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HomeMy WebLinkAboutC36591 Extension LMA9 909-20CONTRACT NO. C36591 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 25, 2019 PREPARED BY: Randy Chavez, Landscape Supervisor REQUEST: Approve Contract No. C36591, Amendment No. 1 to Contract No. C36590 for Landscape Maintenance Area No. 9 to Mariposa Landscapes, Inc., of Irwindale, California, in the amount of $218,030.40, and include repair work and services for the specified amount of $40,000 (Project No. 909-20). Recommendation By Minute Motion: 1. Approve the first extension to Contract No. C36590 with Mariposa Landscapes, Inc., for LMA No. 9 in the amount of $218,030.40; 2. Authorize the City Manager to approve extra repair work and services up to the specified amount of $40,000; and 3. Authorize the City Manager to execute the contract. Funds are available in General Fund Account No. 1104614-4337001, R/M Medians. Strateqic Plan Obiective The Parks and Recreation Priority 1 goal is highlighted with this project. The Priority 1 goal mandates that our park system be maintained in a high -quality state. Background Contract No. C36590 was awarded to Mariposa Landscapes, Inc., by the City Council on May 10, 2018, for the term of one year, with an option for up to four one-year extensions. LMA No. 9 is one of the three, high frequency, service -based maintenance areas in the City. It consists of Entrada del Paseo, Baja Park, and the medians on El Paseo. These areas are host to a wide range of special events and activities, so they must be in excellent condition at all times. This contract is set to expire on June 30, 2019, and Mariposa Landscapes has agreed to a one-year contract extension commencing July 1, 2019. However, due to the increase April 25, 2019 - Staff Report Contract No. C36591, Amendment No. 1 to Contract No. C36590 with Mariposa Landscapes, Inc. for LMA No. 9 (Project No. 909-20) Page 2 of 2 of the State's mandated minimum wage and other related costs, they are requesting a three percent increase of $529.20 per month ($6,350.40 per year). Based on Mariposa's acceptable performance, staff finds the request to be reasonable. The new total contract amount will be $218,030.40 per year ($18,169.20 per month). Extra repair work and services cover unquantifiable activities necessary for landscape maintenance that are not part of the landscape maintenance contract. It includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. Fiscal Analvsis This contract amount is included within the Fiscal Year 2019-2020 operating budget. Therefore, there is no anticipated fiscal impact beyond the contract amount. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW WA 4- - C e- Robert W. Hargreaves Tom Garcia, P.E. ?etoore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manaqer CONTRACTOR: Mariposa Landscapes, Inc. 6232 Santos Diaz St. Irwindale, California 91702 ATTACHMENTS: Contract No. C36591, First Amendment to Contract No. C36590 Payment and Performance Bonds Contractor's Acceptance Letter Certificate of Insurance Vicinity Map of LMA No. 9 CONTRACT NO. C36591 FIRST AMENDMENT TO CONTRACT NO. C36590 WHEREAS, the City of Palm Desert ("City") and Mariposa Landscapes, Inc., ("Contractor"), entered into an agreement, dated May 10, 2018, for Landscape Maintenance Area No. 9 ("Agreement"), the parties wish to amend the Agreement effective July 1, 2019. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2019, through June 30, 2020." B. The Amount of the contract will increase by the sum of six thousand three hundred fifty and 40/100 dollars ($6,350.40) for a total annual contract price of two hundred eighteen thousand and thirty and 40/100 dollars ($218,030.40). C. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 251h day of April 2019. CITY OF PALM DESERT A Municipal Corporation Lauri Aylaian, City Manager City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert W. Hargreaves, ESQ. City Attorney MARIPOSA LANDSCAPES, INC. Contractor Approved as to Content: Tom Garcia, P .E. Director of Public Works CONTRACT NO. C36591 CONTRACTOR 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 } )SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CONTRACT NO. C36591 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Mariposa Landscapes. Inc. hereinafter designated as the "Principal", a contract for: LANDSCAPE MAINTENANCE AREA NO. 9 PROJECT NO. 909-20 CONTRACT NO. C36591 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Two Hundred Eighteen Thousand Thirty Dollars and 40/100 Dollars ($218,030.40), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, 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 (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force an effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. 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 the City, during which time if the 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 a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing CONTRACT NO. C36591 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 the 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: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. 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 the 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. c. Permit the City to complete the Project in any manner consistent with California 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 the 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 obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. CONTRACT NO. C36591 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 (Corporate Seal) Contractor/Principal IS Title: (Corporate Seal) Surety In Attorney -in -Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title: The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: SuretyAgent or Representative for service of process in l California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: 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. C36591 SURETY ACKNOWLEDGEMENT 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 before me, 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 CONTRACT NO. C36591 PRINCIPAL ACKNOWLEDGEMENT 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 before me, 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 CONTRACT NO. C36591 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Mariposa Landscapes. Inc. (hereinafter designated as the "CONTRACTOR/PRINCIPAL") an agreement dated April 25, 2019, described as follows: (LANDSCAPE MAINTENANCE AREA NO. 9, Proiect Number 909-20, Contract No. C36591) (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; 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 undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Two Hundred Eighteen Thousand Thirty and 40/100 Dollars ($218,030.40), said sum being not less than one hundred percent (100%) of the total amount payable by the said City under the terms of the said Contract, for which payment 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 said CONTRACTOR, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or CONTRACT NO. C36591 Sureties hereon 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 the City in such suit, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 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 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 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 the City and the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, 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, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAVCONTRACTOR: (Typed Name of Principal/Contractor) SURETY: By: By: (Signature) (Signature to be Notarized) (Typed Name and Title) The rate of premium on this bond is $ (Typed Name of Surety) (Signature of Attomey-in-Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) per thousand. CONTRACT NO. C36591 The total amount of premium charged: $ (The above must be filled in by corporate surety) IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM Any claims under this bond may be addressed to. - Agent or Representative for service of Surety process in California if different than Surety Name: Name: Address: City/State/Zip Code: Address: City/State/Zip Code: Telephone No.: Telephone No.: CONTRACT NO. C36591 SURETY 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. County of On before me, 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 CONTRACT NO. C36591 PRINCIPAL 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 before me, 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 M A R I P O S A L A N D S C A P E S I N C February 05, 2019 Mr. Randy Chavez — Landscape Supervisor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Phone 760-346-0611 Fax 760-341-7098 Subject: LMA-9 Contract No. C36590 Renewal FY — 2019-2020 Dear Mr. Chavez: Mariposa Landscapes, Inc., hereby requests the extension of Contract No. C36590. The term of the extension is one year, ending June 30, 2020. However, as approved by the state, the minimum wage was recently increased by $1.0 per hour and is scheduled to increase again by $1.0 per hour on January, 1 2020. These increases represent a combined 18% increase to the minimum wage from 2018. For this reason, we are requesting an adjustment of 3.0% to our current monthly contract price of $17,640.00 and unit prices. This adjustment will help offset some of the additional expenses incurred as a direct result of the minimum wage increases. With your approval, effective July 1, 2019, the new monthly price for LMA-9 Contract #C36590 will be $18,169.20 or $218,030.40 per year. I would like to take this opportunity to thank you for allowing Mariposa Landscapes, Inc. the opportunity to serve the City of Palm Desert and its residents for the past year. We look forward to continue servicing the City for many years to come. Respectfully submitted, Luis Valenzuela — Regional Manager; Maintenance Division Mariposa Landscapes, Inc. luisv mariposa-ca.com (626) 705-0622 cell (626) 960-8477 fax TEL 800 • 794 • 9458 a FAx 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity , Ill CERTIFICATE OF LIABILITY INSURANCE DAT03/29/2019 Y) o3/29V2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROOATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such engrsement(s). PRODUCER CONTCT FEDERATED MUTUAL INSURANCE COMPANY NAME:ACLIENT CONTACT CENIER - HOME OFFICE: P.O. BOX 328 IAaCNNo. Extl: 888-333-4949 I IA C. Not: 507-446-4664 OWATONNA, MN 55WO E-MAIL ADDRESS: CLIENTCONTACTCENTERtFEDINS.COM. INSURERIS) AFFORDING COVERAGE NAIC # INSURER A: FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 171-235-5 INSURER B: MARIPOSA LANDSCAPES INC INSURER C: 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP ITR TYPE OF INSURANCE INSR WVO POLICY NUMBER IMM1091YYYY1 IMMIDDIYYYYI LIMITS X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ! X _ OCCUR A Y N 6069499 GEN'L AGGREGATE LIMIT APPLIES PER: X !POLICY PRO- r_'LOC JEC7 (OTHER: AUTOMOBILE LIABILITY X ANY AUTO SCHEDULED A OWNED AUTOS ONLY AUTOS N NON -OWNED HIRED AUTOS ONLY AUTOS ONLY I X UMBRELLA LIAR X OCCUR A EXCESS LIAR I CLAIMS -MADE N DIED I IRETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory In NH) If yes, describe utder DESCRIPTION OF OPERATIONS below N 6069499 N 6069500 04/01/2019 04/01/2020 0410112019 04/01 /2020 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ee ocwrrencel MED EXP (Any one Person) PERSONAL Q ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGO COMBINED SINGLE LIMIT IEa eccidentl BODILY INJURY (Per person) BODILY INJURY (Per sccidentl PROPERTY DAMAGE (Per accident! EACH OCCURRENCE 04/01/2019 D4/01/2020 AGGREGATE tER STATUTE l OT E.L EACH ACCIDENT EL. DISEASE - EA EMPLOYEE E.L DISEASE -POLICY LIMIT $1,000,000 $100,000 $1,000,ODD $2,000,000 $2,000,000 $1,D00,000 $10,000,0oo $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 171-235-5 17 0 CITY OF PALM DESERT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 73510 FRED WARING DR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PALM DESERT. CA 92260-2524 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016M) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 171-235-5 LOC #; - ACORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY MARIPOSA LANDSCAPES INC aoucv nuMeEa - - 6232 SANTOS DIAZ ST SEE CERTIFICATE f# 17.0 IRWINDALE, CA 91702 3267 CARRIER NAIC CODE SEE CERTIFICATE ## 17.0 EFFECTIVE DATE: SEE CERTIFICATE ## 17.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25_._ FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE__ PROJECT8909-14 CONTRACTMC33310 LANDSCAPE MAINTENANCE AREA NO.9 THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 Policy Number: Transaction Effective Date: COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodilyin'u 1 ry", "property damage" or or agreement that such person or organization be "personal and advertising injury" arising out added as an additional insured on your policy. of the rendering of, or the failure to render, Such person or organization is an additional "bodily any professional architectural, engineering or insured only with respect to liability for "property "personal surveying services, including: injury", damage" or and advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused the required by the contract or agreement to "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and advertising injury", involved the rendering of or A person's or organization's status as an the failure to render any professional additional insured under this endorsement ends architectural, engineering or surveying services. when your operations for that additional insured are completed. © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 33 04 13 Policy Number: Transaction Effective Date: 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 Policy Number: Transaction Effective Date: ACORO0 DATE (MM/DD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE I 04/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tami Guo _ _ Global Risk, LLC PHONE 213-550-2253 213-550-2258 800 Wilshire Blvd., Second Floor E-MADDRESS: certs@globalriskcap.com Los Angeles, CA 90017 INSURER(S)AFFORDING COVERAGE NAIC# License #01-60361 INSURER A: Sentry Casualty Company 28460 INSURED INSURER B : Mariposa Landscapes, Inc. INSURERC: _ 6232 Santos Diaz St. INSURER D_ - INSURER E: Irwindale, CA 91702 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L UBR POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE IKSD wn POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1 $ CLAIMS -MADE l OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY I PRO- JECT _ I LOC L_. OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED _ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR OED S LIAB CLAIMS -MADE I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A O RENTED PREMISES (Ea occurrence) $ _ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE $ Leer accident) _ $ EACH OCCURRENCE _ $ AGGREGATEI $ - I$ X 90-20720-01 04/01 /19 ; 04/01 /20 X I PER L EERH I E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Job: Project #906-14 Contract #C33300, Landscape Maintenance Area No. 9. WC Waivers of Subrogation apply per WC 000313 0484 attached. CERTIFICATE HOLDER CANCELLATION City of Palm Desert 73-510 Fred Waring Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Desert, CA 92260 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SENTRY CASUALTY COMPANY Carrier Code No. 37877 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 90-20720-01 00 191 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payyments from an one liable for an injur covered by this policy. We will not an our right against �he person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. MAR 90-20720-01 00 191 MARIPOSA LANDSCAPES INC 03-27-19 PAGE 001 v 15812115