CONTRACT SERVICES ( COi 040) FOR LMD NO. 1

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

THIS AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this day: ________ , (" Effective Date") by and between the CITY OF BANNING, a California municipal corporation (" City") and Mariposa Landscapes, Inc., a California Corporation (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought by a Request for Proposal ( RFP # 23- 06 I) for the performance of the services for Landscape Maintenance Services for LMD No. I and as further defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal for the perfonnance of the services defined and described particularly in Article I 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 1of 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 tern1s and conditions of this Agreement, Contractor shall provide those services specified in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the " Services" hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional 1-
2344655v8
100
standards" shall mean those standards of practice recognized by one or more first- class films perfonning similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Contractor' s accepted proposal Contract Documents"), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A ( Scope of Services), Exhibit B Special Requirements), Exhibit C ( Schedule of Compensation), and Exhibit D ( Schedule of Perfonnance) also constitute a pait 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 inforn1ed 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 ofthis 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 waITants that Contractor: ( i) has thoroughly investigated and considered the Scope of Services to be perfonned, ( ii) has carefully considered how the Services should be perfonned, and ( iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor' s risk until written instructions are received from the Contract Officer ( defined in Section 1.12. A).

1.6 Prevention of Loss and Damages.

Contractor shall adopt reasonable methods during the Tem1 ( defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 2-
l l303-0008\ 2344655v8. doc
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documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City' s own negligence.

1.7 Further Responsibilities of Paiiies.

Both Paiiies 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 perfonn 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 ofup to ten percent ( 10%) of the Contract Sum, or $ 25,000, whichever is less; or in the Schedule of Perfom1ance ofup 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 perfonn the Services required by this Agreement. City shall make available to Contractor only physical facilities such as desks, filing cabinets, and conference space (" City Facilities"), as City deems, in its sole discretion, to be reasonably necessary for Contractor' s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 3-
11303- 0008\ 2344655v8. doc
102

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:

Title
LanyRudd VP of Sales and Marketing
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Contractor Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Contractor Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Contractor Representative. For purposes of this Agreement, the foregoing Contractor Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Contractor without the express written approval of City. It shall be Contractor' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contractor shall refer any decisions which must be made by City to the Contract Officer. 2) Contractor' s Personnel: Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement. 4-
l l303- 0008\ 2344655v8. doc
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Contractor shall notify City of all changes in Contractor' s staff and sub- contractors, if any, assigned to perfom1 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 perfom1ed by Contractor or under its superv1S1on. Contractor will detennine the means, methods, and details of performing the Services. Any additional personnel perfom1ing 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 perfmm in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty- five percent ( 25%) of the present ownership and/ or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 5-
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Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Contractor at the hourly rates set forth in the " Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Contractor be paid more than Ninety- Three Thousand Two Hundred Eleven Dollars and Twenty- Six Cents ($ 93, 211. 26) ( the " Contract Sum"). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City.

Coordination of the performance of the Services with City is a critical component of the Services.

If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Contractor shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the 6-
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Agreement. Contractor shall not invoice City for any duplicate Services performed by more than one person.

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor 7-
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Contractor' s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Tem1.

The Term of this Agreement shall be from the Effective Date through June 30, 2025 with optional four ( 4) one- year renewal periods, unless sooner tenninated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 ofthis 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 oflnsurance.

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 mmunum limit of 1,000, 000. 00 per occmTence for bodily injury, personal injmy 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 injmy and property damage. IfContractor does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non- owned auto endorsement to the Commercial General Liability policy.

C. Workers' Compensation Insurance as required by the State of California and Employer' s Liability Insurance with a minimum limit of $1,000, 000. 00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Contractor shall execute a declaration that it has no employees.

D. Professional Liability/ Errors and Omissions Insurance with minimum limits of $1,000, 000. 00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 8-
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edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non- Contributing.

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

4.5 Contractor' s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Contractor and Contractor' s employees, agents or sub- contractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

4.6 Deductibles and Self- Insured Retentions.

Any deductibles or self- insured retentions must be declared to and approved by City. At City' s option, Contractor shall either reduce or eliminate the deductibles or self- insured retentions with respect to City; or Contractor shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Contractor shall, within two ( 2) Business Days ( as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Contractor does not maintain the policies of insurance required under this Article in full force and effect during the tenn 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 tenninate 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 frorn, payments due to Contractor. 9-
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4.9 Evidence of Insurance.

Prior to the perfonuance of Services under this Agreement, Contractor shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City' s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with the City Clerk.

Contractor shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two ( 2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-. contractor Insurance Requirements.

Contractor shall require each of its sub- contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " lndemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages ( collectively " Liabilities"), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, sub- contractors, materialmen, Contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor' s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub- contractor or any other person or entity involved by, for, with or on behalf of Contractor in the perfom1ance of this Agreement.

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

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

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

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Contractor shall keep, and require sub- contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder ( the " Service Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 11-
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three ( 3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Contractor' s business, custody of the Service Records may be given to City, and access shall be provided by Contractor' s successor in interest (" Contractor' s Successor"). If custody of the Service Records is given to Contractor' s Successor, Contractor shall give written notice to City of the transfer of the Service Records to Contractor' s Successor. The notice shall include contact information address and telephone number) for Contractor' s Successor, and access shall be provided to City by Contractor' s Successor.

5.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of Services , to be perfom1ed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " Contractor Documents") prepared by Contractor, its employees, sub- contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Contractor Documents hereunder. Any use, reuse or assignment of such completed Contractor Documents for other projects and/ or use ofuncompleted 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 12-
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public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Contractor, its officers, employees, agents or sub- contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena. · C. If Contractor, or any officer, employee, agent or sub- contractor of Contractor, provides any infonnation or work product in violation of this Agreement, then City shall have the right to reimbursement and indenmity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor' s conduct.

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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

6.2 Disputes; Default.

A. In the event that City determines Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City may serve Contractor with written notice of the default. Contractor shall have ten ( I0) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 13-
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In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor whether or not arising out of this Agreement): ( i) any payment amount ofwhich 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 perfonn 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 satisfact01y to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other tenn, 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 14-
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Contractor. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty ( 30) days' written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to tem1inate 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 a11 Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non- tenninating 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 addttion 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. 15-
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION

7.1 Non- liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

Contractor and its officers, employees, associates and sub- contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor' s Services under this Agreement, including the Political Reform Act ( Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients; but Contractor and its officers, employees, associates and subcontractors shall not, without the Contract Officer' s prior written approval, perform services for another person or entity for whom Contractor is not currently performing services that would require Contractor or one of its officers, employees, associates or sub- contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the perfonnance 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 16-
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: ( a) on confinned 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:

Ifto City
With a courtesy copy to:

Ifto Contractor:
11303- 0008\ 2344655v8. doc
Attn: Nathan Smith
Deputy Director ofEngineering
City ofBanning
99 East Ramsey Street
Banning, California 92220
Email: nsmith@banningca. gov
Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: SYoung@rwglaw. com
Attn: Terry Noriega
President
Marisposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
Email: terry@mariposa- ca. com
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8.2 Interpretation.

The tenns 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 ofthis 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 ofthe 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 jmisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Mutual Cooperation.

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

B. Contractor' s Cooperation. In the event any claim or action is brought against City relating to Contractor' s perfonnance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 18-
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non- Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

Unless the context clearly requires otherwise, ( a) the words " shall," " will" and agrees" are mandatory and " may" is pennissive; ( 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 19-
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this Agreement on behalf of that Party, ( iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Administrative City Clerk
Date
Date

CONTRACTOR
NAME: Date
TITLE:

NAME: Date
TITLE:

Tax ID No.

Address:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR' S BUSINESS ENTITY.
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EXHIBIT " A"

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

II. As part of the Services, Contractor will prepare and deliver the following tangible work products and services to City:

Exhibit " A" -1
121
M A R 0 s A
L A N
April 29, 2024
Cover Letter
City of Banning
99 E. Ram sey Street
Banning, CA 92220
Attn: Barbara Manson
951) 922- 3121
D s C A
p E s N C
RE: Request for Propo sal, Operation and Maintenance of Landscape Maintenance District No. 1 Mariposa Landscapes, Inc. ha s continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equi pment with over 800 employees covering all Southern California and Arizona. With over 95 awards for project excel lence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients .

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

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

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

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

Company Name and Address
Mariposa Land sca pes, Inc.
6232 Santos Diaz St, Irwindale, CA 91702
Sincerely,
Tecry ~ oriega - Pe,~---
Contact Information
Eduardo Salmeron, Estimator
Email: estimating@mariposa- ca.com
Phone : (626) 960 -0196 Ext. 2711
IJ m 800 • 794 • 9458 • e.x 626 • 960 • 8477 • www.ma<iposa•ca.com 6232 SANTOS DIAZ ST ., IRW IN0ALE, CA 91702 • CA CONTRACTOR'S LICU592268 A, C-27, D-49 , C-61 , C-31 Our Cor eValu es - Saf~% iblfllft_lc-Q°2k • Qualit y • Integrity 122
EXHIBIT " A"
A. Statement of Understanding and Approach
Mariposa Landscapes, Inc. takes pride in delive ring high- quality service to our clients. We are dedicated to making sure the landscape we maintain in your city is mowed, pruned , watered, and trimmed to be kept away from the sidewalks . We will make sure that our crews are aware to clear debris where needed. Our service for this contract includes inspections of the sites, irrigation reporting, disease and pest control, weed control, trash control , irrigation monitoring, turf care, ground cover care, shrub care , tree care and general clean up .

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

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

During the meeting, the Account Manager communicates the work task quality requ irements and reinforces heightened awareness for critical requirements. Topics for the meeting include:

Project requirements per specifications.

Record keeping documents and availability of necessary forms .

Review methods, sequence of work tasks and timeline .

Preparatory Site Inspection
The Account Manager performs a quality inspection of the work area and :

Assesses the required work to be done per specifications .

Verifies field measurements.

Assures availability of required equipment and materials to complete the project.

Identifies potential problems and develops an action plan to resolve them .

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

O ur Co re Vnlu cs - SnfefLf • Tea mwork • Qunlih/ • l11t cor ity Extiibit " A" - 3 · <~

123
EXHIBIT "A"
Labor
Our proposal is calculated to provide full time employees to the project on a year round basis . It is our goal to provide professional results . Therefore , we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner . To achieve the desired results , the appropriate labor will be assigned for every aspect of the work.

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

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

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

Monthly Work Plans
The Mariposa Account Manager will submit Monthly Work Plans describing maintenance operations of all areas contained within this contract and when the work , including trimming, pruning and applications of chemicals/ fertilizers will be accomplished. Other work will include the removing and/ or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of right- of- ways, medians, retention areas and/ or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form . After the plan is approved Our Core Vn/11 cs - Snfet1/ • Teamwork • Qunlitt; • integrit y Extiibit "A" - 4 · ' ·

124
EXHIBIT "A"
at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports .

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

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

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

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

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

Our Core Vn lucs - Sa fet1/ • Tea mwork • Quality • Jntegrit1/ Extiibit "A" - 5 ·

125
EXHIBIT "A"
Work Quality Evaluation Form
ij
Mariposa Landscapes, Inc.

SITE INSPECTION EVALUATION FORM
Inspection Date : '-I ___ _, I Job : 1-----------------------, Mariposa Account Manager Job Number : 1-----------------------, Client Representative :

ML CR ML CR
A Color of turf acceptable
B Turf texture , no thin/ bare areas
C Free of trash/ debris
D Irrigation leaks visible
E Over or under watering
F Dry spots A Controllers working
B Controllers programmed properly
A Free of trash/ debris C Schedu les submitted/ updated B Free of weeds D Valves working properly
C Mulch evenly distributed E Valves leaking
D Irrigation leaks vis ible F Backflow( s) on
E Groundcover trimming G Backflow( s) Leaking
H Meter readings ( if in scope) up- to-date
A Health/ vigor I
B Trimmed per scheduled cycle
C Pruned correctly for spec ies A System ha s 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
Trees staked properly
A Annual flowers healthy
B Bed/ Pots free of trash/ debris
C No missing annual color plants
D Disease & insects controlled A Dog mess cleaned up
E Irrigation leaks vis ible B Dog stations replen ished F Over or under watering C Trash cans dumped & new liners 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 Only enter ratings for items th at are applicable to th is project ( blank = Not Applicab le at this time ) ML CR
OVERALL RATING : Per the above individual ratings , pleas provide an overall rating from 1 to 100 D Mar iposa Account Manager Signature/ Date ( ML) Client Repre se ntative Signature/ Date ( CL) Our Core Va lues - Snfet1/ • Team work • Qua litlf • Integrity Extiibit "A" - 6 ·

126
EXHIBIT "A"
Action Items Form
A~ Mariposa Landscapes, Inc.

ACCOUNT MANAGER INJ~;ECTION ACTION ITEMS
Today' s Date: I I Job Number:~----------~
Resolution
ACTION ITEMS Date

1. 2.

3. 4.

5. 6.
7 .

8. 9.

10. Mariposa Account Manager Signature/Date Client Representative Signature/Date O ur Co re Vnlu es - Sa fefl/ • Tea m wo r k • Q ualifL; • lnf eor itl/ Extiibit "A" - 7 · "~ ·

127
EXHIBIT " A"
Detailed project schedule
Mariposa will make sure the " Scope of Work " provided by the city is upheld throughout the duration of the contract.

We have put together notes on the tasks and frequencies of each of the tasks provided by the City of Banning . From the weekly mowing, shrub care, ground cover care, and irrigation checking to the annual shrub pruning and tree pruning we have made sure to take a look at the tasks closely to make sure everything is covered. We have allotted 1 Crew of 3 guys twice a week to maintain the landscape in the contract. After that we also have allotted time for tree pruning and shrub pruning within our final price .

Transition Plan
1 Contract Signing or
Notice to Proceed.

First day on starting
the work per
approved schedule.
2 3
30 Days after Job·
Start. Initial
evaluation and
adjustments.

Contract Executed or an Official Notice to Proceed
60 Day performance
evaluation with the
customer.
4 5
At90 days we
perform a customer
satisfaction survey.

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

Our Core Vnlues - Sa fef1/ • Tea mwork • Qunlity • /11tegrih; Exnibit " A" - 8 ·

128
EXHIBIT " A"
The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection .
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations . We perform a customer survey to assess the customer' s perception of the experience related to the proposal process, transition to operations and the actual performance on the job . Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it "Would you recommend Mariposa Landscapes to other customers right now?" Our goal is to receive an enthusiastic " Yes" to this question.

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

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

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

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

Proposer ' s Green In itiative and Environmental Sensitivity Mariposa Landscapes, Inc. uses every effort to implement " green" environment and energy conservation measures.

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

Mariposa currently uses hybrid vehicles and is researching and looking forward to obtaining hybrid equipment to be used on our contracts. We strive to be as environmentally conscientious as possible and are expanding our operations to achieve this goal.

Our Core Values - Sa fet1/ • Teamwork • Qualit1/ • J11tcariti1 Extiibit "A" - 9 -{\ ·

129
EXHIBIT " A"
We have been certified by the American Green Zone Alliance - Sustainab le Land Care Certification ( Electric Equipment). This puts us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial grade electric small equipment as well as mowers .

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

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

The key points of its strategy to achieve this are :

Minimize waste by evaluating operations and ensuring they are as efficient as possible .

Minimize toxic emissions through the selection and use of its fleet and equipment.

Actively promote recycling both internally and amongst its customers and suppliers.

Meet or exceed all the environmental legislation that relates to the Company.

Adhere to all local codes and ordinan. ces regarding water conservation .

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

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

Main Office/ Mailing Address : 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: ( 626) 960- 0196
Fax Number : ( 626) 960- 8477
Proposal Contact Email Address: estimating@mariposa - ca. com Proposal contact: Eduardo Salmeron
President : Terry Noriega
California Corporation: C1469653
California Employer ID: 368- 4753- 1
Date Incorporated : January 26 th , 1981
Organization Type : Mariposa Landscapes Inc. is a corporation .

Our Core Vnlues - Safc tv. • Teamwork • Qunlity • lnteoriti; Ex hibit " A" - 1a (~ · Page 11
130
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Contractor will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/ or teleconferences.
b. Email updates/ questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is· subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Contractor without additional charge to City until found satisfactory and accepted by City.

Exhibit " A"-11
131
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 tenns, rules and regulations described in l(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 ofregistration 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 perfom1 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 177 5 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 ofLabor 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.

Exhibit " B"- 1
132

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 perfonnance 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 orto undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfonnance of the work of this contract."
Date ______ Signature ___________ _
Exhibit " B"- 2
133

12. For every subcontractor who will perfom1 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 stah1tory 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.

Exhibit " B"- 3
134
EXHIBIT " C"

SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks (" Tasks") at the following rates as attached as Exhibit C-1 :

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub- budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub- contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

Exhibit " C" -1
11303- 0008\2344655v8. doc
135
EXHIBIT " C-1"
ZONE1
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
TRACT NO. SPE CIFIC LOCATION May I June I July August I September I October November I December I January February I March I April Annual Cost Monthly Average 22810 Oregon Trail , east side, per site visit with staff $ 1,178. 98 $ 1,178. 98 $ 98.25 22811 Oregon Trail, east side , per site visit with staff $ 1,425 .15 $ 1,425. 15 $ 118. 76 22913 Oregon Trail, east side, per sitevisit with staff $ 1,178 .98 $ 1,178. 98 $ 98.25 Mountain Avenue, Wilson Street and Oregon Trail
30 186 west side, does not includ e Retention Basin , per $ 4,312. 01 $ 4,312.01 $ 8,624. 03 $ 718.67 Plans and site visit with staff.
30222 Mountain Aven ue, per Pla ns and site vis it $ 627. 36 $ 627. 36 $ 627. 36 $ 627. 36 $ 2.509. 43 $ 209.12 Mowing Frequencies
Weekly May 1 · Aug. 31 Biweekly Sept. 1- Oct. 31 Mo nthly Nov . 1- March 31 Biweekly In April TRACT NO. SPEC IFI C LOCATI0:- 1 May I June I July I August September I October November I December I January I February I March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail , per Plans and site

1.215.491 $ 1,215.491 $ 1,215.49 1 $ 1,215. 49
visit . $
1,215 .491 $ 607. 74 $ 607. 74 1 s 607 .741 $ 607 .74 1 $ 607 .74 1 $ 607 .74 $ 607. 74 $ 10,331. 66 $ 860. 97 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1- April 30
May I June I July I August September I October November I December I January I February I March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail. per Plans and site
3,483. 01 I

I I I I
I $ 3,483. 01 I
visi t I
6,966. 02 S 580. 50
OTE: IRetention Basins In Zone 1 will include trash pickup and weed abatement twice per year in pric e.

ZONE 2 --
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1- Oct. 31 Monthly Nov. 1 · March 31. Biweekly In April TRACT NO. SPE CIFI C LO CA TIO N May June July August September October November December January February March April Annual Cost Monthly Average 2 1882
Wilson Street and Highland Home Road west side ,
310.04 $ 310. 04 $
per Site Visit with staff
310. 04 s 310.04 $ 155 .02 $ 155. 02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155. 02 $ 2 ,092. 79 $ 174. 40 Wilson Street and Highland Home Road east side,
23446 includes median on Highland Home Road , per Site $ 310. 04 $ 310 .04 $ 310. 04 s 310. 04 $ 155. 02 $ 155. 02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155. 02 $ 2,092. 79 $ 174 .40 Visit with staff
Shrub Frequencies
Biweekly May 1- Aug. 31 Monthly Sept 1 -April 30
TRACT NO . SPEC IFI C LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 2 I882
Wilson Street and Highland Home Road west side,
per Site Visit with staff
665. 25 $ 665. 25 $ 665. 25 s 665. 25 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 s 332. 62 $ 332. 62 $ 5,321. 96 $ 443. 50 Wilson Street and Highland Home Road east side,
23446 includes median on Highland Home Road, per Site $ 665. 25 $ 665. 25 $ 665. 25 s 665. 25 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 s 332. 62 $ 332. 62 $ 5,321. 96 $ 443. 50 Visit with staff
ZONE3
Mowing Frequencies
Exhibit " C -1: - 1
136
TRACT NO .
29721
TRACT NO.

I
29721

SPE CIFI C LOCATIO N
Wilson Street and Om ar Street, east side, per Site
Visi t wi th staff and p_er Plans

SPE CIFI C LO CATION
I Wi lson Street and Omar Street. east side, per Si te
Visi t with staff and per Pla ns
I TRACT NO. I SPE C IFI C LOCATIO N
I
32109
I Wilson Street and Alder Court, west side, per Site
Visit with staff and per Pla ns
TRA CT NO. SPE CIFI C LOCAT ION
23598
Wilson Street, Sunrise Ave. and includes Moonbeam
Drive frontage per si te visit wit h st aff and per Plans TRA CT NO. SPE CIFIC LOCATIO:\'
23598
Wilson Street, Sunrise Ave. and includes Moon beam
Dri ve front age per site visit with staff and per Plans TRACT NO. SPE CIFI C LOCATION
28252
Hathaway Street, west side, per Plans and si te visit
with sta ff
28252 Retention Basin, per Pla ns and site visit with staff TRACT NO. SPECIFI C LOCATION
2825 2
Hathaway Street , west side, per Pla ns and site visit
with staff
28252 Retention Basin, pe r Pla ns and site visit w ith staff Biweekly May 1- Aug. 31
May June July

51.40 I $ 51. 40 I $ 51.40 I s
Quarterly
May I June I Ju ly

61.86 1 $ 61.861 $ 61.86 $
Quarterly
May I June I July
360 .731 $ 360. 731 $ 360 .73 $
Biwe ekly May 1 -Aug. 31
May Ju ne July

38.35 $ 38.35 $ 38.35 $
Quarterly
May June July
822. 51 $ 822.51 $ 822. 51 $
Weekly May 1- Aug. 31
May June July
252.47 $ 252. 47 $ 252. 47 s
252 .47 $ 252.47 $ 252. 47 $
Biweekly May 1- Aug. 31
May Ju ne July
223. 07 $ 223. 07 $ 223. 07 s
141.14 $ 141.14 $ 141. 14 $
EXHIBIT " C-1"
Monthly Sept . 1- April 30.

AU_ll_USt Septe mb er I Oc tober I November I December I Janu ary Feb ruary_ Marc h Ap_ril Annual Cost I Monthly Average

51.40 I $ 25.70 I $ 25.70 I $ 25.70 1 $ 25.70 I $ 25.70 I $ 25.70 I $ 25.70 1 $ 25.70 1 $ 411.161 $ 34.26 Shrub Frequencies
Quarterly Quarterly Quarterly
Au gust I September I October November I December I January February I Marc h I Apr il Annual Cost I Monthly Average I

61.861 $ 61.861 $ 61.86 $ 61.86 1 s 61.861 $ 61.86 $ 61. 86 1 $ 61 .86 1 $ 61.86 $ 742. 28 1 $ 61.861 ZONE4
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly
August I September I October Novem ber I December I January February I Marc h I Apr il Annual Cost I Monthly Average I I $ - I $ $ 360.73 Is 360.73 I $ 360. 73 $ - I $ - I $ $ 2,164.38 1 $ 180 .371 ZONES
Mowing Frequen cies
Monthly Sept. 1 - Ap ril 30
August September October November December January Feb ruary Marc h Apr il Annual Cost Monthly Average 38 .35 $ 19.17 $ 19.17 $ 19.17 $ 19. 17 $ 19.17 $ 19 .17 $ 19. 17 $ 19.17 $ 306. 76 $ 25.56 Shrub Frequenc ies
Quarterly Quarterly Quarterly
Augu st Septe mb er October Nove mbe r December January Feb ruary Marc h Apr il Annual Cost Monthly Average 822.51 s 822. 51 $ 822 .51 $ $ $ $ 4,935. 05 $ 411.25
ZONES
Mowing Frequenci es
Biweekly Sept. 1 -Oct . 31 Monthly Nov. 1- March 31 Biweekly In April August Septe mber Oc tober November December January February Marc h Apri l Annual Cost Monthly Average 252.47 $ 126.23 $ 126. 23 $ 63.12 s 63. 12 $ 63.12 $ 63. 12 $ 63. 12 $ 126. 23 $ 1,704. 16 $ 142.01 252. 47 $ 126.23 $ 126.23 $ 63. 12 S 63. 12 $ 63. 12 $ 63.12 $ 63. 12 $ 126.23 $ 1,704. 16 $ 142.01 Shrub Frequencies
Monthly Sept 1 -April 30
August September October Nove mb er December Janu ary February March Apr il Annual Cost Monthly Ave rage 223.07 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 1,784. 54 $ 148.71 141. 14 $ 70.57 $ 70.57 $ 70. 57 $ 70.57 $ 70. 57 $ 70.57 $ 70 .57 $ 70.57 $ 1,129. 09 $ 94.09 Exhibit " C-1: - 2
137
EXHIBIT " C-1 "
ZONE7
Shrub Frequencies
Biweekly May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPE CIFI C LOCATION May June July August Septe mber October Novem ber December January February March April Annual Cost Monthly Average 30793
Wilson Street, Footh ill Drive, includes portion of
264. 05 $ 264. 05 $ 264. 05 s 264. 05 $ 132. 02 $ 132. 02 $ Omar Street, per Site Visit with staff and per Plans
132. 02 $ 132. 02 $ 132. 02 $ 132.02 $ 132 .02 $ 132. 02 $ 2,112.36 $ 176. 03 ZONES
Mowing Frequencies
Biweekly during May 1- Aug . 31 Monthly Sept. 1- April 30 TRA CT NO . SPE CIFIC LO CATION May Ju ne July August September October November Dece mber January February March Apri l Annual Cost Monthly Average 3 1833
Charles Street , north side, per Site Visit with staff
and per Plans $
161. 15 $ 161. 15 $ 161. 15 s 161. 15 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 1,289. 17 $ 107. 43 3 1834
Charles Street , south side, per SiteVisit with staff
161. 15 $ 161. 15 $ 161. 15 s 161. 15 $ 80. 57 $
and per Plans

80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 1,289. 17 $ 107. 43 ZONES
Shrub & Ground Cover Frequencies
Quarterly Quart erly Quarterly Quarterly
TRAC T NO. SPE CIFI C LO CATIO N May I
June I
July August ISeptember I Oc tob er November I December I January February I March I April Annual Cost Monthly Avera ge
Charles Street. Hargrave Street and Victory Avenue.
3 I835 ( tract perimeter) per Site Vi sit with slaff and per $ 3,018. 32 $ 3,018. 32 $ 6 ,036. 63 $ 503 .05 Plan s
ZONE 10& 11
Mowing Frequencies
Weekly May 1- Aug. 31 Biweekly Se pt . 1- Oct. 31 Monthly Nov. 1- March 31 Biweekly InApril I TRACT NO . I SPEC IFIC LOCATION May I
June IJuly IAugust Septe mber October November I December I January I February I March Apri l Annual Cost I Monthly Average I I
30906
I Mountain Avenue , west side and interior Oak Lane,
341. 84 1 $ 341. 841 $ 341. 84 1 s 341. 84 $ 170. 92 $ 170. 92 $ 170. 92 $ 2.307. 41 I $ 192. 28 per Site Visit and per Plans $ 85. 46 s 85. 46 s 85. 46 $ 85. 46 $ 85. 46 I Shrub Frequencies
Biw eekl y May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPECIFI C LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906
Mountain Avenue , west side and interior Oak Lane,
295. 69 $ 295. 69 $
per Site Visit and per Plans
295. 69 s 295. 69 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147 .85 $ 147. 85 $ 2,365. 53 $ 197. 13 Shrub Frequencies
Biwe ekly May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPE CIFI C LOCATIO N May June July August September October N ovember December January February March April Annual Cost Monthly Average Mountain Avenue, west side, North and South of
32370 Cedar Lane , frontage along the tract, per Site Visit $ 110. 71 $ 110. 71 $ 110. 71 s 110. 71 $ 55.35 $ 55.35 $ 55.35 $ 55. 35 $ 55. 35 $ 55. 35 $ 55. 35 $ 55. 35 $ 885. 66 $ 73.81 and per Plans
Tree Trimming Annually I
I TRACT NO. I SPE CIFI C LOCATIO N May June I July I August ISeptember I October I November I December I January I February I March j Apri l J Annual Cost I Monthly Average I I 30906, 32310 I Retention Basin , per Site Visit and per Plans SO.DO I so. oo I so QQ______J Exhibit "C-1 : - 3
138
EXHIBIT " C-1"
SPECIFIC LOCATION May
NOTE: The frequency may be reduced In any Zone( s) depending on the budgetforthat Zone during the term of the contract or Fiscal Year.

Exhibit " C-1 : - 4
139
EXHIBIT "D"

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

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.

Exhibit " D" - I
11303- 0008\ 2344655v8. doc
140
141
142
04-18-2025
143
Resolution No. 2025-XX
ATTACHMENT 6

PROJECTED ZONE RESERVE BALANCES
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 25/26
Reserve
Balance
Available
$16,800.94 $36,779.15 $3,164.30 $4,867.49 $9,645.35 $29,614.90 $19,537.06 $10,964.03 $7,858.40 $35,021.88 $12,545.33 25/26
Total
Costs
$25,328.37 $28,724.67 $2,825.45 $5,281.01 $10,749.77 $9,024.72 $3,948.80 $6,139.89 $11,826.17 $16,296.39 $4,451.84 25/26
Total
Revenue
$34,739.10 $30,820.32 $2,379.51 $4,305.78 $9,594.27 $18,728.50 $11,504.65 $9,364.25 $8,829.15 $23,276.85 $7,900.77 25/26
Rev. –
Expenses
(Costs)
$9,410.73 $2,095.65 ($445.94) ($975.23) ($1,555.50) $9,703.78 $7,555.85 $3,224.36 ($2,997.02) $6,980.46 $3,448.93 26/27
Reserve
Balance
$26,211.67 $38,874.80 $2,718.36 $3,892.26 $8,489.85 $39,318.68 $27,092.91 $14,188.39 $4,861.38 $42,002.34 $15,994.26 144

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-68, Authorizing Staff to Execute an Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land with TriPointe Homes for Interim Stormwater Facilities Within the Atwell Project RECOMMENDATION:

Adopt Resolution 2025-68.

BACKGROUND:

As part of the orderly development of the Atwell Project, there are a series of drainage and flood control measures that are necessary. The project proposes to construct up to four (4) flood control facilities north of the Edison easement to reduce the peak storm water flows through the Atwell project. A Conditional Letter and Map Approval (CLOMR) study was prepared, reviewed, and accepted by the City of Banning and the Federal Emergency Management Agency (FEMA) on the methodology to complete the flood control facilities. At this time, the southernmost flood control facility, Basin E, has been constructed by Tri-Pointe Homes, and Tri-Pointe Homes is under a cooperative agreement with the Riverside County Flood Control District (RCFCD) for the ongoing maintenance of that facility until such time that RCFCD accepts the basin for its own maintenance. Of the three (3) remaining basins, Tri-Pointe Homes is nearing design completion of the Smith Creek Basin (Basin A), and has not yet begun design of the remaining two (2) basins, Basin B and Basin C. Once completed, all three of these remaining basins will have a cooperative agreement between Tri-Pointe Homes and RCFCD until RCFCD accepts the basins for their perpetual maintenance. The remaining basins are located at the northern and eastern limits of the Atwell project.

As Tri-Pointe Homes continues to build the project from the south to the north, it was determined that the appropriate flood control approach would be to construct an interim basin north of the Edison easement, west of Smith Creek, and east of Highland Springs Ave. This basin was designed with necessary hydrologic studies to ensure that the interim basin design would meet the flood control needs for the existing and under construction development area south of the Edison Easement. As this facility is an interim facility, it would be maintained by Tri-Pointe Homes until the ultimate facilities described above are constructed, making this interim facility no longer necessary.

To ensure that maintenance is provided to the interim basin, City staff prepared the attached Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land (Maintenance Agreement) to clearly delineate the roles and responsibilities of TriPointe Homes. This agreement provides the City with mechanisms to enforce maintenance activities and protect downstream residents from increased flood risk, and ensure compliance with the ultimate project 145
CLOMR that was reviewed and approved by the City of Banning and FEMA. This agreement will remain in effect until such time that a subsequent maintenance agreement for a future interim basin is accepted by the City of Banning, or until Tri-Pointe Homes has entered into cooperative agreements with RCFCD for the ultimate Smith Creek Basin A, Basin B, and Basin C.

JUSTIFICATION:

The maintenance agreement is an implementing step of the larger Atwell project and ensures that TriPointe Homes (and its future assignees and/or owners) maintains the interim flood control basin to meet the basins design objectives of reduced flow and flood risk downstream of the facility at no cost to the City of Banning.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not approve the Maintenance Agreement. Failure to have the agreement in place may leave the City of Banning as the responsible agency for the interim flood control facility, requiring private contracting and expenses incurred by the City of Banning to provide routine and emergency maintenance.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-68, Stormwater Retention Basin.docx

2. Resolution 2025-68 Exhibit A - Interim Basin A Grading Agreement.pdf

3. Att. 1 - Final Map 35967.pdf
146
Resolution 2025-68

RESOLUTION 2025-68

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT REGARDING

CONSTRUCTION AND MAINTENANCE OF INTERIM STORM WATER RETENTION BASIN

AND CONVENANT RUNNING WITH THE LAND WITH TRI-POINTE HOMES FOR STORM

WATER FACILITIES WITHIN THE ATWELL PROJECT
WHEREAS, Tri-Pointe Homes is the master developer for the Atwell project, and is constructing the basin from south to north, and has prepared necessary hydrologic and hydraulic studies including a Conditional Letter of Map Revision (CLOMR) with the Federal Emergency Management Agency (FEMA) for flood control facilities and reduction of peak storm water flow through the Atwell project; and
WHEREAS, Tri-Pointe Homes, in consideration of the orderly development of the Atwell project, is constructing interim flood control facilities downstream of the ultimate flood control facilities, and has prepared and processed necessary hydrologic and hydraulic studies, and prepared basin grading plans in compliance with those studies, and has had those studies reviewed and accepted by the City of Banning; and
WHEREAS, Tri-Pointe Homes agrees through the terms and condition of the Maintenance Agreement to provide the required inspections and maintenance of the interim storm water retention facilities.

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

SECTION 1. The City Council approves the Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land with Tri-Pointe Homes for the continued maintenance of Interim Basin A within the Atwell Project SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to and to execute the Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land with Tri-Pointe Homes on behalf of the City Council.

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

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

Sheri Flynn, Mayor
City of Banning
147
Resolution 2025-68

ATTEST:

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

John Pinkney, City Attorney
148
Resolution 2025-68

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-68, 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
149
Resolution 2025-68

EXHIBIT A
Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land
150
-1-
11303-0011\3037188v2.doc

RECORDING REQUESTED BY,

AND WHEN RECORDED MAIL TO
City of Banning
99 E. Ramsey Street
Post Office Box 998
Banning, California 92220-0998
With a copy to:

Tri-Pointe Homes IE-SD, INC.
1250 Corona Pointe Court, Suite 600
Corona California, 92879
Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103)

AGREEMENT REGARDING CONSTRUCTION AND MAINTENANCE OF INTERIM

STORM WATER RETENTION BASIN AND COVENANT RUNNING WITH THE LAND
This AGREEMENT REGARDING CONSTRUCTION AND MAINTENANCE OF

INTERIM STORM WATER RETENTION BASIN AND COVENANT RUNNING WITH THE LAND (“Agreement”) is dated ____________________, 2025, and is entered into by and between the CITY OF BANNING (“City”) and TRI-POINTE HOMES IE-SD, INC. (“Owner”).

RECITALS
A. Owner owns that certain real property more particularly described on EXHIBIT “A” attached hereto and incorporated herein by this reference (“Owner Property”).

B. Owner is in the process of developing the Owner Property pursuant to and in accordance with the Development Agreement between the City and Owner (formerly known as Pardee Homes, a California Corporation), recorded on July 17, 2012, as document no. 2012- 0332888 (“Atwell Development Agreement”) and the Atwell Specific Plan (“Atwell Project”) C. A Conditional Letter of Map Revision (“CLOMR”) has been processed with the City as the local flood plain administrator and reviewed by the Federal Emergency Management Agency (FEMA) in accordance with the Banning Master Drainage Plan issued by the Riverside County Flood Control and Water Conservation District (“District”). The CLOMR assumes that the Master Drainage Plan Facility referred to as “Smith Creek Basin” is eventually constructed to significantly reduce peak storm flows downstream of the detention facility. Owner has prepared rough grading plans for development within areas identified as Phase 2A-2 and 2B-3 that are consistent with the revised floodplain mapping in the project level CLOMR. Pursuant to the proposed grading of the Atwell Project, Developer would be able to place fill in the existing floodplain area because the new floodplain would be moved into an interim engineered channel. 151
-2-
11303-0011\3037188v2.doc
D. The long-term functionally of the Smith Creek Basin is necessary to provide flood protection to the Owner Property and to benefit the future homeowners of residences constructed in the Atwell Project. Owner shall continue to process necessary plans and permits with the District and other necessary agencies in a timely fashion.

E. In order to balance the needs of dirt movement and the ongoing processing of the Smith Creek Basin with the District, Owner requested authorization to construct an Interim Basin A detention facility (“Interim Basin A”) to detain peak flows from upstream of the Phase 1 and Phase 2 areas of the Atwell Project and release storm flows to match the modeled storm flows in the Atwell Project CLOMR through Phase 2A-2 and Phase 2B-3.

F. City and Owner have agreed that Owner shall construct the Interim Basin A facility described on EXHIBIT “B” in accordance with the approved grading plan and specifications (collectively, “Basin Requirements”) attached hereto as EXHIBIT “C”. EXHIBIT “B” and EXHIBIT “C” are attached hereto and incorporated herein by this reference.

G. Owner’s construction, operation and maintenance of the Interim Basin A facility on Owner Property will materially benefit the Atwell Project, allow Owner to proceed with development of Atwell Project, and provide necessary interim flood protection to the Atwell Project.

H. Owner agrees pursuant to this Agreement, that Owner and Owner’s successors-ininterest to the Owner Property, as applicable, shall, at their sole cost, maintain in perpetuity the Interim Basin A facility described on EXHIBIT “B”, and that such maintenance shall conform to the Basin Requirements in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Owner hereby agree as follows:

1. Construction Duties of Owner. Owner shall, at its sole cost and expense, construct the Interim Basin A facility described in EXHIBIT “B” in accordance with plans approved by the City.

2. Purpose of Interim Basin A Facility. The Interim Basin A facility is planned as an interim storm water facility to protect the Atwell Project. The purpose of the Interim Basin A facility is to detain peak flows from upstream of the Phase 1 and Phase 2 areas of the Atwell Project and release storm flows to match the modeled storm flows in the Atwell Project CLOMR through Phase 2A-2 and Phase 2B-3.

3. Maintenance Duties and Obligation of Owner. Owner shall maintain, at its sole cost and expense, the Interim Basin A facility in accordance with the Basin Requirements and all applicable laws and regulations twice each calendar year until such time that an alternate interim facility or facilities are approved and constructed or the ultimate Smith Creek Basin is constructed, inspected, and accepted by the District, as well as any other stormwater retention basins necessary to reduce peak storm water flows to the maximum channel capacity as studied in the Project CLOMR have been constructed, inspected, and accepted by the entity to provide permanent maintenance. Alternatively, until acceptance by the District, 152
-3-
11303-0011\3037188v2.doc
maintenance shall continue unless a separate agreement between the Owner and the City and/or the District is in place regarding the ongoing maintenance of upstream retention facilities. a. Prior to grading within the Smith Creek area, the Owner shall provide to the City all necessary permits required by the California Department of Fish and Wildlife and the Regional Water Quality Control Board to the Public Works and Community Development Department.
b. If City determines that unsatisfactory conditions exist at the Interim Basin A facility (or subsequently approved facilities) or that repair or maintenance of the Interim Basin A facility is required, City will provide to Owner written notice in accordance with Section 7 below regarding said unsatisfactory conditions, maintenance and/or repairs. If Owner fails to commence the cure of the unsatisfactory conditions in connection with the Interim Basin A facility or undertake action to repair or maintain the Interim Basin A facility within ten (10) business days of receipt of the written notice from the City, then City has the right to correct any such unsatisfactory condition or undertake the maintenance and/or repairs in connection with the Interim Basin A facility. If City corrects any such unsatisfactory condition or undertakes the maintenance and/or repairs in connection with the Interim Basin A facility, City shall send to Owner a notice with the invoice/receipt for the work, maintenance and/or repair of the Interim Basin A facility. Owner will reimburse City for all of City’s costs in connection with this Section 3 within twenty (20) business days of the date on which such notice with the invoice/receipt was received by Owner.
c. Any certificates of occupancy for home sites within the existing FEMA mapped floodplain will not be issued until the City has inspected the basin to ensure that the construction of the facility is complete and constructed in accordance with the Basin Requirements.

4. Indemnification. Neither City, nor any officer or employee thereof is responsible for any claim, injury, damage or liability occurring by reason of anything done or omitted to be done by Owner under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that Owner will fully defend, indemnify and save harmless City and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, injury to persons and/or property, and other theories or assertions of liability occurring by reason of anything done or omitted to be done by Owner under this Agreement and/or resulting from or arising in connection with any acts, omissions, negligence, or willful misconduct by Owner or its contractors in connection with the Interim Basin A facility. Owner shall notify the City within three (3) business days of any claim regarding any matter covered by the foregoing indemnity.

5. Insurance. Owner shall maintain liability insurance with general liability coverage of not less than two million dollars ($2,000,000) naming the City, its elected officials, employees, and authorized agents, officers, and representatives as additional insureds. Owner shall provide City with a Certificate of Insurance each time the policy changes. City Manager may increase the insurance coverage every three (3) years from the date of this Agreement in 153
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such an amount as necessary to maintain reasonable and customary coverages for such insurance upon thirty (30) days’ prior written notice to the Owner.

6. Covenants to Run with the Land. This Agreement and obligations herein shall run with the Owner Property and burden Owner, its successors and assigns until such time as the City and Owner, its successors or assigns execute and record a NOTICE OF

TERMINATION OF AGREEMENT REGARDING CONSTRUCTION AND MAINTENANCE

OF INTERIM STORM WATER RETENTION BASIN AND COVENANT RUNNING WITH THE LAND in the Official Records of the County of Riverside.

7. Atwell Development Agreement Not Effected By This Agreement. The Atwell Development Agreement and the covenants contained therein are not modified nor terminated by this Agreement except as to the specific obligations listed in this Agreement. Any conflict between the Development Agreement and this Agreement the Development Agreement shall govern.

7. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder.

The Parties will address such notices as provided below or as may be amended by written notice:

City: City of Banning
Attention: City Manager
99 E. Ramsey Street
Post Office Box 998
Banning, California 92220-0998
Owner: Tri-Pointe Homes IE-SD, Inc.

Attention: Michael C. Taylor, Division President
1250 Corona Pointe Court, Suite 600
Corona California, 92879

8. General.
a. Amendments. Any amendments to this Agreement must be in writing, duly signed by each party, acknowledged, and recorded in the Official Records of the County of Riverside.
b. California Law. The laws of the State of California shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the Parties.
c. Binding on Successors in Interest. Each and all of the covenants, terms, and provisions in this Agreement will be a covenant running with the Owner Property and will bind Owner and Owner’s successor’s and assigns.
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d. Subordination. Owner warrants and represent to City that there are no deeds of trust or other liens encumbering the Owner Property, or that all persons who have a deed of trust on or other lien or monetary encumbrance impacting the Owner Property have duly executed a LENDER CONSENT AND SUBORDINATION in the form approved by the City.

Copies of the executed LENDER CONSENT AND SUBORDINATION documents are attached collectively hereto as EXHIBIT “D”.
e. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party nor does it create any private right of action for any third party nor permit any third party to bring an action to enforce any of its terms.
f. Good Faith and Further Acts. In exercising their respective rights and performing their respective obligations under this Agreement, the Parties agree to exercise good faith and fair dealing toward one another so that the purposes of this Agreement can be achieved. The Parties will take such additional reasonable steps and sign such additional reasonable documents as may be reasonably necessary to achieve the purposes of this Agreement.
g. Authority. The persons signing below warrant and represent that they have the requisite authority to bind the entities on whose behalf they are signing. h. Entire Agreement. This agreement constitutes the entire understanding and agreement between the Parties hereto with respect to the maintenance and repair of the Interim Basin A facility, and there are no agreements, undertakings, restrictions, or warranties among the Parties other than those set forth herein and herein provided for with respect to said subject matter.
i. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the Parties hereto or any of each Parties’ agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement. j. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.
k. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity. l. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California. m. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference.
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EXHIBIT “A”

DESCRIPTION OF OWNER PROPERTY
158

EXHIBIT “A”

BASIN MAINTENANCE AGREEMENT

LEGAL DESCRIPTION
BEING ALL OF LOTS 1 THROUGH 25, INCLUSIVE, TOGETHER WITH LOTS 27 THROUGH 47, INCLUSIVE, AND LOTS A THROUGH U, INCLUSIVE, AS SHOWN ON TRACT NO. 35967, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN MAP BOOK 474, PAGES 1 THROUGH 14, INCLUSIVE, RECORDS OF SAID COUNTY.
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EXHIBIT “B”

DESCRIPTION OF INTERIM BASIN A FACILITY
160

EXHIBIT “B”

INTEREIM BASIN

LEGAL DESCRIPTION
BEING ALL OF LOTS 15 AND 16, AS SHOWN ON TRACT NO. 35967, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN MAP BOOK 474, PAGES 1 THROUGH 14, INCLUSIVE, RECORDS OF SAID COUNTY.
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EXHIBIT “C”

BASIN REQUIREMENTS
Title Sheet of Improvement Plan Sets is included on the following page. The entire grading plan (Sheets 1-44) are on file with the Public Works Department.

Permit Number: RG23-0007
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1 EXHIBIT “D”

LENDER CONSENT AND SUBORDINATION DOCUMENTS
164
165
2 LENDER’S CONSENT AND SUBORDINATION TO

AGREEMENT REGARDING CONSTRUCTION AND

MAINTENANCE OF INTERIM STORM WATER RETENTION

BASIN AND COVENANT RUNNING WITH THE LAND

1. ___________________________________________________
(“Lender”) holds a security interest described in Paragraph 2 below in all or a portion of the Owner Property described in the AGREEMENT REGARDING CONSTRUCTION AND

MAINTENANCE OF INTERIM STORM WATER RETENTION BASIN AND COVENANT RUNNING WITH THE LAND (“Agreement”), to which this document is attached, between the City of Banning (“City”) and Tri-Pointe Homes_______ (“Owner”) dated _______________, 2024.

2. Lender’s security interest in all or a portion of the Property is shown on the document recorded on __________________ as Document Number _______________ of Official Records of the County of Riverside (“Subject Deed of Trust”).

3. Lender acknowledges that the construction of, operation and maintenance of the Interim Basin A facility on Owner Property will materially benefit the Atwell Project, allow Owner to proceed with development of Atwell Project, and provide necessary interim flood protection to the Atwell Project.

4. In consideration of the rights and benefits conferred upon the Owner by the terms of the Agreement and in recognition of the accrual of those benefits to the Lender and successors-in-interest to Owner, including Lender in the event Lender takes possession to or ownership of the Property, Lender hereby consents to the Agreement and its recordation and further agrees that Lender’s Subject Deed of Trust and all interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Agreement.

5. The City agrees to provide to Lender by certified mail a copy of any notice from City to Owner of any default, required repair or maintenance of the Interim Basin A facility at the address below. Lender may cure any such default or undertake any repair or maintenance required by Owner in the time permitted under the Agreement for Owner to cure such default:

Lender __________________________
__________________________
__________________________
__________________________

6. The individuals who have signed this document on behalf of Lender represent and warrant to City that he/she/they have the legal power, right, and authority to approve and execute this document on behalf of Lender and thereby and bind the Lender. 166
3 IN WITNESS WHEREOF, the Lender has executed this Consent and Subordination as of _____________, 2024.

LENDER:
______________________________
_______________________________
By: _____________________________
Print Name: _______________________
Title: ___________________________
167
4 State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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182

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 2025-70, Approving Amendment No. 4 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $57,080 for Environmental Permitting Related Biological Studies for the Sun Lakes Boulevard Extension Project
RECOMMENDATION:

Adopt Resolution 2025-70.

BACKGROUND:

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

On July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project.

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

On March 21, 2022, a change order to the Professional Services Agreement with WEBB was approved for out-of-scope work for the preparation of a sediment transport analysis in the amount of $5,974.88.

The approval of this change order was within the City Manager’s approval authority.

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

Amendment No. 1 was for out-of-scope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting. Amendment No. 1 increased the contract amount to $751,947.66.

On October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (“Amendment No.2”) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension. Amendment No. 2 increased the 183
contract amount to $1,248,026.66.

Under the existing Professional Services Agreement, WEBB is working on securing regulatory permits from the Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW). To obtain these permits, pre-construction biological investigations are one of the prerequisites that must be met as stated in the draft Streambed Alteration Agreement with CDFW. This agreement is still in negotiation and expected to be finalized in June 2025.

The new scope of work under this Amendment No.3 will include the following biological studies and other services required before construction can commence on the project:

Pre-construction Nesting Bird Survey and Report
Pre-construction Burrowing Owl Inspection Survey and Report Crotch’s Bumble Bee Habitat Mapping and Report
Crotch’s Bumble Bee Draft Survey Plan
Crotch’s Bumble Bee Surveys and Report
Biological Worker’s Environmental Awareness Program (WEAP) Training WEBB Management of Biological Services
The above-mentioned biological investigations are time sensitive because they can only be conducted during certain months of the year. For instance, the Bumble Bee Survey can only be conducted during the colony active period from April to August and the Burrowing Owl can only be detected during the breeding months from February to August. Therefore, it is important to have the biological studies conducted before August 31, 2025 to prevent delays that may jeopardize the scheduled Winter 25/26 construction start time.

Contract Summary:

Original Contract $ 548,416.05
Change Order No. 1 $ 24,983.25
Change Order No. 2 $ 5,974.88
Change Order No. 3 $ 148,222.00
Contingency $ 24,351.48
Change Order No. 4 $ 496,079.00
Change Order No. 5 $ 57,080.00
Total Contract Value $1,305,106.66
The TUMF reimbursement agreement between the City of Banning and WRCOG was executed to fund the environmental documentation, plans, specifications and cost estimate.

JUSTIFICATION:

Sun Lakes Boulevard is identified by the City of Banning General Plan Circulation Element as an Arterial Highway. The proposed extension of Sun Lakes Boulevard will ease traffic congestion on existing city streets; improve public safety and emergency response; and improve regional connectivity.

Amendment No. 4 is needed so that Biological Studies can be conducted in a timely manner in order to avoid delaying the construction schedule by another year which may affect the availability of over $30 Million Dollars in construction funding through WRCOG.

FISCAL IMPACT:

An appropriation in the amount of $57,080 from the Measure A Fund to Account No. 101-4900-431.93- 16 is necessary to fund Amendment No. 4.

The project is funded by the TUMF program, with $12,000,000 under a reimbursement agreement between the City and WRCOG. The proposed work is covered as an eligible expense by the TUMF 184
program, and reimbursement for expenses incurred with be requested against this amount.

ALTERNATIVES:

Do not adopt Resolution 2025-70 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-70, Webb Amendment.docx

1. AMENDMENT NO 4.pdf

2. Resolution No. 2023-175.pdf

3. Resolution No. 2020-048.pdf

4. Resolution No. 2022-139.pdf

5. Original Services Agreement.pdf

6. Amendment #1 Services Agreement.pdf

7. Amendment #2 Services Agreement.pdf

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

9. Change Order #4.pdf

10. Change Order #5.pdf

11. Resolution No. 2020-097.pdf
185
Resolution 2025-70

RESOLUTION 2025-70

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

ENVIRONMENTAL PERMITTING RELATED BIOLOGICAL STUDIES FOR THE SUN LAKES

BOULEVARD EXTENSION PROJECT
WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05; and WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project; and WHEREAS, on February 11, 2022, a change order (change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order (change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (“Amendment No. 1”) to include additional compensation in the amount of $148,222 (change order 3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out-ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751,947.66; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (“Amendment No.2”) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026.66; and WHEREAS, under the existing Professional Services Agreement, WEBB is working on securing regulatory permits from the Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW). To obtain these permits, pre-construction biological investigations are one of the prerequisites that must be met; and WHEREAS, the scope of work includes pre-construction Nesting Bird Survey, Burrowing Owl Inspection survey and report; Bumble Bee habitat surveys and reports; Biological Worker’s Environmental Awareness Program (WEAP) Training; and WEBB Management of Biological Services; and
WHEREAS, the biological investigations are time sensitive because they can only be conducted during certain months of the year; and
186
Resolution 2025-70

WHEREAS, Amendment No.3 will amend the Professional Services Agreement by adding an additional $57,080 to cover Change Order No.5; and
WHEREAS, an appropriation from the Measure A Fund in the amount of $57,080 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and WHEREAS, the project is funded by the TUMF program up to $1,000,000, therefore the additional expenditure related to Amendment No. 2 will be partially reimbursed by the TUMF program, which has a current balance of $189,605.41; and WHEREAS, the City intends to request additional TUMF funding in the amount of $400,000 including contingency.

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

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

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

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

PASSED, APPROVED AND ADOPTED this 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
187
Resolution 2025-70

CERTIFICATION:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
188
Resolution 2025-70

EXHIBIT A
Amendment No.3 to the Professional Services Agreement with WEBB 189
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars 190
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.

H. City and Consultant now desire to amend the Agreement to modify the Scope of Services,and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment “1”, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Fifty-Seven Thousand Eighty Dollars ($57,080.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 43, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 4, the provisions of this Amendment No. 4 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.

2.3 Authority. The persons executing this Amendment No. 4 on behalf 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 Amendment No. 4, and (iv) entering into this Amendment No. 191
4 does not violate any provision of any other agreement to which said party is bound.

1.3 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

1.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
192
The Parties are signing this Amendment No. 4 the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: __n/a___________ NAME:

TITLE:

ATTEST:

Caroline Patton
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 CONSULTANT’S BUSINESS ENTITY.
193
ATTACHMENT “1”
194
2020-0126
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com February 28, 2025
Revised April 23, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 4 - Additional Environmental Services for Sun Lakes Boulevard Extension Project (PSA C00660)
Dear Patrick,
Pursuant to your request on February 6, 2025, and subsequent discussion on April 2, 2025, Albert A.

WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. WEBB is currently under contract with the City to obtain regulatory permits for the project from the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB).

Said permits have requirements that the City will need to fulfill prior to construction of the project which are outlined below in Task 1. Biological reporting and monitoring that is required during construction are not included herein, but as we have discussed with you, we understand the City will include the permitting-related tasks during construction to be included in the City’s forthcoming construction management contract.

Also included in this request is the City’s obligation for compensatory mitigation related to impacts to jurisdictional waters which are required to be fulfilled within 18 months of impacts. Task 2 includes WEBB’s assistance with the compensatory mitigation obligations. 195
WO: 2020-0126
City of Banning
Scope of Work
Task 1: Biological Services During Construction
The Tasks below are related to the surveying and reporting requirements of the CDFW permit, RWQCB permit, as well as CEQA mitigation measures MM BIO-1 through MM BIO-4.1 WEBB will subcontract with Osprey Environmental Associates (Osprey) to fulfill these requirements.

Preconstruction Nesting Bird Survey and Report (corresponds to CDFW Measures 2.11.1 and 4.4; CEQA MM BIO-1)
Osprey will conduct preconstruction nesting bird surveys if vegetation clearance occurs outside the recommended window (September 1 – February 1). Surveys will be performed within three (3) days prior to construction initiation to identify active nests within 100 feet of the project site. A survey report by a qualified biologist verifying nest status will be submitted to the City of Banning prior to construction. If active nests are identified, species-specific measures will be implemented to prevent nest abandonment.

Burrowing Owl Pre-Construction Inspection Survey and Report (corresponds to CDFW Measure 2.12.4 and CEQA MM BIO-2)
A single preconstruction burrowing owl survey will be conducted within 3 days of vegetation removal or ground disturbance. The survey will comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and 2006 "Burrowing Owl Survey Instructions” and will cover entire the project site and within 150-meters. If burrowing owls are detected during the breeding season (February 1–August 31), a 300-foot buffer will be enforced around active burrows until nesting is complete. Following the survey, a burrowing owl pre-construction survey report will be prepared and submitted to WEBB in PDF format. The survey report will document the methods, results, and conclusion of the survey.

Crotch’s Bumble Bee (corresponds to CEQA MM BIO-3)
• Crotch’s Bumble Bee Habitat Mapping and Report (corresponds to CDFW Measure 2.14) Osprey will conduct habitat mapping for the Crotch’s bumblebee within the project footprint.

Mapping will identify habitat alliances following Sawyer et al. (2009). Following field mapping and no less than 120 days prior to the initiation of activities Osprey will complete and submit to CDFW a baseline habitat mapping report. The report will identify species composition for each mapped alliance and will be submitted to CDFW.
• Crotch’s Bumble Bee Draft Survey Plan (corresponds to CDFW Measure 2.15.2) A qualified Osprey biologist will prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the project area. 1 There are a total of five mitigation measures for biological resources. MM BIO-5 is “Mitigation for Riparian/Riverine and Jurisdictional Impacts.” WEBB’s assistance with this is in Task 2, herein. 196
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The survey plan will be submitted no less than 90 days prior to initiation of project activities in suitable habitat.
• Crotch’s Bumble Bee Survey(s) and Report (corresponds to CDFW Measure 2.15.3) If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat (i.e. nesting, foraging, and overwintering habitat), Osprey will conduct focused surveys for the Crotch’s bumblebee (CBB) following the approval and submittal of survey plan. Osprey will first conduct a literature review and records search for CBB occurrences within a 10-mile radius, utilizing the CDFW California Natural Diversity Database and iNaturalist.

Following the literature review, Osprey will conduct on-site CBB surveys following the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023). These surveys will take place during the Colony Active Period (April-August) and when floral resources are available, ideally at peak bloom. A minimum of three surveys will be conducted, spaced 2-4 weeks apart between April and August. Surveys will be performed during daylight, beginning at least one hour after sunrise and ending at least two hours before sunset, ideally between 9:00 AM and 1:00 PM, with temperatures between 65°F and 90°F and wind speeds under 8 miles per hour. Each survey will cover at least one person-hour of search effort per three acres of suitable habitat.

Following the completion of the surveys, a report will be prepared summarizing the survey methods, findings, and conclusions. The report will also include a list of bee species observed and any accompanying photographs. Survey results will be submitted to CDFW before ground-disturbing activities begin. If an active CBB nest is detected, a no-disturbance buffer zone will be established, and CDFW will be notified.

Biological Worker’s Environmental Awareness Program (WEAP) and Invasive Species Education Program (corresponds to CDFW Measures 2.8 and 2.8.1; CEQA MM BIO-4) Osprey will develop and conduct a mandatory Biological Worker’s Environmental Awareness Program (WEAP) training for all construction personnel. This training will cover key topics, including CBB, burrowing owls, rare plant species, and riparian/riverine features. WEAP training will be coordinated with the paleontological WEAP. A recorded training will be prepared and available.

Further, included in the WEAP will be an additional discussion of the invasive species currently present within the project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion will include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program will also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site. 197
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WEBB Management of Biological Services
WEBB has budgeted 40 hours to manage and coordinate with Osprey related to Task 1 including reviewing documents, and meeting with the City.

UAV (Drone) Survey(s) (Optional)
Osprey can provide a drone survey of the project area to generate a high-resolution orthomosaic basemap, offering a temporally and spatially accurate depiction of the project site as is currently prior to construction and post-construction. This updated imagery can serve as a key reference for stakeholders, ensuring precise visualization of project lands, roads, and planned or constructed infrastructure. The orthomosaic will enhance project planning, coordination, and decision-making by delivering highly accurate spatial and visual data. The flight will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC) and a visual observer, ensuring full compliance with FAA regulations. The drone data collection and subsequent GIS analysis will be used to support all of Osprey’s reporting deliverables included herein. Deliverables will include a high-resolution orthomosaic base map, digital terrain model depicting project ground elevations, and a digital surface model depicting project surface elevations.

Although a temporally and spatially accurate orthomosaic basemap is informative and helpful, this optional service is not required in order to complete any of the aforementioned tasks.

Task 1 Assumptions
• None of the species identified above will be found on site. • This scope includes one (1) in-person WEAP training. Any additional training sessions will require a separate scope and fee.
• Materials required for delineating Environmentally Sensitive Areas (ESAs) or establishing nesting buffers are not included in this proposal. The cost of these materials will be billed directly to the client if not provided by the City.
• The preparation of a Burrowing Owl Mitigation Plan is not included. If required, Osprey will provide a separate scope and fee for this task.
• This proposal does not cover small mammal trapping or the preparation of a small mammal trapping survey report. If required, Osprey will provide an additional scope and fee for these efforts.
• Assistance with securing an Incidental Take Permit (ITP) from CDFW is not included. If required, Osprey can provide a separate scope and fee for this task.

Task 2: WEBB Assistance with Offsite Compensatory Mitigation Fulfillment (corresponds to CDFW Measure 3.3; CEQA MM BIO-5)
WEBB has included 50 hours to help the City to set up its compensatory mitigation obligation utilizing an offsite mitigation site owned by the City located southeast of the City’s wastewater treatment plant. We anticipate actions under this task will be to advise and support the City related to: finding a third party to hold a conservation easement/deed restriction(s) on the City’s property (City to retain 198
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fee title), negotiate and find the City a third party land manager and assist City with said agreement, and finding an entity to provide a non-wasting endowment. We understand the City will take lead on each of these tasks; therefore this budget is for things like attending meetings to provide project background and making connections to facilitate the process.

Budget
Our proposed budget for the services listed herein will be billed on a Time and Materials basis according to our existing contract for a total not to exceed of $57,080.

Environmental Services
Task 1 - Biological Services
Preconstruction Nesting Bird Survey and Report $ 4,660
Burrowing Owl Pre-Construction Inspection Survey and Report $ 6,230 Crotch’s Bumble Bee Habitat Mapping and Report $ 6,840
Crotch’s Bumble Bee Draft Survey Plan $ 4,350
Crotch’s Bumble Bee Survey(s) and Report $ 14,380
WEBB Management of Task 1 (40 hours) $ 7,150
Optional UAV (Drone) Survey $ 4,370
Task 2 - Management and Coordination for Offsite Mitigation $ 9,100 TOTAL $ 57,080
The following is a summary of original, current, and proposed authorizations according to our records.

WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 3 $496,079
Current Authorization $1,248,026.66
Proposed Change Order $57,080
Total WEBB Authorization with Proposed
Change Order $1,305,106.66
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If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
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Page | 6
201
RESOLUTION 2023-175

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

BOULEVARD EXTENSION
WHEREAS, on February 18, 2020, the Public Works Department released a Request for Proposals for the design of the Sun Lakes Boulevard Extension ( also known as the Westward Avenue Extension) and on March 10, 2020, two proposals were received from Albert A. Webb Associates, Inc. and Engineering Resources of Southern California (ERSC) in the amount of $548,416.05 and $ 849,674.30 respectively; and WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05; and WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government ( WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project; and WHEREAS, on February 11, 2022, a change order ( change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (" Amendment No. 1 ") to include additional compensation in the amount of 148,222 ( change order 3) and extend the term of the agreement to June 30, 2024.

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

202
WHEREAS, the City understands that the roadway alignment must clear the Kinder Morgan easements as quickly as practicable and this late direction from Kinder Morgan requires portions of the roadway to be redesigned; and WHEREAS, as project revisions have become necessary, City Staff has been in communication with WRCOG staff to ensure that further design efforts are consistent with the Reimbursement Agreement between the City and WRCOG; and WHEREAS, Amendment 2 will amend the Professional Services Agreement by adding an additional $496,079 to cover Change Order No.4; and WHEREAS, an appropriation from the Measure A Fund in the amount of $496,079 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and WHEREAS, the project is funded by the TUMF program up to $ 1,000,000, therefore the additional expenditures related to Amendment No. 2 will be partially reimbursed by the TUMF program, which has a current balance of $307,164.39; and WHEREAS, the City intends to request additional TUMF funding in the amount of 350,000 including contingency.

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

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

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

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

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

Resolution 2023- 175

Alberto
City of B
203
ATTEST:

Caroline Patton , Depu
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

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

204
CERTIFICATION:

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

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

NOES :

ABSENT:

ABSTAIN:

Resolution 2023- 175

Caroline Patton , Dep City Clerk
City of Banning, California
205
Exhibit A
Draft Agreement with Albert A. Webb Associates Inc.

Resolution 2023- 175

206
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT ( C00660)

FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND
BETWEEN THE CITY OF BANNING AND ALBERT A. WEBB ASSOCIATES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES (" Amendment No. 2") by and between the CITY OF BANNING (" City") and ALBERT A. WEBB ASSOCIATES, a California Corporation (" Consultant") is effective as of this day: _____________ _

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (" Agreement") whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five- Hundred Forty- Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($ 548, 416. 05). The agreement included a 10% Contingency of Fifty Four Thousand Eight Hundred Forty One Dollars and Sixty One Cents ($ 54, 841. 61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty Five Dollars and Sixty Six Cents 603, 725. 66) The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out- of- scope work including coordination with Western Riverside County Regional Conservation Authority ( RCA) in the amount of $24, 983. 25, leaving a contingency balance of$29, 858. 36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis ( out of scope) in the amount of $5,974. 88, leaving a contingency balance of $23, 883. 48.

D. On August 23, 2022 City Council adopted City Council Resolution 2022- 106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty- Nine Thousand Four Hundred Dollars ($ 129, 400. 00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022- 139 to rescind Resolution 2022- 106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty- Eight Thousand Two Hundred Twenty- Two Dollars ($ 148, 222. 00) for a new contract total of Seven Hundred Fifty- One Thousand Nine Hundred Forty- Seven Dollars and Sixty- Six Cents ($ 751, 947. 66) and to extend the term ofthe Agreement through June 30, 2024.

F. City and Consultant now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety- Six Thousand Seventy- Nine Dollars ($ 496, 079. 00) for a total not to exceed amount of One Million Two Hundred Forty- Eight Thousand Twenty- Six Dollars and Sixty- Six 207
Cents ($ 1,248, 026. 66).

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a) Section 2.1 -" Contract Sum" of the Agreement is amended to provide that Consultant' s total compensation shall not to exceed One Million Two Hundred Forty- Eight Thousand Twenty- Six Dollars and Sixty- Six Cents ($ 1,248, 026. 66). b) Section 3.4 -" Term" of the Agreement is hereby amended to extend the Agreement term to June 30, 2025.
c) Section 1.1, Exhibit " A" and Exhibit " D" - The Scope of Services as set forth in Section 1.1 of and Exhibits A and D to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 , all provisions of the Agreement as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendments Nos. I through 2 to the Professional Services Agreement. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1through 2, the provisions of this Amendment No. 2 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, ( iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Amendment No. 2 does not violate any provision of any other Agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

7. Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document 208
transmitted by such Party (" electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURE PAGE FOLLOWS]
209
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 2 to the Agreement the day and year first hereinabove written.

CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

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

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

Address:
3788 McCray Street
Riverside, CA 92506
Date
Date
City Council Approval: _____ _
210
RESOLUTION 2020- 48

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE SUN LAKES BOULEVARD EXTENSION FROM HIGHLAND HOME ROAD TO SUNSET AVENUE, TO ALBERT A. WEBB ASSOCIATES IN THE AMOUNT OF 548, 416. 05 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT -TO -EXCEED" $603, 258. 05
WHEREAS, there is a current need for a new road on the south side of Interstate 10 to close a gap in the City' s street network from Highland Home Road to Sunset Avenue to reduce existing congestion at the Highland Springs Avenue interchange and to accommodate expected growth within the City; and
WHEREAS, on February 11, 2020, under Resolution 2020-1 the City Council accepted Lots A, D, E, F and G for the necessary right- of- way for the extension of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The lots were originally offered to the City on Parcel Map 25541 approved on August 28, 1990, at which time the City deferred the approval of the right- of- way to a future date; and WHEREAS, on March 24, 2020, under Resolution 2020- 37, the City Council approved General Plan Amendment 19- 2502 and Environmental Assessment 19- 1503, a proposed amendment to the Circulation Element of the General Plan to modify the alignment of Sun Lakes Boulevard from its existing General Plan alignment with Lincoln Street to the proposed alignment with Westward Avenue following closely the right- of- way offered on Parcel Map 25541; and
WHEREAS, on February 18, 2020, staff released an Invitation for Bid for the Design of the Sun Lakes Boulevard Extension to five ( 5) consultants on the on -call engineering list approved by City Council on September 10, 2019 under Resolution 2019- 116 and received three ( 3) proposals ranging in costs from $ 508, 678 to $ 849, 674; and
WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the request scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to Albert A. Webb Associates, in the amount of $548, 416. 05; and WHEREAS, the total project budget of $ 603, 258. 05, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the Western Riverside Council of Governments ( WRCOG) via the Transportation Uniform Mitigation Fee ( TUMF) program. 1 Resolution 2020- 48
211
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning City Council adopts Resolution No. 2020- 48 Professional Services Agreement for the Design of the Sun Lakes Boulevard Extension from Highland Home Road to Sunset Avenue, to Albert A. Webb Associates in the amount of $ 548, 416. 05 and approves a 10% contingency for a total project budget of "not -to -exceed" $603, 258. 05.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement with Albert A. Webb Associates and to approve change orders within the 10% contingency.

SECTION 3. The City Manager is authorized to execute the Professional Services Agreement with Albert A. Webb Associates.

SECTION 4. The City Clerk is authorized to certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions PASSED, APPROVED and ADOPTED this 14th day of April, 2020.

Daniela Andrade, Mayor
City of Banning
ATTEST:

Sonja D- a uente, Deputy City Clerk

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
2 Resolution 2020- 48
212
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 48 was duly adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th of April, 2020.

AYES: Councilmembers Happe, Pingree, Wallace, Welch & Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja De 9 ente, Deputy City Clerk
City of Banning, California
3 Resolution 2020- 48
213
RESOLUTION 2022-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 148,222 FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION; EXTENDING THE TERM OF AGREEMENT TO JUNE 30, 2024; AND RESCINDING RESOLUTION 2022-106
WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05, and a 10% contingency for a total of $603,725.66; and
WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government ( WRCOG) for up to $ 1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project; and WHEREAS, on February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-of-scope work including coordination with• Western Riverside County Regional Conservation Authority RCA in the amount of $24, 9873.25, paid from contingency funds; and
WHEREAS, on March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of sediment transport in the amount of $5,974.88, paid from contingency funds; and
WHEREAS, on May 12, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for additional out of scope work such as storm drain system design, environmental coordination with Wildlife Agencies and Western Riverside County Regional Conservation Authority ( RCA), supplemental environmental documentation and jurisdictional delineation and permitting in the amount of $148,222; and WHEREAS, Amendment No.1 will amend the purchase order by adding an additional $ 148,222; and
WHEREAS, Amendment No. 1 will also extend the term of the Agreement to June 30,2024;and
WHEREAS, an appropriation from the Measure A Fund in the amount of $148,222 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and Resolution 2022- 139

214
WHEREAS, the project , including Amendment No . 1 is fully funded by the TUMF program up to $1 ,000 ,000.

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

SECTION 1 . City Council hereby approves Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc. for an additional $ 148, 222 for the Design of Sun Lakes Boulevard Extension and extend the term of the agreement to June 30 , 2024.

SECTION 2. The City Manager or designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement Amendment No. 1 with Albert A. Webb Associates , Inc.

SECTION 3. The City Manager or designee is authorized to execute Amendment No . 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc.

PASSED, APPROVED AND ADOPTED this 11th day of October 2022 .

ATTEST:

Caroline Patton , DeQiycitycierk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Se~~
Richards, Watson & Gershon
Resolution 2022-139

City of Banning
215
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California , do hereby certify that the foregoing Resolution 2022- 139 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 11th day of October 2022 by the following vote , to wit:

AYES: Happe , Minjares, Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN:

Resolution 2022-139

Caroline Patton, De City Clerk
City of Banning , Californ ia
216
2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C00660) FOR THE

DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND

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

RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the services for the design of Sun Lakes Boulevard extension prepared in connection therewith, and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 6/23/2020
217
-2- 11303-0008\2431284v2.doc
standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

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1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to five percent (5%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

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

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1.10 Special Requirements.

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

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Dilesh Sheth Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer.

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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

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

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 221
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than $ 548,416.05 (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

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

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

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

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3.4 Term.

The Term of this Agreement shall be from the Effective Date through October 3, 2022, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 224
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

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4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 226
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damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

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

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

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 228
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risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

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

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 229
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court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

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

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 230
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

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

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

6.5 Rights and Remedies are Cumulative.

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

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

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

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 231
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6.8 Attorneys’ Fees.

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

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 232
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require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

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

Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Patrick Safari
Associate Engineer
City of Banning
99 East Ramsey Street
Banning, California 90220
Email: [email protected]
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 233
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With a courtesy copy to: Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Dilesh Sheth
Vice President
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 234
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8.6 Mutual Cooperation.

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

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 235
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8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Sonja De La Fuente Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: 04/14/2020
Kevin G. Ennis, Esq., Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 Dilesh Sheth
Vice President
3788 McCray Street, Riverside, Ca 92506
6/23/2020
95-1723730
6/23/2020
6/23/2020
6/23/2020
237
Exhibit “A”-1
11303-0008\2431284v2.doc
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing design of Sun Lakes Boulevard extension prepared in connection therewith:

I. As part of the Services, Consultant will prepare and deliver the following tangible work products to City:

A. Consultant shall provide services necessary to provide a complete (construction ready) project.

Task 1. Project Management
The consultant shall attend regular status meetings with the City throughout the duration of the project as well as prepare monthly progress reports. The consultant shall develop and maintain a detailed work program and schedule the development of a project specific Work Plan. The Work Plan will include, at a minimum, details of methodology, sequence of tasks, lists of deliverables, milestone submittal schedule, summary of organizational responsibilities and contacts, as well as reporting and invoicing procedures. The consultant will meet face to face with the Project Design Team (PDT) monthly. The consultant will be responsible to facilitate other meetings as necessary with City Departments and other key stakeholders, creating meeting agendas with input from the City and prepare and distribute meeting minutes.

Deliverables: Work Plan, Monthly Progress Reports, Meeting Agendas and Meeting Minutes.

Task 2. Project Development

2.1 Data Collection and Site Reconnaissance
Consultant shall collect and review available existing reports, data, as-built plans, and information relevant to the project from the City, County and any other agency necessary to complete the work, including assessor’s information and any utilities that exist in the area. Consultant shall conduct a field investigation to familiarize the project team with the drainage conditions, flow patterns, existing design constraints and existing/ongoing improvements in the project area.

Deliverables: Field Review Notes, Photo Logs, Copies of Existing Data

2.2 Survey and Aerial Topographic Mapping
Consultant shall research available record information pertaining to the project including: Tract Maps, Records of Survey, Parcel Maps and Right-of-Way Maps.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 238
Exhibit “A”-2
11303-0008\2431284v2.doc
Consultant shall provide topographical mapping at 1-foot contour intervals and field surveying to identify existing topographical features. Tie out any and all survey monuments that may be disturbed by the work. Establish street centerline and centerline stationing to an accuracy of one-tenth foot (0.10’). Establish temporary benchmarks required for the work and provide all elevations, dimensions and other measurements necessary to establish proper line and grade.

Deliverables: AutoCAD drawing file of the survey points

2.3 Utility Research and Base Mapping
Consultant shall act on behalf of the City of Banning and contact all utility purveyors to determine if existing facilities are present in the area. Utility data shall be base mapped and include appropriate identification by their respective owner, location and size.

2.4 Public Outreach
Due to the number of residences and existing developments located adjacent to the project site, the Consultant shall include the necessary public outreach. At a minimum, this shall be conducted in an “Open house” fashion to give the adjacent neighbors a chance to learn about the project and note any potential concerns.

Deliverables: Letters to Utility Owners, Utility As-Built Maps, Utility Base Map Task 3. Preliminary Engineering Design

3.1 Roadway Geometric Approval Drawings (GAD’s)
Consultant shall analyze and prepare a proposed alignment consistent with the existing right-of-way and in accordance with the Caltrans Highway Design Manual for geometric features. It is anticipated that right-of-way will not be required as a part of this project; however, construction easements, slope easements, etc. may still be required. The GAD shall include typical cross sections as well as the identification of existing rights-of-way and property lines to determine any need for right-of-way or easements.

Deliverables: Geometric Approval Drawings (30% Complete Plans), Preliminary Cost Estimate, Preliminary Right-of-Way Requirements Map

3.2 Preliminary Roadway Drainage Plans
Consultant shall prepare drainage design for the proposed improvements in accordance with the Riverside County Flood Control and Water Conservation District (RCFC&WCD) design standards. The consultant shall review any available hydrology reports and prepare necessary analysis in accordance with RCFC&WCD DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 239
Exhibit “A”-3
11303-0008\2431284v2.doc
as well as City requirements to determine the amount of drainage tributary to the project area and to review the capacity of existing drainage facilities. Consultant shall review public agency’s available hydrology/hydraulic and storm drain plan records for existing drainage facilities within and adjacent to the project site.

Existing drainage patterns and runoff tributary areas to the site shall be determined.

Consultant shall perform necessary analysis to determine hydraulic function and size of necessary facilities.

Deliverables: Drainage Design Report, 30% Drainage Plans (shown on the GAD) Task 4. Environmental Documentation
Consultant shall identify environmental impacts under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) if necessary.

Environmental services shall include identification and preparation of an Initial Study Assessment, technical studies and environmental document for City review and approval as necessary for CEQA clearance. The City currently anticipates an IS/MND as the appropriate CEQA document for the project. The Consultant shall evaluate the City’s recommendation and determine if the IS/MND is the appropriate document for this project. Based on this assumption, the proposal should include timing and cost breakdowns for the initial assessment, as well as costs associated with potential focused surveys. At a minimum, the consultant shall address:

4.1 Traffic Impact Analysis
Consultant shall prepare a TIA for the proposed improvements for CEQA documentation. The study will address the changes in traffic volumes and patterns in the immediate vicinity. At a minimum, the study shall look at adjacent intersections to determine if traffic controls (stop control, traffic signals, etc.) are required. The consultant shall assume that Vehicle Miles Traveled (VMT) analysis will be required in conformance with SB 743.

4.2 Air Quality and Greenhouse Gas
These studies will be used in the CEQA review. The studies should include a written report (with photos of the site) discussing air quality and greenhouse gas impacts.

4.3 Biological Study
Based on the recent Negative Declaration for the modification to the City’s General Plan Circulation Element, at a minimum this shall include a burrowing owl survey and Los Angeles Pocket Mouse Survey. An MSHCP consistency analysis will need to be completed as a part of this study. The necessary habitat assessments shall include written reports (with photos of the site) indicating whether or not the site contains suitable habitat.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 240
Exhibit “A”-4
11303-0008\2431284v2.doc

4.4 Cultural Study and Paleontological Resources Report The Cultural Study and Paleontological Resources Report should include a written report following the guidelines for Archaeological Resource Management Reports prepared by the California Office of Historical Preservation, Preservation Planning Bulletin 4(a), December 1989. AB52 compliance shall also be included in the scope of services.

4.5 Noise Study
The Noise Study shall include a written report (with photos of the site) identifying short- and long-term noise impacts, and any mitigation measures required to reduce these impacts to less than significant. Deliverables: CEQA IS/MND, Responses to Comments, Copies of Studies, Correspondence.

Task 5. Final Design Reports and Studies
Consultant shall provide final Design Reports and Studies necessary to complete the project. The following recommendations may be necessary:

5.1 Utility Coordination
Review and verification of facilities that may be in conflict based on results of potholing; relocation of any existing utilities determined to be in conflict; liability for all utility conflicts; agreements as necessary; issuance of notices to relocate as necessary.

5.2 Geotechnical Design Report
Structural conditions and recommendations that may include over excavation and recompaction areas or surcharges; all necessary analysis for proper design of the project objectives, R-values of subgrade material and the structural section of the roadway using the latest traffic index.

5.3 Supplemental Design Surveys
Provide potholing map as necessary for utility surveying in the field; establish potholing location and record elevations of any utilities located.

5.4 Storm Water Pollution Prevention Plan (SWPPP)
In compliance with National Pollution Discharge Elimination system (NPDES) requirements as well as Construction General Permits; address project’s risk level; provide Notice of Intent (NOI) and assist with uploading NOI & SWPPP into the “SMARTs” system.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 241
Exhibit “A”-5
11303-0008\2431284v2.doc
Deliverables: Utility Correspondences (i.e. Relocation Claim Letters, Agreements, Notice to Relocate, etc.), Final Studies/Reports.

Task 6. Final Design Plans, Specifications and Estimates Consultant shall prepare a complete set of improvement plans compatible with AutoCAD 2019. PS&E submittals will be required at the 60%, 90% and 100% design intervals. The plans shall include a cover sheet with all sheets using the City title block and prepared in accordance with the regulations and standards of the City of Banning. At a minimum, the plans shall include the following new, modification or relocation of existing improvements:
· Street Improvements
· Grading
· Easement Documents
· Sidewalk, Curb & Gutter
· Retaining Walls and/or Structures
· Storm Drain
· Landscape & Irrigation
· Signing & Striping
· Erosion Control and Storm Water Pollution Prevention Plan (if necessary) · Construction Options, Phasing and Detour Plans
· Street Lighting, Traffic Signals and Modifications
· Utilities
· Intersecting Street Designs
· Driveway Approaches
· Record of Existing Survey Monuments
· Other Related Work
Consultant shall address all plan check comments, to the satisfaction of the City Engineer. Final Plans shall be submitted on 24” X 36” mylars Deliverables: 60%, 90%, 100% PS&E Submittals, Final PS&E, Electronic Versions of each Submittal.

Task 7. Permitting
Consultant shall investigate and process all required permits if necessary, including, but not limited to the following: Riverside County Flood Control & Water Conservation District, National Pollution Discharge Elimination System, U.S.

Army Corps of Engineers, California Department of Fish and Wildlife, State of California Water Resources Control Board, and Regional Conservation Authority.

Deliverables: Correspondence with Various Agencies, Permit Applications and Final Permits
Task 8. Bidding/Construction Support
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 242
Exhibit “A”-6
11303-0008\2431284v2.doc
Consultant shall be available during the advertisement and construction of the project to answer RFI’s as well as prepare necessary addenda. The consultant shall plan to attend, at a minimum, the following meetings: pre-bid meeting and preconstruction meeting. The Consultant shall review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or re-submittal within reasonable time of receipt. Upon written authorization from the City, consultant shall provide engineering design services for revisions to construction documents resulting from changed or unforeseen conditions, or other change order work required due to actions of the City. The Consultant shall assume a minimum of eight (8) site visits during construction as requested by the City. Upon completion of the project, the consultant shall use information based on redlined information provided by the contractor and the City to prepare as-built plans. As-built plans shall be submitted to the City within one (1) month of receipt of as-built plans.

Deliverables: Meeting Attendance, Response to Bidder’s/Contractor’s RFIs, Design Addenda, Submittal Reviews, As-Built Plans
II. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:

A. In-person meetings or teleconference.

B. Email updates/questions to applicant team and City while reviews are underway.

C. Conference calls.

III. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 243
Exhibit “B”-1
11303-0008\2431284v2.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 244
Exhibit “B”-2
11303-0008\2431284v2.doc

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

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

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 6/23/2020
245
Exhibit “B”-3
11303-0008\2431284v2.doc

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 246
Exhibit “C”-1
11303-0008\2431284v2.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates.

TASK DESCRIPTION SUB-BUDGET

1. Project Management $19,970

2. Project Development $26,206

3. Preliminary Engineering Design $76,154

4. Environmental Documentation $159,470

5. Final Design Report and Studies $67,250

6. Final Design, Specifications and Estimates $183,236

7. Permitting $11,130

8. Bidding/Construction Support $5,000
TOTAL $548,416.05
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for Services shall not exceed $548,416.05 as provided in Section 2.1 of this Agreement.

V. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 247
Exhibit “D”- 1
11303-0008\2431284v2.doc
EXHIBIT “D”

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

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 248
Exhibit “D-1”- 1
11303-0008\2431284v2.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 249
5 Section D. Project Schedule
ID Task Name Duration Start Finish Predecessors
1 Contract Award 0 days Mon 6/1/20 Mon 6/1/20
2 Project Kick‐Off Meeting 0 days Mon 6/1/20 Mon 6/1/20 1 3 Task 1 ‐ Project Management 550 days Mon 6/1/20 Fri 7/8/22 4 1.1 ‐ Coordination and Meetings (Prepare Agendas and Minutes) 550 days Mon 6/1/20 Fri 7/8/22 2 5 1.2 ‐ Prepare Monthly Progress Reports and Work Plans 550 days Mon 6/1/20 Fri 7/8/22 2 6 1.3 ‐ Coordination with Stakeholders and Agencies 300 days Mon 8/31/20 Fri 10/22/21 2 7 Task 2 ‐ Project Development 120 days Mon 6/1/20 Fri 11/13/20 8 2.1 ‐ Data Collection and Site Reconnaissance 30 days Mon 6/1/20 Fri 7/10/20 2 9 2.2 ‐ Survey and Aerial Topographic Mapping 30 days Mon 7/13/20 Fri 8/21/20 8 10 2.3 ‐ Utility Research and Base Mapping 30 days Mon 7/13/20 Fri 8/21/20 8 11 2.4 ‐ Public Outreach 60 days Mon 8/24/20 Fri 11/13/20 10 12 Task 3 ‐ Prelinimary Engineering Design 90 days Mon 8/24/20 Fri 12/25/20 13 3.1 ‐ Roadway Geometric Approval Drawing (GAD) 90 days Mon 8/24/20 Fri 12/25/20 10 14 3.2 ‐ Preliminary Roadway Drainage Plans 90 days Mon 8/24/20 Fri 12/25/20 10 15 Task 4 ‐ Environmental Documentation 450 days Mon 5/4/20 Fri 1/21/22 16 4.1 ‐ Traffic Impact Analysis 180 days Mon 12/28/20 Fri 9/3/21 13 17 4.2 ‐ Air Quality and Greenhouse Gas 180 days Mon 12/28/20 Fri 9/3/21 13 18 4.3 ‐ Biological Study 325 days Mon 5/4/20 Fri 7/30/21 19 4.4 ‐ Cultural Study and Paleontological Report 65 days Mon 5/4/20 Fri 7/31/20 20 4.5 ‐ Noise Study 180 days Mon 12/28/20 Fri 9/3/21 13 21 4.6 ‐ CEQA Documentation 100 days Mon 9/6/21 Fri 1/21/22 16,17,18,19,20 22 Task 5 ‐ Final Design Reports and Studies 180 days Mon 6/1/20 Fri 2/5/21 23 5.1 ‐ Utility Coordination 30 days Mon 6/1/20 Fri 7/10/20 2 24 5.2 ‐ Supplemental Design Survey 30 days Mon 12/28/20 Fri 2/5/21 13 25 5.3 ‐ Storm Water Pollution Prevention Plan (SWPPP) 60 days Mon 8/24/20 Fri 11/13/20 10 26 Task 6 ‐ Final Design Plans, Specifications and Estimate 380 days Mon 12/28/20 Fri 6/10/22 27 Preparation of 60% Plans 120 days Mon 12/28/20 Fri 6/11/21 13 28 City Review of 60% Plans 30 days Mon 6/14/21 Fri 7/23/21 27 29 Preparation of 90% PS&E 90 days Mon 7/26/21 Fri 11/26/21 28 30 City Review of 90% PS&E 30 days Mon 11/29/21 Fri 1/7/22 29 31 Preparation of 100% PS&E 60 days Mon 1/10/22 Fri 4/1/22 30 32 City Review of 100% PS&E 30 days Mon 4/4/22 Fri 5/13/22 31 33 Approval of PS&E Package 20 days Mon 5/16/22 Fri 6/10/22 32 34 Task 7 ‐ Regulatory Permitting 180 days Mon 1/24/22 Fri 9/30/22 21 35 Task 8 ‐ Bidding / Construction Support 30 days Mon 10/3/22 Fri 11/11/22 34 6/1
6/1
May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Qtr 3, 2020 Qtr 1, 2021 Qtr 3, 2021 Qtr 1, 2022 Qtr 3, 2022 Sun Lakes Blvd. Extension in the City of Banning