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12 C41880 - Mariposa Landscaping for LMA1
Contract No.C41880 STAFF REPORT CITY OF PALM DEERT PUBLIC WORKS DEPARTMENT MEETING DATE: October 14, 2021 PREPARED BY: Randy Chavez, Landscape Supervisor Bertha Gonzalez, Management Analyst REVIEWED BY: Andy Ramirez, Deputy Director of Public Works REQUEST: Award Contract No. C41880 for Landscape Maintenance Area (LMA) No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-month period for the monthly amount of $40,319 or $483,828.00 annually, and include repair work and services for an annual amount not to exceed $100,000 (Project No. 901-22) ______________________________________________________________________ Recommendation By Minute Motion: 1) Award Contract No. C41880 for Landscape Maintenance Area (LMA) No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-month period for the monthly amount of $40,319 or $483,828.00 annually; 2) Authorize irrigation, plant, and related extra work and services for an annual amount not to exceed $100,000; 3) Authorize the Mayor to execute the agreement; and, 4) Authorize the City Manager to approve change orders associated with this contract based on staff’s recommendations. Funds are available in the General Fund Account No. 1104614-4337001, Repair/Maintenance Medians. Strategic Plan Landscape Maintenance Area No. 1 is an on-gong maintenance activity and, as such, contributes to the overall objectives of the Strategic Plan including quality of life and reducing water consumption. Background Analysis On May 14, 2019, the City Council awarded Landscape Maintenance Area. No. 1, for a thirty- six-month period, to Urban Habitat (Urban) of Palm Desert, California. Urban successfully maintained LMA 1 the first year of their contract term. Unfortunately, due to Urban’s labor shortages, the contractor was unable to successfully fulfill the terms of the contract entering the second year of service. After numerous accountability meetings with Urban stemming from inspections, public Contract No. C41880 October 14, 2021 – Staff Report Award C41880 to Mariposa Landscapes, Inc. for LMA 1 (Project No. 901-22) Page 2 of 4 complaints, and deteriorating landscape conditions, staff consulted with the City Attorney regarding ending its Agreement with Urban. Therefore, on July 27, 2021, the City issued a Notice of Termination based on section 3.4.1 of the agreement which “allows the City to terminate the agreement without cause by giving 7 days’ notice.” As a result, the City Manager authorized an Administrative Contract for a period not to exceed three (3) months with Mariposa Landscapes, Inc. of Irwindale, California for a monthly cost of $16,636. The term of the Agreement is from August 1, 2021, through October 31, 2021. This Administrative Contract was a stopgap measure to allow the City sufficient time to formally advertise a Notice Inviting Proposals (NIP) for LMA 1 and ensure basic landscape and irrigation maintenance services. Landscape Maintenance Area No. 1 is the most visible landscaped area providing the first impression to visitors entering the City of Palm Desert. It consists of street medians, highway medians, parkways, and facilities as far south as the Mesa View Fire Station and as far north as the Washington On/Off ramps. As such, keeping these areas properly maintained is paramount to preserving the City’s image. Historically, maintenance contracts have been awarded to the lowest bidder. However, with a low bid selection process, staff found contractors artificially lowering their bid to secure a contract and then failing to perform the work expected set forth by City standards. To address this issue, staff modified the selection process, in concurrence with the City Attorney, to select contract services based on best qualifications and reasonable cost. This selection process requires a review of professional experience, a projected work plan, and qualified labor to determine the best-qualified firm. Staff also included a cost sheet for plant material and irrigation repairs to be submitted with the cost proposal. Staff has found that this approach helps keep cost to a minimum and streamlines the installation and repair process. This type of maintenance work routinely has an unquantifiable occurrence rate. For example, work to cover damage due to vandalism, improvements damaged during auto incidents, or parts that simply wear out. It would be very difficult to anticipate these in exact quantity for bid pricing. However, having an hourly rate or price per item, up front helps avoid artificially inflated price quotes. This also helps to eliminate having multiple contractors working on the same site at the same time and eliminates any “passing of the buck” for damages that may occur during this type of repair work. Staff issued a Notice Inviting Proposals through the local newspaper as well as through the City’s online bid management provider, PlanetBids. On September 22, 2021, five (5) proposals were received. A selection committee that included three (3) staff members, one (1) from Community Services, one (1) from Landscape Services, and one (1) from the Maintenance and Operations Division, reviewed the proposals and ranked the proposals based on: • Clarity and Conformance of the proposal. • Content of the proposal, including the work plan. • Proposer’s experience and performance. • Comments by references. Contract No. C41880 October 14, 2021 – Staff Report Award C41880 to Mariposa Landscapes, Inc. for LMA 1 (Project No. 901-22) Page 3 of 4 • Fee Proposal. The selection committee ranked the proposals numerically as follows: CONTRACTOR LOCATION SCORE ANNUAL COST RANKING Mariposa Landscapes, Inc. Irwindale, CA 93.7 $483,828.00 1 Conserve Landcare Thousand Palms, CA 92.3 $448,740.00 2 Excel Landscape, Inc. Corona, CA 87.0 $596,400.00 3 KLS Inc. Indio, CA 85.0 $429,576.00 4 Elite Customs Construction Hemet, CA 66.7 $539,400.00 5 After a detailed analysis, staff determined that Mariposa Landscapes, Inc. provided the highest quality of service required to meet or exceed City standards. This includes adequate levels of maintenance workers and qualified irrigation technicians. Although Mariposa’s annual cost is not the lowest bid, their cost level was found to be in proper range for the highest level of services required by the City. The cost increase can be attributed to rising labor cost and increased service frequency from monthly maintenance to weekly services. Based on this review, staff recommends awarding the LMA 1 contract to Mariposa Landscapes, Inc., for a period of 56 months (November 1, 2021, to June 30, 2026), with an option of two, one-year extensions. The request to authorize funds for extra work and additional services is to cover the unquantifiable activities that may arise or are necessary for landscape maintenance services. This work includes items such as the repair and replacement of irrigation and landscape lighting equipment, emergency tree work, replacement of trees and shrubs, pest control, accident or vandalism repair, replacement of damaged signs, water conservation, repairing and replacing site furnishings, performing enhancement work, and related work. When a need for extra work arises, the contractor who maintains an established LMA is generally the least expensive and the quickest to respond since their staff is already on site. In addition, staff has found that problems arise when an outside contractor is asked to perform work in an area maintained by another contractor. Utilizing the same contractor for the maintenance and extra work fosters continuity and reduces the likelihood of potential conflicts. Furthermore, this notice inviting proposals (NIP) obtained set pricing for all related repairs and extra services. Fiscal Analysis The Landscape Services Division approved budget for Fiscal Year 2021-2022 included $260,000 for the monthly maintenance of LMA 1, and $60,000 for additional work; a total of $320,000. The first year of this 5-year contract (8 months) will be for the amount of $322,522, plus $65,000 for extra work. This will be an additional cost of $131,384.39 for the Fiscal Year 2021-2022. Contractor / Services Budget Expenses Time Frame Excess Contract No. C41880 October 14, 2021 - Staff Report Award C41880 to Mariposa Landscapes, Inc. for LMA 1(Project No. 901-22) Page 4 of 4 Urban Habitat - Monthly Maintenance Mariposa - Intermediate Maintenance *Mariposa - Monthly Maint *Mariposa - Extra Work Totals 'Current Fiscal Year Amount $320,000 $ 13,924.39 �, .. .�: �� ` $322,552.00 $ 65,000.00 $320,000 $451,384.39 1 month 3 months 8 months $131,384.39 At this time, staff is not requesting an appropriation of funds to cover the excess amount since it is expected to be offset by potential savings from other maintenance accounts. However, a mid-year budget review will be conducted to determine if a mid-year adjustment is needed. Future years will be budgeted accordingly during the annual budget request process. LEGAL REVIEW N/A DEPT. REVIEW .�lndy Firestine FINANCIAL REVIEW ASSISTANT CITY MANAGER �a.�,,�'?'�. ?'�002� .�lndy Firestine Robert W. Hargreaves Andy Firestine Janet M. Moore Cit Attorne Assistant City Manager Director of Finance Andy Firestine y y Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hi�ev�.aw CTTY COUNCILACTION � APPROVED � DENiF.D RECEIVED OTHER CONTRACTOR ATTAC H M E NTS: Mariposa Landscapes, Ir�tEET}��G, D' f� ��`� -�'�� - 6232 Santos Diaz StreetAYES�LS�t��� �, ,�,;, (� i11�11t1/JillG.`�KECL � Irwindale, CA 91702 NOES• ��« � ABSENT: ������ Agreement Ai3STAIN: �����r' - � Payment & Performance'�RdBIED BY• -���f�� //� x� Contractor's Proposal Qriginal on Flle with City �lerk's Office Vicinity Map Revised 11-2-20 BBK 72500.00001\32374943.1 - 1 - CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT LANDSCAPE MAINTENANCE AREA 1 CONTRACT NO. C41880 1. PARTIES AND DATE. This Agreement is made and entered into this 14th day of October, 2021 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and Mariposa Landscapes, Inc., a Corporation, with its principal place of business at 6232 Santos Diaz Street, Irwindale, California 91702 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Landscape Maintenance Area 1 project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 1, 2021, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 2 - and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall 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. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Andy Ramirez, Deputy Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Terry Noriega, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 3 - 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars (250.00) per day, per incident for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 4 - remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 5 - applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 6 - (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Fidelity Coverage. Reserved. (F) Cyber Liability Insurance. Reserved. (G) Pollution Liability Insurance. Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 7 - business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 8 - sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 9 - requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 10 - specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 11 - 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall not exceed Four Hundred Eighty-Three Thousand Eight Hundred Twenty- Eight dollars ($483,828.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 12 - failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 13 - respective parties may provide in writing for this purpose: Contractor: Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, CA 91702 Attn: Terry Noriega City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 14 - shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 15 - in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. Reserved. [SIGNATURES ON NEXT PAGE] Revised 11-2-20 BBK 72500.00001\32374943.1 - 16 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARIPOSA LANDSCAPES, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney REVIEWED BY: _________________________________ Andy Ramirez Deputy Director of Public Works _________________________________ Andy Firestine Assistant City Manager MARIPOSA LANDSCAPES, INC. A CORPORATION [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 17 - Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 - 18 - Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit A - 1 ATTACHMENT “C” FREQUENCY LEGEND AND SCHEDULE Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit B - 1 ATTACHMENT “D” VICINITY MAP Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 1 EXHIBIT “C” COMPENSATION- ADDITIONAL WORK PRICING SCHEDULE [In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.] Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 2 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the “Contractor”) an agreement for Landscape Maintenance Area 1 (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 14, 2021, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Four Hundred Eighty-Three Thousand Eight Hundred Twenty-Eight DOLLARS, ($483,828.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 3 the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 5 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 6 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 7 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 14, 2021 has awarded to Mariposa Landscapes, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Landscape Maintenance Area 1 (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 14, 2021 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Four Hundred Eighty-Three Thousand Eight Hundred Twenty-Eight Dollars ($483,828.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 8 or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 9 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 10 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 11 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment 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. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Contract No. C41880 Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit C - 12 CONTRACT FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2021-2022 Hwy 111Hwy 74 Charger SculpturePortola MedianMesa View Fire StationMonterey Medians and PlanterFred Waring Medians and ParkwayTown Center Way MediansCook Street MediansHovley Lane East MediansPortola Median and ParkwayVia Cinta MedianPhyllis Jackson ParkwayEl Dorado MedianWashington Street MediansCorporation YardMagnesia Falls Medians and ParkwayTown Center Way Fire StnPortola Fire StationCountry Club Drive medians and Planter Cook Street mediansFrank Sinatra mediansDinah Shore mediansGerald Ford medians and planterWashington Street and I-10 rampsPortola Ave mediansUniversity Park medians and roundaboutsAcademy Lane EaseWindflower CourtRemove all plant litter, dog droppings, debris, and trash; blow or sweep all sidewalks D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Empty and clean trash receptacles, replace liners D D D D D PEST CONTROL Weed Abatement D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Aphid control on oak trees Gopher Abatement D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Fruit set control on olive trees K Prune shrubs, hedges, ground covers (including bougainvillea) and remove accumulated litter under plant material D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Safety-prune plant material D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Remove plant flower stalks D D D D D D D D D D D D D D D D D D D D D D D D D D D D D TREES Safety-prune and remove suckers D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Mow all turf areas including edging and detailing. Mow sports fields while predominantly Bermuda Mow non-sports fields while predominantly Bermuda Detail and edge Fertilize Aeration Overseed Rake planter and all DG areas and remove debris from cobble F F F F F F F F F F F F F F F F F F F F F F F F F F F F F Wash monuments and signs I I I IRRIGATION SYSTEM Irrigation inspection, adjustment, and repair D D D D D D D D D D D D D D D D D D D D D D D D D HARDSCAPE AND DECOMPOSED GRANITE (DG) AREAS TURF PLANT LITTER / TRASH ABATEMENT PLANT MAINTENANCE LMA 1 MAINTENANCE ACTIVITY LMA Contract Frequency Schedule Legend A Daily, 7 days per week, by 10:00 a.m. B Daily, Monday through Friday by 1:00 p.m. C Daily, before close of business (5:00 p.m.), Monday through Friday D Weekly, before close of business (5:00 p.m.), on Friday E Three times per week by 10:00 a.m. ( Monday, Wednesday, Friday) F Bi-weekly (every two weeks) G Monthly (Twelve times per year, every month) H Bi-monthly (Six times per year, every two months) I Quarterly (Four times per year) J Semi-annually (Two times per year) K Annually (One time per year) L Seasonal M As needed to maintain planters, plant material health, aesthetics, and/or public safety N Weekly O October 1 through April 30, once monthly; May 1 to September 30, every 2 weeks; Except turf and annual color areas which are always weekly P Monthly, from May to October (Six times per year) Q October 1 through April 30 every other week; May 1 through September 30, weekly R October 1 through May 30, three times weekly (Monday, Wednesday, Friday), before 10:00 a.m.; June 1 through September 30, once a week S Daily, before 7:00 a.m., Seven days a week T Two times per week on non-consecutive days U Continuously, November 1 through March 31; monthly, April 1 through October 31 V Weekly, April 1 through October 31; monthly, November 1 through March 31 W Daily by 1:00 p.m. Contract No. C41880 LANDSCAPE MAINTENANCE AREA NO. 1 Contract No. C41880 Project No. 901-22 CONTRACTOR'S COST PROPOSAL BY LOCATION TO 1�7Gr��l THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL CITY OF PALM DESERT, "CITY OF PALM DESERT" 09/15/2021 PROPOSER: Mariposa Landscapes, Inc. "CONTRACTOR° The undersigned declares that he/she has carefully examined the Contract Documents and Addendums No. (s) 01 that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the respective firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the Contract Documents and shall be inclusive of all costs for the Proposer to accomplish the work. The costs of any work shown or required in the Contract Documents, but not specifically identified as a Contract Pay Item are included in the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Contract Documents. For each Site, referenced here as a"Unit" the maintenance cost per unit shall be indicated by month, annual cost as well as the total four (4) year contract cost. The total contract proposal for the entire 56 months shall be indicated for informational purposes only. CONTRACTORS PROPOSAL PRICE BY LOCATION Exhibit "C" UNIT PRICE SITE 1 2 [c3 SITES DESCRIPTION Highway 111 Medians and Parkways HWY 74 Medians and Parkway Charger Sculpture Revised 11-2-20 BBK 72500 00001\32374943 1 TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERM PRICE (56 Months) 1 1 1 -2�- $ 3,753.00 $ 45,036.00 $ 210,168.00 $ 1,564.00 $18,768.00 $ 87,584.00 $ 94.00 $1,128.00 $ 5,264.00 Contract No. C41880 SITE SITES`DESCRIPTIO,N 4 Mesa View Fire Station 73-200 Mesa View Drive 5 Monterey Avenue Medians and Planters 6 Fred Waring Drive Medians and Parkway 7 Town Center Way Medians 8 Cook Street Medians 9 Hovley Lane East Medians 10 Portola Avenue Medians and Parkway 11 Via Cinta Median 12 Phyllis Jackson Parkway 13 EI Dorado Drive Medians 14 Washington Street Medians and Planters 15 Corporation Yard 74-705 42nd Avenue 16 Magnesia Falls Medians and Parkway 17 Town Center Way Fire Station 44-400 Town Center Way 18 Portola Avenue Fire Station 73-995 Country Club Drive 19 Country Club Drive Medians and Planters 20 Frank Sinatra Drive Medians 21 Dinah Shore Drive Medians , UNIT:PRICE , _. _ TOTAL ' ` MONTHLY ANNUALLY CONTRACT UNIT (s) �.. Unit Price ` `Unit Price ' TERM;PRICE (56Months) 1 $ 454.00 $ 5,448.00 $ 25,424.00 1 $ 4,238.00 $ 50,856.00 $ 237,328.00 1 $ 3,738.00 $ 44,856.00 $ 209,328.00 1 $ 47.00 $ 564.00 $ 2,632.00 1 $ 2,393.00 $ 28,716.00 $134,008.00 1 $1,861.00 $ 22,332.00 $104,216.00 1 $1,251.00 $15,012.00 $ 70,056.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $1,017.00 $12,204.00 $ 56,952.00 1 $1,017.00 $12,204.00 $ 56,952.00 1 $ 219.00 $ 2,628.00 $12,264.00 1 $1,501.00 $18,012.00 $ 84,056.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $109.00 $1,308.00 $ 6,104.00 1 $ 4,739.00 $ 56,868.00 $ 265,384.00 1 $ 2,909.00 $ 34,908.00 $162,904.00 1 $ 360.00 $ 4,320.00 $ 20,160.00 Rewsed 11-2-20 _ 2� _ BBK 72500 00001\32374943-1 Contract No. C41880 SITE $ITES DESCRIPTION 22 Gerald Ford Drive Medians and Planters 23 Washington Street Off/On Ramos 24 University Park Center Medians and Roundabouts 25 Academy Lane East 26 Windflower Court TOTAL UNIT PRICE TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERM PRICE (56 Months) 1 $ 2,799.00 $ 33,588.00 $ 156,744.00 1 $ 4,692.00 $ 56,304.00 $ 262,752.00 1 $ 1,173.00 $ 14,076.00 $ 65,688.00 1 $ 94.00 $ 1,128.00 $ 5,264.00 1 $ 63.00 $ 756.00 $ 3,528.00 $ 40,319.00 $ 483,828.00 $ 2,257,864.00 TOTAL AMOUNT FOR 56 MONTH PERIOD IN FIGURES: $ 2,257,864.00 TOTAL CONTRACT AMOUNT FOR 56 MONTH PERIOD IN WORDS: Two Million Two Hundred Fifty-Seven Thousand Eight Hundred Sixty-Four pollars and Zero Cents In the event of a conflict between the numbers give in figures and in words, the words shall control. IN WITNESS WHEREOF CONTRACTOR executed this Pro osal as �f date set fo�th: L ,)._��( Signature of Proposer. �- C \;�_�� (must be notar zed) Signer's Name: Terry Norieqa, President Company Name� Mariposa Landscapes, Inc. Date: 09/15/2021 Revised 11-2-20 - 22 - BBK 72500 00001\32374943.1 ACKNOWLEDGMENT 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. State of California County of Los Angeles On September 15th before me, Brandon )ames Williamson, Notary Public (insert name and title of the officer) personally appeared Terry Noriega 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 � _��� .�.�� 4,c?,,,' rN BRANDON JAMES WtLUAM50N '� : Notary Public • Califomia � � Los Angeles Counry � + Commission p 2354892 ( � ��. �"'� My Comm. Expires Apr 19, 2025 / (Seal) ' Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 Contract No. C39850 Project No. 901-22 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL ADDITIONAL WORK PRICING SCHEDULE �_\3�17 Additional Laborer Additional Irrigator Additional Foreman $ 41.00 per hour $ 54.00 per hour $ 53.00 per hour At City of Palm DeserYs discretion, additional work may be paid for using the contractual hourly rate for labor listed above with a 15% mark up on materials or by using the unit pricing listed below. PLANT MATERIAL REPLACEMENT Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1-Gallon Shrub Installed 5-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* $11.00 $ 34.00 $130.00 $ 395.00 Note: Anything over 24" box size will be paid at the contractual hourly rate for labor, and materials at cost plus a 15% mark-up. *Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree, staking (if needed), securing with cinch ties, and adjusting repairing, or retrofitting irrigation IRRIGATION SYSTEM REPAIR Contractor to complete the Price column on the Irrigation Price Sheet. The cost is for parts and labor for common repairs that will be paid during the term of the contract. If prices appear to be inconsistent with industry standards, City of Palm Desert staff may negotiate costs with vendor prior to awarding project. Repairs not listed on the Price sheet will be paid at the hourly rate indicated above and with a 15% mark-up on materials. Revised 11-2-20 _ 24 _ BBK 72500.00001 \32374943.1 THIS IS A RE�UIRED FdRM TO BE SUBMIYTEfl WITH PROPOSAL ��[rri�ation Price Sheet (Installed) CONTRACTOR: il . �IBowsmith SL200 Senes Emittcr =IRainbird Xeri Huu Emilters XBT-XX ��Rambird Xen BuR Emitters l+�' XBT-XX <I Rainbird Poly�flex Riur PFRJFRA �'Rainbird 1400 Senes Bubblers i�Sthedule 80 Nipple 8° r� kRainbiidQwckCouulerVaL+n3�RC 3�' �.+IRam6ud Quick Ccucler Vahod-RC 1' ,:IRaro Bnd EFB- CP Senn Valve 1' :�I I Ram Hud Plas��c vatve cn olace (PE8) 1` ��I I 12 Ram B�rd Plasnc �alve ia Dbce IPEBI 1 1�2- �a�?" Ram Bud o:u6c valve m nha(PE8) 2' ��IComplele Rain6ird XCZ-0`15 Kit aw- �.IComokte XC2-100 [Cit r ��II!�j'SuperiorGlobeBrassValve{Mazter ��,Z, �:I?" Supenar G1obe Brass Val��e z` r.ICalsenx Flow Meter i 5- : I r2" PIuK �i l+2"Cao ::�Swm� Joint Assemblv Marlex r� Swint; Joini Assembly Sch 4� >� DIG DC Latching S,,'.enmd wuhAdapeer :� RainbirdSolenoid r. Hunter Hyb,rd Conanl er SS anh solar panel 6 Snuorts Valve Box Ramd Tiv: IU' > I Valve Bos Standard Tan t2`a�i• - - -- :�Yalve Bor lumhu Tan t)'�o' „� e� �l Ill li Seblw�! $5.87 $5.68 $5.68 $5.62 $6.17 $6.50 � j{ $156.001 $178.00 $285.00 $zza.oa $260.00 $296.00 $228.0� $372.00� $351.00�{ $403.001 $595.00 $7.60 $7.82 $16.30 $15.50 $69.60 $19.00 $729.00 $121201 $141.00� $163.00 Atl arices ipctude narts, timellabor at nre��ailine waee ratey ner the Contrnctar u Exire Labor work (adddional�vork) `1 hour $54.00 $54.00 �� Tiou6le Shooung •per �alvc flar sensa, w eqwvalent I 1 valve $54.00 $54.00 I „ Drip Lne & Emitter, Lateral break, etc �Labor+Part;) I1 feet $4.48 $4.48 � 39 �Y.�+�-++� nAwfo all o� aw.-.�n� P+�+. 1�.a.s.an� �nup Ra 6d! u�mi�\.n\ k q�pr �..t o{.r<u� Ty�--_ ��l�i`" �f�� ` _'�M 9/ 2/2021 Ciry inspecwr S��narere & Date � Conuano� Siyna�v� & Daie Approccd�op�aad Q u.a=�w.+.��-*n�u�.. fmttters Valves MlsceJlaneous Paris 'esra Quamin SuboW 1 1 $7.60 1 $7.82 1 $16.30 1 $18.50 1 $69.60 1 $19.00 1 $729.00 1 $12120 1 $141.00 1 $163.00 ZONE: Prtc $5.87 $5.68 $5.68 $5.62 $6.17 $6.50 $156.00 $178.00 $285.00 $228.00 $260.00 $296.00 $228.00 $372.00 $351.00 $403.00 $595.00 M E'� R 1 P O L A N D S C A P E S ��i � , #��*� •� �� �� � � S A I N C Request for Proposals For City of Palm Desert For Landscape Maintenance Area No. 1 Project No. 901-22 Contract No. C41880 Bid Due: Wednesday, September 22, 2021 at 2:00 PM � CA CONTRACTOR'S LIC # 592268 A, G27, D-49 6232 Santos Diaz St., IRWINDALE, CA 91702 •TEL 800•794•9458 •FAX 626•960•8477 www.mariposa-ca.com Our Core Values — Safety • Teamwork • Quality • Integrity M A R L A N D S C 1. Cover Letter September 15, 2021 City of Palm Desert Randy Chavez, Landscape Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 1 P A P E O S A S I N C RE: Request for Proposal for Landscape Maintenance Area No. 01, Contract No. C41880 Thank you for the opportunity to submit our proposal. Mariposa Landscapes, Inc. looks forward to the competitive process and hopes to be the successful bidder We have been in business for over 40 years, providing similar services for other cities and counties. Our depth of knowledge and level of experience in our management and supervisory personnel is unmatched by our competitors. Our area of operation is the entire Southern California region where we maintain numerous cities, counties, municipalities, government agencies, and private entities. Pest Control Advisors, Certified Irrigators, Certified Landscape Techs and Certified Arborists are found throughout our field employee teams. The "Contractor's Cost Proposal by Location" (Exhibit C) conflicts in part with the sample "Maintenance Services Agreement" (Contract) relating to "Term" for this RFP. Exhibit C provides a place for extending 56 months for a total value, but the Contract refers to a Term from November to June of 2022. The Mariposa proposal provides pricing through the first term of the Contract, with the expectation of applicable CPI discussion prior to renewals. It is our intention to perform this contract per the requirements as indicated in the proposal documents. Furthermore, our proposal includes an adequate level of labor, materials, and equipment to sustain a high level of landscape maintenance throughout the term of this contract. We look forward to providing professional landscape maintenance services for the City of Palm Desert and its residents, with the best interest in the well-being of the community and its appearance. Respectfully, ` ' ..l "�- �'�,l.it_ � � � Terry Noriega, President � �� - - CA CONTRACTOR'S LIC # 592268 A, C 27, D 49 6232 Santos Diaz Street, Irwindale, CA 91702 •TEL 800•794•9458 •FAX 626•960•8477 www.mariposa-ca.com Our Core Values — Safety • Teamwork • Quality • Integrity �� Executive Summary Mariposa Landscapes, Inc. offers the City of Palm Desert unique qualifications with a high level of experience to fulfill all requirements of this RFP. It is our goal to provide you with professional maintenance service with the emphasis on excellent results. Results are what we as a contractor and the City of Palm Desert will ultimately be judged by. We intend to provide clean, safe, and well-maintained areas that the city and its residents can be proud of. All required services for the City of Palm Desert will be provided from our Bermuda Dunes yard location. Our yard is located approximately 6 miles from the City of Palm Desert. Approach The Project Estimator and the Account Manager review the project specifications and visit the project site(s) to develop a work plan for the completion of the project per specifications. A meeting including the Account Manager with key personnel responsible for carrying out the work, is held to discuss and coordinate how the project work will be performed. Prior to commencement of contract work, we will thoroughly inspect and document any deficiencies. After this is completed for each location, we will provide a detailed list. During the meeting, the Account Manager communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include: • Project requirements per specifications. • Record keeping documents and availability of necessary forms • Review methods, sequence of work tasks and timeline. Preparatory Site Inspection The Account Manager performs a quality inspection of the work area and: • Assesses the required work to be done per specifications. • Verifies field measurements. • Assures availability of required equipment and materials to complete the project. • Identifies potential problems and develops an action plan to resolve them. Scheduling Mariposa Landscapes, Inc. will submit a detailed schedule that includes all the routine activities. After submission and approval of this schedule, we will be ready to start work. Authorized Individual to negotiate agreement terms and compensation: Terry Noriega, President Address: 6232 Santos Diaz St., Irwindale, CA 91702 Ph: (626) 960-0196 Our Core Values — Safet� • Teatnwork • Quality • Integrit� 2 �� Table of Contents 1. COVER LETTER ...................................................................................................................................... 1 2. CERTIFICATION OF PROPOSAL ........................................................................................................... 4 3. EXPERIENCE AND TECHNICAL COMPETENCE ................................................................................... 5 4. FIRM STAFFING AND KEY PERSONNEL .............................................................................................. 11 5. PROPOSED METHOD TO ACCOMPLISH WORK ................................................................................ 13 6. FEE PROPOSAL ..................................................................................................................................... 16 7. APPENDICES ......................................................................................................................................... 21 Our Core Valtties — Safety • Teamwork • Qualit� • Integrity 39 �� 2. Certification of Proposal The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP. Our Core Values — Safety • Tec�mwork • Qiialit� • Integrit� 4 �� 3. Experience and Technical Competence a. Background Mariposa Landscapes, Inc. is a full-service landscape company with vast experience performing large scale landscape maintenance similar in size and scope to that requested in this RFP for over 40 years. We understand our client's priorities and do everything in our power to honor the trust they place in us. In 1977, Terry Noriega established Mariposa Landscapes in Rosemead, California, by providing landscape maintenance and installation for custom residential and small commercial clients. After five years, he created the Public Works Maintenance Division, in 1989 the Public Works Construction Division was added, and in 1987, a Tree Care Division was formed. Mariposa Landscapes reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company changed their business name back to Mariposa Landscapes, Inc. 7he company currently has a workforce of over 600 in California and Arizona combined. Mariposa Landscapes, Inc. offers landscape instaliation, iandscape construction, tree trimming, arbor care, and interior landscape services. In addition to the required C-27 license, we carry A, C-61/D-49, and C-31 licenses. This diversity of capabilities and proven expertise is not found with other landscape maintenance competitors. We partner with our clients to achieve a common goal. From simple to complex projects, we coordinate our vast array of expertise to create the project our clients envision. Award-winning craftsmanship, in depth knowledge and high standards of professionalism are applied at every level of work. Our organizational structure with local accountabilities, and strategicaliy located operating yards, have also helped us to deliver the highest levels of service and quality to our clients. Oi�r Core Valaces — Safet� • Teamzvork • Qa�ality • Integrit� 5 �� Our Services Landscape Maintenance • Private, Commercial, Public Works and Homeowner Associations • Large Scale Mowing Operations • Chemical, Mechanical, and Manual Weed Control. • Landscape Pest Control. • Year-round Fertilization Application. • Preparation of Requests for Proposal. • On-site Estimates • Parking Lot Sweeping Tree Care • On-site Diagnosis and Tree Work Recommendation • Consultative Services with Certified Arborists. • Development of Long-term Tree Care Programs. • Large-scale Tree Trimming Removal. • Diagnosis and Treatment of Tree Diseases and Pest Problems. • Stump Grinding and Disposal of Trimmings. • On-site Estimates Landscape Construction • Site Preparation, Demolition, Grading and Drainage. • Irrigation Systems Installation, Repairs & Upgrades. • Computerized Irrigation Central Control Systems. • Irrigation Pump Installation. • Native Plant Restoration and Habitat Rehabilitation. • Hydro seeding, Sod planting. • Tree, Shrub, & Ground-cover planting. Hardscape Construction � Concrete Poured-in-Place, Reinforced, Stamped and Seat Walls. • Flagstone, Tile, Masonry and Block Walls. • Drainage and Overhead Construction. • Water Feature Pond Installation & Repair. • Monuments and Signage. • Low Voltage Lighting Design and Installation. ���,,.,_ __ _ _._. il f ....., . � _ _ _ _, � ..c�:' � #e�v�t� a�1�`-. Q' �; , •,�: �--�—� _ t e�,r:liS=�= . - _� ���� ���� ,���.:-',�,. � i`� � . _,.�..- � "� � s ,�ti t sa 3��r ���� _`"' "'" _ _ . . �F.h"�.Y � _3�� Our Core Values — Safety • 7'eamwork • Qi�alit�� • Integrity 6 ��1�������� F�����t� ����r� th� �i��ael� -GITY C"r °�U�=;�.fi:�K �e in�e��stment awrg maka ir� tharcughf�f tr�ining aur em��+l+����es transiate_ t� ud�c�rk that makes'f4ua pr��e�ty—and ���u — I�,ok g�sod. z� :, - 5... ; �_�: , �-: :� ,, :...4.: - j:5.f� �4!�"L mx � .. , . ,¢!�;,i'...�.i+:�<,; .. . . _ `���'�--..:i .. :-- �.-: � ._-. �� Our Core Vali�es — Sc�fet� • Teamwork • Qiialit�� • Integriti� 7 - - �.�....�.:}-..�..:_...�� ..___' '_-'......._.�..�. _ _-_ ...._ __._... . 11%C IICY�� G:L L�IC k+�'e kn��� hv+t� €Fuc�al +�ur u��rk is t� �h� }ucce� oE�raua site� a�e ��urt��u5r �r€���rtw_'u��e �nderst�n-� ycua pr�crities an�1 �io �e�er�tk�ie-�g �e��is�6e�it@�us an,dl i n ouF p���o er t€a hve�or uh� trust }�au pla �e in �rs. dfl gr�a� avor�' . �.- -� . . � ��-�: .. �� , � `� . _. � � ��. � i. - -- �- - - ���-. , j � � , � " �.. � ���+ �-.- 'I� ,1�4 -: .. 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Fr��n si�rrrFd� tc t�m�pl�� �rc�jE�t=� �tia� e �aar�dfin�t? �a��r k�a� dFea� �f sert���s te� ��ee�t� ti�� F�r�aA��ct y��ou �r���i�i�n. .w�r�ar�-��rain�rirsg tr�fAsm�n,ship, in d=�t3� kn��ao l�d.�� dr,d I��igh s��n�:an�s €�f praf�ssi�r�dli=_�m _are dppli�d' t� eyr�r�� 1�e•val +�fi t�+�+�r{� � � � �i' . .. _ � y��-,kd�'� • .�.., � �-� � � a��. „ < , � �t�� ,� �=� �"� Y� '� `�, $' � � y. #h ; 1 A _*3e � � + � � � �� - _ � y� ., ��� `:3 . a^ ' +�'F'�#��,$� � ��:'s _ :����.�`� .� ��,_ : __ �,�� '� �; Tha r�k �r�� fi€i r��9pi r�.g �� ��� thrc�u�'� th� dr�Lo��t. Y��� �.taff �+1�r1c�d �i�rd ta� rne�t �ur '4h�'��� R f��d� �I ��i C� �G �[�,�I� �r�hil� ��e�9n� c��r si�e� ���th��#i��fG� pC���i�.�,�.': —CI'tk' [�F ULEtdC��'�L[ � � �; ,� �a w i � � �� �.� ��' ��~-` -� 4 4 � � � � �� ' i �, . .1�r� _ ._ ',�i� � �,�� g�. ,fr;�li '�' ,�3 � w� �' � �� �,;:, � . , � ,.'; _ ._. . . a.� � u�4 �. .__, � _ Our Core Values — Safet� • Teamwork • Quality • Integrity 8 �� Organization Memberships, StafF Qualifications and Certifications We are dedicated to having the best-trained workforce in the industry. As members of the California Landscape Contractors Association, we participate in the training programs offered by this industry organization. The CLCA sponsors a rigorous "hands-on" test administered under actual field conditions. With only a 20% first time pass rate, only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. All of the managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity in Southern California has achieved this many certifications. We are members of the following organizations: • CACM (California Association of Community Managers) • CAI Orange County (Community Association Institute) • CAI Los Angeles (Community Associations Institute) • CAI Greater Inland Empire (Community Association Institute) • CAI Coachella Valley (Community Association Institute) • ASA (American Subcontractors Association) • BIA Southern California (Building Industry Association) • BIA Orange County (Building Industry Association) • BOMA IE (Building Owners and Managers Association) • CLCA (California Landscape Contractors Association) • ISA (International Society of Arboriculture) • CAPCA (California Association of Pest Control Advisors) Califoriva . Landscape Contractors ,,., Association �`�pUSTRY,qs,S o�, s �-� _ °z m ,•: ' e o���F/ERN CP���Q2 �.... � �j �IA,, � � American Subcontractors �;` Association 'I'I�� BOMA iN��N,�>>�M!'ll�t� BUSINE55 PARTNER •���� community ASSOCIATIONS INSTITUTE Licensing and Certifications • California Contractor License 592268 C27, A, C61/D49, C31 • Certified Arborists on staff • Certified Tree Workers on staff • Tree Work — Line Clearance Certified • Tree Work — Line Clearance Certified Instructor • Certified Playground Equipment Inspectors • Certified Water Auditor • Certified Backflow Inspectors • Licensed Pest Control Company/Pest Control Advisor • Certified Pest Control Applicators on staff ORIST= I � .-.._- �. ��_ . _.'-- �ISA: Our Core Valices — Safeti� • Teamwork • Qualit�� • Integrity � �� b. References Here at Mariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients. Below are cities for which we provide landscape maintenance services. Additional references are available upon request. Name: Coachella Valley Water Disti-ict Contact: Mike Munoz Phone: [760) 578-6471 Email: mmunQzL�cvwd.or�, Address: 51501 Tyler St., Coachella, CA 92236 Contract Term: Current Landscage sei-vices of 40 District sites around the Valley: Sec-vices include plant litter, trash Description: control, weed cotitrol, plant maintenance, tree mainteiiance, hardscape maintenance, planter maintenance and irrigation system inaiiitenanGe. Narae: Desert Hot S�rit�gs Contact: Nicholas Haecker Phone: (651� 902-9987 Email: nhaeckerC�citvofclhs.or�� Address: 65-950 PieisQn Blvd., Desert Hot Springs, CA 92240 Cvntract Term: Curt�ent Landscapes tnainteiiance af Zvnes S and 2. Duties include weed control, CI72Yi11Cc11 COI1tI'�l, DBSCTIFt1011: t7lc'illt I'Ep18CBIIlE?Tl�, fertilization, hedge pruning/ti�iiniYining, ti•ee inaintenanGe, 11�2Y' 2iI1C1 debris pickup anci wall.-�vay clearance. Naine: Phone: Address: Description: Mame: Fltone: Address: City af Ne�vport Seach Contact: �evin Pekar• (949) 644-31.97 Email: knek�t-Ln7ne�vnc�t-tUeacl�ca.aav 592 Superiot• Ave. Newport Be�ch, CA 92660 Cantiact: C�uz•ent Lanciscape Maintenance: Irrigation maintenance, turf maintenance, groundcover mainten�nce, shrub, vine and tree maiirtenance, hardscape maintenance, sand/wood chip area uiaintenance, driuking fountain maintenauce and specialty/sports atl�letic area maiutenance. City of Mor-eno Valley [951) 413-3485 14177 Fredei�ick St., Mot-eno Valley, CA 92552 Cantact: Dan Monto Email: danieli��C�moval.or� Contract Term: Ctu�rei�t Landscape Maiiitenance- Irrigatioiz, inot,ving, edging, trimming, fertilization at�d care Qf turf, DBSCTl�]t1017: �I'Oi1t1C�CdV@I' c1TlC1 SI]I'Ll�JS. TI'Be I2131I1t@Il'�IlC@ ?I1Cl jJI'llIllTl�, I1Lt2T" �I]Cl CIE}JT'15 I'B1IlOVc'11, pest contral set-��ices including tiveeds, insects, pests and diseases. Name: City af Rancho Cucamanga Cantact: Steve Relph Phone: (909) 477-2�30 *4116 Email: steve.relnhCc�citvafr�c.us Address: 9153 9t1� St., Rc'lI1C�]O C11C'�lllOIlgc'i, GA 91730 CUl]tPc`iCt TBTIlI: CL1T'I'2I]x Landscape Maintenance of Medians and Parl.-ways: Sht�ub, grottndcovet-, vine and landscape Description: tnulch maint., tree maititenan�ce, pest contral, hardscape �naintenace, i-estrariY� maintenance and di-inking fountaii� maitYtenance. Our Core Values — Safety • Teamwork • Qualit� • Integrity 10 �� 4. Firm Staffing and Key Personnel a. Staffing Number of staff to be assigned, identification and responsibilities. Names Roberto Aguilera T.B.D. Amulfo Aguilera T.B.D. T.B.D. JoU Tikle 1�umber of fitaff Dlinimum Espeizence and Resnonsibilitti; Superoisor Foreman Irrigation Technician Pest Applicator Laborers Over 10 years of experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work in the 1 landscape industry. Will be one ofthe primary contacts �vith the City of Palm Desert and will be responsible for all aspects of project management. 2 1 W ill have a minimum of 10 years of experience in all aspects of maintenance operations including carrying out weekly schedules, documenting, communicating work reports and hazardous conditions. Minimum 7 years of experience in all aspects of irrigation trouble shooting, repair and installation. CLT—Maintenance and Irrigation. W ill have extensive experience with Calsense �ystems Will 6e responsible for all spraying of pre and postemergent, 1 insecticides as needed, broadleaf control and all other sprayingtasks. They will report directly to Mariposa's Account Manager and the City of Palm Desert representative. 3 IWill have minimum 3 years' experience in all aspects of maintenance operations. *Above listed personnel are subject to change upon award of contract Mariposa Landscapes, Inc. has the experience and capacity to provide additional personnel as needed. Our many successful years in providing similar maintenance services for the public entities, enables us to be the most responsive and qualified firm who will be committed to providing the best level of service in maintaining the City of Palm Desert Area No.1. b. Key Personnel Andres Perez-Account Manager Andres will be the person in-charge and responsible for project management, communication with Foreman, Supervisor, and primary contact with the City of Palm Desert. Andres is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Our Core Values — Safety • Teamwork • Qti��alitl� • Integrity 11 �� Roberto A�uilera-Supervisor Roberto will be responsible for carrying out daily tasks and weekly schedules as well as ensuring that the work crews are doing the same. He will be responsible for documenting and communicating work reports and hazardous conditions. He will be in constant communication with Andres Perez, the Account Manager, as well as all personnel involved. Roberto is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-troughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. c. Team Organization (1j Irrigation Technician (1} Pest Contral Operator City af Palm Desert Andres Perez Acc�ur�t t4rJanager RaberiQ Aguilera Field ,Supervisa�- (1) Foreman (1-2) La barer5 *Please refer to Staffing Chart for identification and responsibilities of all personnel. d. Subcontractors Mariposa Landscapes, Inc. will not utilize any subcontractors and will conduct all contract work with its own work force. Our Core Values — Safety • Teamwork • Qi�alit� • Iritegrit� 12 �� 5. Proposed Method to Accomplish the Work It is our intention to perform this contract per the City requirements as indicated in the proposal documents. We are confident that we will be able to improve over the current level of landscape maintenance that is being provided for the City of Palm Desert. Our proposal includes an outstanding level of labor, materials, and equipment to sustain a high level of landscape maintenance throughout the term of this contract. Project Startup and Quality Control Coordination Meeting The Project Estimator and the Account Manager review the project specifications and visit the project site(s) to develop a work plan for the completion of the project per specifications. A meeting including the Account Manager with key personnel responsible for carrying out the work, is held to discuss and coordinate how the project work will be performed. Documentation Prior to commencement of contract work we will thoroughly inspect and document deficiencies. After this is completed for each location, we will provide a detailed list of deficiencies discovered. We will also include a proposal for restoring the area to its original condition if applicable. This will be the quickest and most cost- effective way to bring the areas up to the specified standards. During the meeting, the Account Manger communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include: • Project requirements per specifications. � Record keeping documents and availability of necessary forms • Review methods, sequence of work tasks and timeline. Preparatory Site Inspection The Account Manager performs a quality inspection of the work area and: • Assesses the required work to be done per specifications. • Verifies field measurements. • Assures availability of required equipment and materials to complete the project. • Identifies potential problems and develops an action plan to resolve them. Scheduling Mariposa Landscapes, Inc. will submit a detailed schedule that includes all the routine activities. After submission and approval of this schedule, we will be ready to start work. Labor 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. Mariposa has in its employment licensed arborists that handle all tree work, inspections, and quality control for the company. Oi�r Core Values — Safety • Teamzvorlc • Qualit� • Integrii�� 13 �� Communication and Yard Location All communications will be routed through our main office and dispatch center. A 24-hour "800" number will be provided to the City of Palm Desert. Mariposa Landscapes will use all the current communication methods such as two-way radios and cellular phones. Our response time will meet or exceed the City's expectations. Our office is open for communications from 6:OOam to 4:OOpm, Monday-Friday and we are available 24 hours a day through the answering service to address emergency call outs. We have a full support staff of inechanics that can respond to emergencies immediately and a depth of replacement equipment that will allow us to stay consistent with our schedules. Work in Process Quality Inspection For each work task, the Account Manager performs an initial work in process inspection when the first portion of the work activity is completed. The Account Manager performs ongoing work in process quality inspections to ensure that the work tasks continue to conform to the project quality requirements. Work Task Completion Inspection Completion inspections are performed for each work task before starting other work activities. Any outstanding punch items remaining after the work task completion inspection is deemed a nonconformance. Control of Punch Items and 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. If we cannot meet contract specifications, the customer will be notified, and customer approval of corrective action is required before proceeding. Mariposa Landscapes, Inc. systematically prevents recurrences to improve quality. First, management monitoring is put into place to assure 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. Oi�r Co7�e Values — Sc�fet� • Teamzuork • Quality • Integrity 14 �� Project Description Mariposa Landscapes, Inc. will assign one Supervisor who will be responsible for communicating with the crews in the field. He will also communicate with the Account Manager who will be in direct contact with the City representative. The Supervisor and the Account Manager will ensure that the standard of work reflects the requirements written in the scope of work, Should issues arise, the Account Manager will propose work and address the City representative for approval. Mariposa Landscapes, Inc. is proposing a 7 FTE size crew, which includes 1 irrigator, 3 foreman, and 3 labor. Initial schedule will be available to the city representative and will be available throughout the duration of the contract. The crew will be assigned in accordance with required tasks, as described in the scope of work, and the task schedule provided by the city. All workers/ crews assigned to the City of Palm Desert contract will arrive at various locations per the tasks and per the schedule (to be submitted upon start of contract). o General/Daily Maintenance —Such tasks include trash/litter, visual inspections, leaf and debris control and any other daily/routine tasks shall be performed by on-site workers assigned to this contract. o Specialty areas-Tasks and less frequent tasks shall be performed by both the on-site workers and/or other Mariposa crew(s)/staff assigned to this contract. o Weed Control — Manual weed control, along with chemicals, will be utilized for this contract. Any manual weed control shall be performed by the crew designated to this contract and any chemical application requiring certifications shall be performed by crew member(s) with proper qualifications (ie. QAC, QAL). o Landscape Maintenance- Such tasks include tree, shrub, vine, and ground cover trimming and maintenance shall be performed by crew designated to the contract, The on-site crew will perform all aspects of the maintenance requirements. o Fertilization- All fertilization shall be performed per the schedule. The City will be notified in advance of application days and locations. The crew assigned to the contract will be responsible for fertilization application and ensuring that the approved product type and rates are applied as per the City's requirements. All fertilizer application requirements will be performed to ensure that the fertilizer was applied and cleaned up properly. All applications will be recorded and identified per the city's requirements. o Pest & Rodent Control- Such control shall be performed by crew member(s) with proper qualifications on an on-going basis or per the recommendations of our in-house PCA. We will utilize IPM per the City's requirements along with ensuring that all safety and regulatory measures are taken for the safety of the general public and for our employees. All required reports and recording of chemical use will be documented and submitted as required. o Irrigation Maintenance- Such maintenance, including inspections, maintenance and troubleshooting shall be performed by the assigned Irrigation Technicians. Irrigation testing will be performed per the schedule to ensure proper functioning of irrigation system. Our crews are trained and equipped with proper equipment to perform the landscape maintenances tasks per the specifications. Mariposa is committed to providing professional services that the City of Palm Desert requires. Our Core Values — Safet� • TeamworJc • Qtiality • Integrity 39 �� 6. Fee Proposa) Our Core Vali�es — Safety • Teamwork • Qtiality • Integrity 16 Contract No. C41880 LANDSCAPE MAINTENANCE AREA NO. 1 Contract No. C41880 Project No. 901-22 CONTRACTOR'S COST PROPOSAL BY LOCATION TO 1�7Gr��l THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL CITY OF PALM DESERT, "CITY OF PALM DESERT" 09/15/2021 PROPOSER: Mariposa Landscapes, Inc. "CONTRACTOR° The undersigned declares that he/she has carefully examined the Contract Documents and Addendums No. (s) 01 that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the respective firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the Contract Documents and shall be inclusive of all costs for the Proposer to accomplish the work. The costs of any work shown or required in the Contract Documents, but not specifically identified as a Contract Pay Item are included in the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Contract Documents. For each Site, referenced here as a"Unit" the maintenance cost per unit shall be indicated by month, annual cost as well as the total four (4) year contract cost. The total contract proposal for the entire 56 months shall be indicated for informational purposes only. CONTRACTORS PROPOSAL PRICE BY LOCATION Exhibit "C" UNIT PRICE SITE 1 2 [c3 SITES DESCRIPTION Highway 111 Medians and Parkways HWY 74 Medians and Parkway Charger Sculpture Revised 11-2-20 BBK 72500 00001\32374943 1 TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERM PRICE (56 Months) 1 1 1 -2�- $ 3,753.00 $ 45,036.00 $ 210,168.00 $ 1,564.00 $18,768.00 $ 87,584.00 $ 94.00 $1,128.00 $ 5,264.00 Contract No. C41880 SITE SITES`DESCRIPTIO,N 4 Mesa View Fire Station 73-200 Mesa View Drive 5 Monterey Avenue Medians and Planters 6 Fred Waring Drive Medians and Parkway 7 Town Center Way Medians 8 Cook Street Medians 9 Hovley Lane East Medians 10 Portola Avenue Medians and Parkway 11 Via Cinta Median 12 Phyllis Jackson Parkway 13 EI Dorado Drive Medians 14 Washington Street Medians and Planters 15 Corporation Yard 74-705 42nd Avenue 16 Magnesia Falls Medians and Parkway 17 Town Center Way Fire Station 44-400 Town Center Way 18 Portola Avenue Fire Station 73-995 Country Club Drive 19 Country Club Drive Medians and Planters 20 Frank Sinatra Drive Medians 21 Dinah Shore Drive Medians , UNIT:PRICE , _. _ TOTAL ' ` MONTHLY ANNUALLY CONTRACT UNIT (s) �.. Unit Price ` `Unit Price ' TERM;PRICE (56Months) 1 $ 454.00 $ 5,448.00 $ 25,424.00 1 $ 4,238.00 $ 50,856.00 $ 237,328.00 1 $ 3,738.00 $ 44,856.00 $ 209,328.00 1 $ 47.00 $ 564.00 $ 2,632.00 1 $ 2,393.00 $ 28,716.00 $134,008.00 1 $1,861.00 $ 22,332.00 $104,216.00 1 $1,251.00 $15,012.00 $ 70,056.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $1,017.00 $12,204.00 $ 56,952.00 1 $1,017.00 $12,204.00 $ 56,952.00 1 $ 219.00 $ 2,628.00 $12,264.00 1 $1,501.00 $18,012.00 $ 84,056.00 1 $ 78.00 $ 936.00 $ 4,368.00 1 $109.00 $1,308.00 $ 6,104.00 1 $ 4,739.00 $ 56,868.00 $ 265,384.00 1 $ 2,909.00 $ 34,908.00 $162,904.00 1 $ 360.00 $ 4,320.00 $ 20,160.00 Rewsed 11-2-20 _ 2� _ BBK 72500 00001\32374943-1 Contract No. C41880 SITE $ITES DESCRIPTION 22 Gerald Ford Drive Medians and Planters 23 Washington Street Off/On Ramos 24 University Park Center Medians and Roundabouts 25 Academy Lane East 26 Windflower Court TOTAL UNIT PRICE TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERM PRICE (56 Months) 1 $ 2,799.00 $ 33,588.00 $ 156,744.00 1 $ 4,692.00 $ 56,304.00 $ 262,752.00 1 $ 1,173.00 $ 14,076.00 $ 65,688.00 1 $ 94.00 $ 1,128.00 $ 5,264.00 1 $ 63.00 $ 756.00 $ 3,528.00 $ 40,319.00 $ 483,828.00 $ 2,257,864.00 TOTAL AMOUNT FOR 56 MONTH PERIOD IN FIGURES: $ 2,257,864.00 TOTAL CONTRACT AMOUNT FOR 56 MONTH PERIOD IN WORDS: Two Million Two Hundred Fifty-Seven Thousand Eight Hundred Sixty-Four pollars and Zero Cents In the event of a conflict between the numbers give in figures and in words, the words shall control. IN WITNESS WHEREOF CONTRACTOR executed this Pro osal as �f date set fo�th: L ,)._��( Signature of Proposer. �- C \;�_�� (must be notar zed) Signer's Name: Terry Norieqa, President Company Name� Mariposa Landscapes, Inc. Date: 09/15/2021 Revised 11-2-20 - 22 - BBK 72500 00001\32374943.1 ACKNOWLEDGMENT 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. State of California County of Los Angeles On September 15th before me, Brandon )ames Williamson, Notary Public (insert name and title of the officer) personally appeared Terry Noriega 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 � _��� .�.�� 4,c?,,,' rN BRANDON JAMES WtLUAM50N '� : Notary Public • Califomia � � Los Angeles Counry � + Commission p 2354892 ( � ��. �"'� My Comm. Expires Apr 19, 2025 / (Seal) ' �� 7. Appendices Our Core Values — Safety • Teamzvork • Qi�cclity • Integriti� 21 �� a. Litigation Mariposa Landscapes Inc. Pending and Settled litigation Name Claim/Case No. Date Court . , . . , . , . YP � .... ... ...... ............ ...�....,..... ., .. ,., ... ..,.., � .,:.,,,.. , .. ., ., . .. ,..., .,. . , . ....... .,._,.... . . .,..... , tatus e Kesselring v. City of Palmdale MCO25984 November 7, 2016 Superior, Los Angeles Dismissed 6-9-17 GL M. Chavarria v. Mariposa gC690689 January 24, 2018 Superior, Los Angeles Dismissed 7-1-19 Empl. Landscapeslnc. Cartwright v. City of San Dimas BC660950 June 5, 2018 Superior, Los Angeles Dismissed 10-2-19 GL Arvallo v. City of Corona RIC1810846 June 6, 2018 Superior, Riverside Dismissed GL Hansell v. City of Rancho CIVDS1725721 February 21, 2019 Superior, San Bernardino Dismissed 05-Z1-20 GL Cucamonga Aronson v. City of Palm Springs PSC1902825 April 24, 2019 Superior, Riverside Dismissed GL Flores v. City of Burbank 19STCV02043 September 5,2019 Superior, Los Angeles Pending GL Our Core Values — Safety • Teamwork • Qi�alit� • Integrit� 22 �� � b. Project Team Resumes Mariposa has experienced dedicated professionals who make up the management and supervisory personnel. All employees receive ongoing training through a detailed training program. The combination of qualified dedicated management and well-trained workers enables us to provide professional levels of landscape installation and maintenance. Luis Valenzuela- Maintenance Division Mana�er 0 22 years of experience in landscape and construction operations o Qualified Applicator Certificate: Category B o Certified Landscape Technician: Irrigation o Certified Arborist: International Society of Arboriculture: # WE-8713A o Certification — Effective Business Leadership & Development — PDC/GCC Luis Valenzuela is the Landscape Maintenance Division Manager for the Southern California region. He will be the person overlooking the Account Manager. He will also be one of the primary contacts for the City of Palm Desert. Luis has over 22 years of work experience in the landscape and construction operation conducting and overseeing Public Works, Commercial and Residential work. He brings forth vast experience in all aspects of irrigation: maintaining, repairing and diagnosis, Maintenance and Arbor care. Luis is responsible for all aspects of project management with an emphasis on safety, high quality work, operational efficiency, and exemplary customer service. He, along with the Account Manager and Supervisor, also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Andres Perez- Account Mana�er o Over 20 years of experience in the landscape industry o Qualified Applicator License: Category B o Certified Landscape Technician: Irrigation o Certificate — Irrigation Design o Certificate — Irrigation Troubleshooting o CVAG Overseeding Certificate Andres will be the person in-charge and responsible for project management, communication with Foreman, Supervisor, and primary contact with the City of Palm Desert. Andres is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Our Core Values — Safety • Teamwork • Qualit� • Integrit� 23 �� Roberto Aguilera- Supervisor 0 12 years' experience in the Landscape Maintenance o Internal Company Certification Landscape Irrigation Troubleshooting o Certificate - Coachella Valley Water Management Seminar o Certificate of completion on Reclaim Water Management 0 5 years' experience using Calsense and Rain Bird o Certified Landscape Technician: Ornamental Maintenance Roberto will be responsible for carrying out daily tasks and weekly schedules as well as ensuring that the work crews are doing the same. He will be responsible for documenting and communicating work reports and hazardous conditions. He will be in constant communication with Andres Perez, the Account Manager, as well as all personnel involved. Roberto is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Andres Verdugo- Irrigation Tech 0 10 years in Landscape Maintenance o Qualified Applicator License: Category B T.B.D.- Pesticide Application o Will have a minimum of 5 years of experience in all aspects of chemical application and safety regulations. T.B.D.- Tree Prunin� and Maintenance o Will have a minimum of 5 years of experience in all aspects of tree pruning and maintenance. Oiir Core Vali�es — Safet�� • Teamzuork • Quality • Integrit� 24 �� c. Changes to Agreement Mariposa Landscapes, Inc. has no objections and does not request any changes to be made to the standard contract language. Oiir Core Values — Safety • Teamwork • Qualit� • Integrity 25 �� Required Forms Our Core Valices — Safet� • Teamwork • Qualit�� • Integrity 26 Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA N0. 1 Project No. 901-22 Contract No. C41880 THIS IS A RE�UIRED FORM TO BE SUBMITTED WITH PROPOSAL PROPOSED PROJECT WORK SCHEDULES PROPOSER(S) SHALL CREATE AND ATTACH A PROPOSED WORK SCHEDULE FOR LANDSCAPE MAINTENANCE AREA NO. 1 BY LOCATION. LOCATIONS ARE SHOWN ON CONTR,4CTORS PROPOSAL PRICE BYLOCATION. Please see attached Re��s�a,�-2-zo - 23 - BBK 72500.00001\32374943.1 ................. IUno�iamo�puiM % x x x x x I�se3 aue� Awape�b x x x x x x + s�noqepunoy pue sueipa�ry ialua� �ied Alivanw� x x x x x x I Isowey u0/NOlaai�5 uo�EuiyseM x x x x x x Iva�ue�d pue sueipay� anua pioi PIe�aS x x x x x x Isueipay� anua a�oy5 yewp % I x x x x x Isueipay.�anupei�eui5�ueij x x x x x x Ivalue�d pue sueipaW anpp qnpM1nuno7 ', x x x x x Ianup qnp A��uno7 566EC uoqe�S a�ii anuany e�ouod x x x x x x IAeM ia�ua7 umol00POb uoi�el5 aiij AeM ialua� umoy x x x x x IAemryied pue sueipay.� s��ej eisau5e�ry % xl x x x Ianuantl P�ZV SOL-bL P�eA uaneiodio, x x x I x x x I va�ue�d Pue sueipaW �aai�5 uo�5uiysery. � sueipay� aniip opeiop 13 xll I I x x x x x � x x x I x x I x � v � I Aem�ied uas„�ef sill�4d I �, U x x x x x x N L I �eiPaW emp ein ' ''� � x x x � Aem�ied pue sueipa�ry anuany e�oyod x I x x x � I x x x x x x d Isueipayy �se3 aue� Aa�noH x x x x x x Isueipayy laai�5 Hoo7 x x x x x x Isueipay�7 M1eM ia�ua7 umoy x x x x x x IAem�ied pue sueipay.� anua �uueM paij x x x x x x Isia�ue�d pue sueipay� anuanyAaialuoy� x x x x x x anpp mai� esay� OOZ-EC ��ne�s a,�i ma�� esaW ainld�n�5ia8ie4� IAem�ied pue sueipay.� bL AMH x x x x x x , IsAem�ied pue sueipay.� Ztl Aemye�H x x x x x x , H�om �o Aep ' � � 3 � LL � � 3 � ,. � r- 3 r�- LL � � 3 r ,� � � 3 � LL � r 3 � LL E o v a _ � ¢` o Q a � � ~ _ - a 6 a � i n Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 Contract No. C39850 Project No. 901-22 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL ADDITIONAL WORK PRICING SCHEDULE �_\3�17 Additional Laborer Additional Irrigator Additional Foreman $ 41.00 per hour $ 54.00 per hour $ 53.00 per hour At City of Palm DeserYs discretion, additional work may be paid for using the contractual hourly rate for labor listed above with a 15% mark up on materials or by using the unit pricing listed below. PLANT MATERIAL REPLACEMENT Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1-Gallon Shrub Installed 5-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* $11.00 $ 34.00 $130.00 $ 395.00 Note: Anything over 24" box size will be paid at the contractual hourly rate for labor, and materials at cost plus a 15% mark-up. *Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree, staking (if needed), securing with cinch ties, and adjusting repairing, or retrofitting irrigation IRRIGATION SYSTEM REPAIR Contractor to complete the Price column on the Irrigation Price Sheet. The cost is for parts and labor for common repairs that will be paid during the term of the contract. If prices appear to be inconsistent with industry standards, City of Palm Desert staff may negotiate costs with vendor prior to awarding project. Repairs not listed on the Price sheet will be paid at the hourly rate indicated above and with a 15% mark-up on materials. Revised 11-2-20 _ 24 _ BBK 72500.00001 \32374943.1 THIS IS A RE�UIRED FdRM TO BE SUBMIYTEfl WITH PROPOSAL ��[rri�ation Price Sheet (Installed) CONTRACTOR: il . �IBowsmith SL200 Senes Emittcr =IRainbird Xeri Huu Emilters XBT-XX ��Rambird Xen BuR Emitters l+�' XBT-XX <I Rainbird Poly�flex Riur PFRJFRA �'Rainbird 1400 Senes Bubblers i�Sthedule 80 Nipple 8° r� kRainbiidQwckCouulerVaL+n3�RC 3�' �.+IRam6ud Quick Ccucler Vahod-RC 1' ,:IRaro Bnd EFB- CP Senn Valve 1' :�I I Ram Hud Plas��c vatve cn olace (PE8) 1` ��I I 12 Ram B�rd Plasnc �alve ia Dbce IPEBI 1 1�2- �a�?" Ram Bud o:u6c valve m nha(PE8) 2' ��IComplele Rain6ird XCZ-0`15 Kit aw- �.IComokte XC2-100 [Cit r ��II!�j'SuperiorGlobeBrassValve{Mazter ��,Z, �:I?" Supenar G1obe Brass Val��e z` r.ICalsenx Flow Meter i 5- : I r2" PIuK �i l+2"Cao ::�Swm� Joint Assemblv Marlex r� Swint; Joini Assembly Sch 4� >� DIG DC Latching S,,'.enmd wuhAdapeer :� RainbirdSolenoid r. Hunter Hyb,rd Conanl er SS anh solar panel 6 Snuorts Valve Box Ramd Tiv: IU' > I Valve Bos Standard Tan t2`a�i• - - -- :�Yalve Bor lumhu Tan t)'�o' „� e� �l Ill li Seblw�! $5.87 $5.68 $5.68 $5.62 $6.17 $6.50 � j{ $156.001 $178.00 $285.00 $zza.oa $260.00 $296.00 $228.0� $372.00� $351.00�{ $403.001 $595.00 $7.60 $7.82 $16.30 $15.50 $69.60 $19.00 $729.00 $121201 $141.00� $163.00 Atl arices ipctude narts, timellabor at nre��ailine waee ratey ner the Contrnctar u Exire Labor work (adddional�vork) `1 hour $54.00 $54.00 �� Tiou6le Shooung •per �alvc flar sensa, w eqwvalent I 1 valve $54.00 $54.00 I „ Drip Lne & Emitter, Lateral break, etc �Labor+Part;) I1 feet $4.48 $4.48 � 39 �Y.�+�-++� nAwfo all o� aw.-.�n� P+�+. 1�.a.s.an� �nup Ra 6d! u�mi�\.n\ k q�pr �..t o{.r<u� Ty�--_ ��l�i`" �f�� ` _'�M 9/ 2/2021 Ciry inspecwr S��narere & Date � Conuano� Siyna�v� & Daie Approccd�op�aad Q u.a=�w.+.��-*n�u�.. fmttters Valves MlsceJlaneous Paris 'esra Quamin SuboW 1 1 $7.60 1 $7.82 1 $16.30 1 $18.50 1 $69.60 1 $19.00 1 $729.00 1 $12120 1 $141.00 1 $163.00 ZONE: Prtc $5.87 $5.68 $5.68 $5.62 $6.17 $6.50 $156.00 $178.00 $285.00 $228.00 $260.00 $296.00 $228.00 $372.00 $351.00 $403.00 $595.00 Contract Na. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 Contract No. C41880 Projeck No. 901-22 THIS IS A RE�UIRED FORM TO BE SUBMITTED WITH PROPOSAL WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES 1. COMPANY NAME: Mariposa Landscapes, Inc. 7YPE OF ENTITY: � Sole proprietor • Partnership + Gorporation X 2. COMPANY ADDRESSIPHONE NUMBER: MAIN OFFICE: �� SanMs I�ia� St Irwin�ialP (;A 91702 LOCAL OFFICE OR DISPATCH FOR THIS CONi'RACT: 78355 Darby Rd., Bermuda Dunes, CA 92203 EMERGENCY CONTACT PERSON; Name: Andres Perez Phone: (626) 395-3050 3. CONTRACTOR LICENSE INFORMATION: • LICENSE NUMBER/CLASSIFlCATI�NlNAME STYL.�: #592268, Class A, C27, C61/D49, C31 � NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: 44 � LICENSE EXPIRATION DATE; 04/30/2022 • CURRENT LICENSE STATUS: Active ReHsed 17-2-20 � +�� _ 88K 72500.00001L32374843.1 Contract No. C41880 • PRIOR ACTIONS AGAINST THIS LICENSE? None IF YES, LIST CITATION TYPE AND HOW RESOLVED: N/A 4. COMPANY'S FEDERAL IDENTIFICATION NO.: 95-4245898 5. NAME AND TITLE OF COMPANY OFFICERS: Terry Noriega, President Antonio Valenzuela, Secretary Theresa Lu, Chief Financial Officer 6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES: 44 7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 33 8. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 25 9. CURRENT LANDSCAPE MAINTENANCE OPERATIONS THE CITY OF PALM DESERT RECOGNIZES THAT THE INFORMAT/ON PROVIDED BYANSWERING THIS QUESTION (QUESTION 9) IS PROPRIETARY IN NATURE, AND IF THE PROPOSER ELECTS THAT THIS INFORMATlON BE KEPT CONFIDENTIAL, IT MUST BE SUBMITTED IN A SEPARATE ENVELOPE MARKED "CURRENT LANDSCAPE MAINTENANCE OPER,4TIONS"AND SUBMITTED SEALED WITHIN THE PROPOSAL. � TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 210 � PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 90% � PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: 0.4% • TOTAL DOLLAR VALUE OF CURRENT LANDSCAPE MAINTENANCE CONTRACTS:51 Million � NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE OPERATIONS (Assigned to this Contract) Revised 11-2-20 _ 26 _ BBK 72500 00001\32374943 1 Contract No. C41880 � Title � Supervisor � Irrigation Technician � Foremen � Laborer Number 1 1 3 3 Hours per Week 24-32 40 40 40 • TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO THIS LANDSCAPE MAINTENANCE OPERATIONS (Include sample photos): ➢ MOTOR VEHICLES • TYPE: Pick-up Trucks NUMBER: 2-3 • TYPE: Utility Body Trucks NUMBER: 2 • TYPE: Flat Bed Trucks NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: ➢ EQUIPMENT TYPE: Backpack Blower TYPE: Hedgetrimmer TYPE: Weedeater TYPE: Pressure Washer TYPE: TYPE: ➢ NON-POWER EQUIPMENT TRAILERS • TYPE: • TYPE: OTHER NUMBER: 2 NUMBER: 2 NUMBER: 2 NUMBER: � NUMBER: NUMBER: NUMBER: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AND HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial) =�j �/� ��� Revised 11-2-20 _ 27 _ BBK 72500.00001\32374943.1 Contract No. C41880 10. REFERENCES � LIST THREE (3) REFERENCES CURRENTLY OR SUCCESSFULLY COMPLETED WI7HIN THE LAST FlVE (5) YEARS. ONE REFERENCE MUST BE fROM A PUBLIC AGENCY OTHER THAN CITY OF PALM DESERT AND INVOLVE WORK OF SiMILAR SCOPE. ONE OF THE THREE (3) REFERENCES MAY BE FROM THE CITY OF PALM DESERT. REFERENCES MUST BE OF EQUAL OR GREATER SCOPE TO THIS CONTRACT_ THE FOLLOWING QUESTIONS MAY BE ASKED OF EACH REFERENCE: • Dves the contractor have adequately trained staff in order to meet the contract requirements? • Is the contractor's equipment in good working ordei'? • Does the contractor communicate in a timely and effective manner? • Does the contractor respond to complaintlrequests in a timely fashion? • Does the contractor resolve deficiencies without assessing contractual fines and/or deficiencies? Rersea ii•2•2o = 2$ � BBK 72500.00�01132374943 5 Contract No. C41880 REFERENCES AGENCY AND CONTACT CONTRACT SITE CONTRACT AMOUNT 1 Coachella Valley Water District 40 District sites around $476,160.00 Contact: Mike Munoz the Valley. Ph (760) 578-6471 Email: mmunoz@cvwd.org ' Desert Hot Springs Contact: Nicholas Haecker Ph: (661) 902-9987 Email: nhaecker@cityofdhs.org Landscape Maintenance Zones 1 and 2 $188,136.00 3 City of Newport Beach Contact: Kevin Pekar Ph: (949) 644-3197 Email: kpekar@newportbeachca.gov 4 City of Rancho Cucamonga Contact: Steve Relph Ph: (909) 477-2730 *4116 Email: steve.relph@cityofrc.us Landscape Maintenance of various locations Landscape Maintenance of various locations $2,781,530.49 $1,345,769.00 CONTRACT TERM 2019- Current 2019- Current 2016- Current 1989- Current Rewsed 11-2-20 _ 29 _ BBK 72500.00001 \32374943 1 Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 Project No. 901-22 Contract No. C41880 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL PROPOSED FACILITIES, EQUIPMENT & STAFFING SCHEDULE Provide the following: Please refer to Resumes within the RFP General Landscape Maintenance Provide resumes for Irrigator(s), Field Supervisor(s), and Project Manager(s) — include any relevant education, certification, licensing information and years of experience for each person. Tree Pruninq and Maintenance Provide resumes for the certified tree personnel for this contract. Irriaation Svstem Maintenance Provide resumes for the certified irrigation personnel for this contract. Pesticide Application Personnel Provide resumes for the certified pesticide applicator(s) for this contract. Landscaqe and Irriaation Desian Provide resumes for the certified personnel (if any) for this contract. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK Revised 11-2-20 - 30 - BBK 72500.00001\32374943.1 Contract No. C41880 IRAN CONTRACTING ACT CERTIFICATION {Public Contract Code section 2200 et seg.) THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct: ✓ The Contractor is not: (i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or (ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. - Authority has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Authority will be unable to obtain the goods and/or services to be provided pursuant to the Contract. � The amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000. � Signed � ��'L /r ; _ "y j� t�i,.�-�J� .._. ` �l Terry Noriega Titled President Firm Mariposa Landscapes, Inc. Date 09/15/2021 Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibility to bid on contracts for three years. Rzvi�ed �,-z-zo - 31 - BBK 72500.00001 \323?4943.1 Contract No. C41880 City of Palm Desert LANDSCAPE MAINTENANCE AREA N0.1 Project No. 901-22 Contract No. C41880 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL PROPOSAL AFFIRMATION With regard to the information provided hereinabove, I affirm that: • All information provided is true and correct to the best of my knowledge, and; • I understand that a materially false statement willfully or fraudulently made in connection with this Proposal may result in the termination of any contract between the City of Palm Desert and Mariposa Landscapes, Inc. , and as a further result, the aforesaid firm may be barred from participation in future City of Palm Desert contracts as well as be subject to possible criminal prosecution, and; • I have legal authority to bind Mariposa Landscapes, Inc. to the terms of this affirmation. • The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP." Proposers must examine the site and become acquainted with all conditions affecting the work. In submitting a Proposal, Proposers warrant that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the proposer's ability to protect existing surface and subsurface improvements. Proposers shall also familiarize themselves with all state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. No claim for allowances—time or money—will be allowed as to such matters. FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED `��_J �.�-ll ������ 09/15/202� Signature � Date Terry Noriega Printed Name President Title Mariposa Landscapes, Inc. Company Name Revised 1 L2-20 - 32 - BBK 72500.00001 \32374943.1 Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA N0.1 Project No. 901-22 Contract No. C41880 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL NON-COLLUSION DECLARATION To Be Executed by Proposer(s) and Submitted with Proposal The undersigned declares: I am the President of Mariposa Landscapes, Inc. , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on September 15th , 20 21 , at Irwindale , California . City State ^___'�/�� ( / �, °*' , � �VI//A. ` t�� \..,i A By: ; Co,tractor's Signatur��TerryNoriega Title: President Revised I t-2-20 - 33 - 66K 72500.0000 I \32374943. I ACKNOWLEDGMENT 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. State of California County of Los Angeles On September 15th before me, Brandon James Williamson, Notary Public (insert name and title of the officer) personally appeared Terry Noriega 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 ��� __=-- � � >h BRANDON JAMES WILLIAMSON " . �' f : Notary Public • Califomia � s ' Los Angeles County 3 s F Commiszion # 2354892 � u. ��� My Comm. Explres Apr 19, 2025 � (Seal) Contract No. C41880 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA N0.1 Project No. 901-22 Contract No. C41880 THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted subcontractors' current public work. nor any contract entered into without proof of the contractor's and registration with the Department of Industrial Relations to perform Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.' Name of Contractor: Mariposa Landscapes, Inc. DIR Registration Number: 1000005079 DIR Registration Expiration: 06/30/2022 Small Project Exemption�: Yes or X No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor: Mariposa Landscapes, Inc. Signature: 1`�� ��!!' � �L Name and Title: Terry Noriega, President Dated: 09/15/2021 ' If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." Revised 11-2-20 - 34 - BBK 72500 00001\323?4943. I �� OUR VALUES ARE... I� Teamwork �r, , �: Safety Quality Integrity Safety Being the primary foundation of our company. We emphasize "safety first" on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, and provide a safe environment for staff and customers alike. Tea mwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team. Qual Ity We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients' investment. Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall well-being of our employees, customers and vendors is important to us. Our Core Values — Safety • Teamwork • Quality • Integrity 42 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community Landscape Area 1 I 2021