HomeMy WebLinkAboutC30780 Landscape Maintenance Area (LMA) No. 6 906-11Contract No. C30780
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: WAIVE BID IRREGULARITY AND AWARD CONTRACT NO.
C30780 FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO
MARIPOSA LANDSCAPE, INC., OF IRWINDALE, CALIFORNIA,
IN THE AMOUNT OF $66,744 AND INCLUDE REPAIR WORK
AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT
TO EXCEED 20 PERCENT OF CONTRACT AMOUNT OR
$13,349 (PROJECT NO. 906-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Mariposa Landscape, Inc.
15529 Arrow Highway
Irwindale, CA 91706
DATE: May 26, 2011
CONTENTS: Proposal
Agreement
Payment Bond
Performance Bond
Pinnacle's Protest Letter
Vicinity Map
Recommendation
By Minute Motion:
1. Waive bid irregularity and award Contract No. C30780 for Landscape
Maintenance Area No. 6 to Mariposa Landscape, Inc., of Irwindale,
California, in the amount of $66,744;
2. Include repair work and services at the specified contract amount not
to exceed 20 percent of contract amount or $13,349; and
3. Authorize the Mayor to execute the contract.
Funds are available in the General Fund Account No. 241-4195-495-3320, Desert
Willow R/M — Street, Parks, Medians, and 241-4194-495-3321, Desert Willow Repair
Maintenance.
Contract No. C30780
Staff Report
Award Landscape Maintenance Area No. 6
May 26, 2011
Page 2 of 3
Background
On April 29, 2011, the City Clerk advertised and called for bids for Landscape
Maintenance Area No. 6. Bids were opened and read aloud on Tuesday, May 10, 2011,
at 12:15 p.m. with the following results:
Contractor
Location
Price
1
Mariposa Landscape, Inc.
Irwindale, CA
$66,744
2
Pinnacle Landscape Company
Palm Desert, CA
$79,032
3
Andy's Landscape Service
Palm Desert, CA
$92,400
4
Kirkpatrick Landscaping Services
Indio, CA
$93,600
5
Vintage Associates, Inc.
Bermuda Dunes, CA
$94,440
6
Merchants Landscape Services
Palm Springs, CA
$94,920
7
Hort Tech, Inc.
Bermuda Dunes, CA
$119,412
On May 13, 2011, the second lowest bidder, Pinnacle Landscape Company, tendered a
protest to Mariposa Landscape's lowest bid stating that the local office contract
requirements were not met. Staff reviewed Mariposa Landscape's proposal and
determined that it did not meet bid requirements of a local office since they do not
maintain phone service in their local facility. Mariposa listed an 800 number that
connects to their main office in Irwindale, California and the local representative can be
reached through a cell phone. The contract specifications require standard phone
service to the local facility in order to allow City staff to reach a company representative
and discuss contract concerns.
Staff addressed this issue with Mariposa Landscape's representative, Luis Valenzuela,
and he has indicated that, if awarded the contract, Mariposa Landscape will install a
standard phone line into their local facility by July 1, 2011, the beginning of the contract
term.
Mariposa Landscape has had a presence in the Coachella Valley for several years and
is currently maintaining landscapes for the City of Rancho Mirage and Southern
California Edison. With the exception of the aforementioned, Mariposa's bid documents
have met all other bid requirements.
Repair work and services covers unquantifiable activities necessary for landscape
maintenance, which are not part of the landscape maintenance contract. This repair
work and services 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.
Contract No. C30780
Staff Report
Award Landscape Maintenance Area No. 6
May 26, 2011
Page 3 of 3
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount.
Prcnnrori Rv-
P ul S. Gibson, Finance Director
Approval:
M. Wohlmuth, City Manager
Mark Greenwood, P.F.
Director of Public Works
CITYCOUNCIL 'ION
APPROVED —
RECEIVED OTHER
MEET G ll r
AVF.S:
NOE5:-
ABSENT: 0 -
ABSTAIN:
VERIFIED BY:_
Original on File with City C k's Office
N
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06,2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
TOTAL BID AMOUNT AND ATTESTATION OF BIDDER
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, the General Terms and Conditions, and the Specific Terms and Conditions
accompanying the Notice Inviting Sealed Bids; that he/she is thoroughly familiar with the
contents thereof, and is authorized to represent the bidding 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 specifications.
The costs of any work shown or required in the Specifications, but not specifically
identified as a Pay Item are included in the Pay Items, and no additional compensation
shall be due Contractor by virtue of Contractor's compliance with the Specifications.
TOTAL ANNUAL AMOUNT OF BASE BID IN FIGURES $ (o �,, -14-4.00
TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS
Six1�°six t1,1c;�,sund , se���� hu►�d►ed Fc�r�- �c;v�r dc;tla+-s �h� U%uc
I Undersigned hereby acknowledges
receipt of the number of Addendums -�
i circled (you MUST circle a number) �0 1 2 3 4 5
Company: Mariposa Landscapes, Inc.
Address:15529 Arrow Highway, Irwindale, CA 91706
Telephone: Fax:626-960-3s09
626-960-0196
Bid Prepared By:
Terry Noriega
Title: president
1L
Signature: -'
Date:
May 10, 2011
C30780 SECTION 1, CONTRACT DOCUMENTS - Page 8
�I
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
CONTRACTOR'S PROPOSAL BY BID LOCATION
For each item, the averaged one -month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract.
ITEM
DESCRIPTION
PRICE
MONTHLY
PRICE
ANNUALLY
1.
Desert Willow perimeter landscape
TOTAL
$
$
(annual total must match total on previous page)
��� z vv
4 y4 , co
C30780 SECTION 1, CONTRACT DOCUMENTS
Page 9
9
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER
This project is located in a desert with extreme environmental conditions. Desert plant
material is therefore very specialized in nature. In addition, the City of Palm Desert has
adopted naturalistic pruning methods that must be followed by its landscape
maintenance contractors.
To be considered qualified to perform this contract, contractors must have adequate
experience performing a wide range of landscape maintenance activities that include
the care of desert and desert -adapted plant materials. Such levels of experience and
skill are typically gained by performing contractual (12-month minimum) landscape
maintenance for a public agency, for 3 of the last 5 years, and performed in areas
adjacent to streets and parkways.
The bidder is required to state all work of a similar character to the work described in
the proposed contract, that he has performed in the last three years. In the space
below, provide references with a contact person, address, and phone number for
verification of said work,
Bidders may attach additional pages to provide the information required by this portion
of the proposal, if necessary,
REFERENCES
Contract Completion
Amount Class of Work Date Contact Person
$ 189,840.00/yr Landscape Maintenance
$ 247,786.23/yr
On going Bill Oppenheim Name
Maintenance Manager Business Name
29-825 Highway 111, Rancho Mirage, CA 92270
Address
760-770-3224 ext. 521 Phone
Landscape Maintenance On going Tim S. Shepard Name
Edison Facilities Manager Business Name
24487 Prielipp Rd,Vlfildomar, CA 92595 Address
951-249-8629 Phone
3 i $ 1,164,213.00/yr Landscape Maintenance On going _ Steve Relph_ Name
Supervisor
Business Name
9153 9th Street, Rancho Cucamonga, CA 91730 Address
909-677-6251
Phone
C30780 SECTION 1, CONTRACT DOCUMENTS Page 10
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06,2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
FINANCIAL STANDING OF THE BIDDER AND
STATEMENT OF RESOURCES FOR EXECUTION OF THE CONTRACT
The City Council of the City of Palm Desert reserves the right to reject bids from firms
that do not demonstrate adequate financial standing to execute the terms of the
contract.
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how it will provide the necessary maintenance and
services in the specifications. State the estimated manpower your company will use
each week to fulfill the contract. Include supervision, irrigation and general labor sub-
categories.
Foreman: 1 full-time
Laborers: 1 full-time, 1 part-time
Irrigation Technician: 12 hours/week
Supervisor: 6 hours/week
`*This is an average throughout the year
A financial statement or other information and references sufficiently comprehensive to
permit an appraisal of your current financial condition may also be required by CITY.
C30780 SECTION 1, CONTRACT DOCUMENTS Page 11
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 0612011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
BIDDER INFORMATION
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Physical Address 15529 Arrow Highway, Irwindale, CA 91706
(2) Mailing Address 15529 Arrow Highway, Irwindale, CA 91706
(3) Telephone No. 626-960-0196
(4) Type of Firm (Individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of California
(6) City of Palm Desert Business License No. Will be obtained upon award of contract
(7) C-27 Contractor's License No. 592268
Exp. Date 4/30/2012
(8) List the names and addresses of all OWNERs of the firm or names and titles of
all officers of the corporation:
(9)
Terry Noriega, President
Antonio Valenzuela, Secretary
Theresa Lu, Treasurer
Number of years experience as a Contractor 33
15529 Arrow Highway, Irwindale, CA 91706
15529 Arrow Highway, Irwindale, CA 91706
15529 Arrow Highway, Irwindale, CA 91706
(10) Number of years experience with municipal landscape maintenance
contracts 33
(11) California State Pest Control Applicators License (QAL) for chemical applications
category B License Number and Name of Licensed Personnel:
License #103864, Terry Norieqa
(12) Local Office
Address: 36660 Bankside Dr.,
Cathedral City, CA 92234
Phone: (800 ) 794-9458
(13) Emergency Contact Person Name and Phone
Luis Valenzuela: 800-794-9458
C30780 SECTION 1, CONTRACT DOCUMENTS Page 12
(14) List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (if more than one subcontractor, please check the box below and
list ail subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor's Name: N bhe
License Number:
Address:
Telephone:
Work to be performed:
(15) List the name of the person who inspected the site of the proposed work for your
firm Robert Austin
(16) This bid was prepared by:
(17) Contact person:
Name (print) Ter Norie a
Signature
Telephone 62i;-960-01 6
Name (print)
Telephone
Robert Austin
626-960-0196 ext. 319
Contractor hereby swears under penalty of perjury that the information provided is true
and correct.
By: Title: President
Signat a Contractor
C30780 SECTION 1, CONTRACT DOCUMENTS Page 13
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06,2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
Terry Noriega , being first duly sworn, deposes and says tha he he is
of Mariposa Landscapes, Inc. , the party making the foregoing bid; that the bid is not ade in
the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof. to effectuate a collusive or sham bid.
,-f
By: tJ 1. I ('' President
Signa a (Contra�Qr) Title (Contractor)
Jurat
State of California
County of Los Angeles
On, May 10, 2011, before me, Terry Noriega President — Mariposa Landscapes, Inc., Subscribed and sworn to (or
affirmed) before me on this date, proved to me on the basis of satisfactory evidence to be the person(s) who appeared
,before me.
WITNESS my hand and official seal.
(Seal)
Signature �,,' _._,.
R. Austin — Nota P lic 1832091
R. AUSTIN
COMM. # 1832091 cn
U) NOTARY
PUBLIC • CALIFORNIA p
LOSANGELES COUNTY
MY Comm. Expires JAN. 29, 20i3
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06,2011-2012
PROJECT NO.906-11, CONTRACT NO. C30780
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Mariposa Landscapes, Inc. as Principal,
and Safeco Insurance Company of America as Surety, are held and
firmly bound unto City of Palm Desert (Owner) in the sum of $ 10% (10%
of Principal's bid), to be paid to the said Owner or its certain attorney, its successors
and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden Principal to perform certain work described as follows:
LANDSCAPE MAINTENANCE AREA 06: The general items of work to be done
hereunder consist of, but are not limited to: landscape, irrigation, hardscape, and
hardscape maintenance
and dated May 10, 2011 is accepted by City of Palm Desert, and
if the above bounden Principal Mariposa Landscapes, Inc. shall duly enter into and
execute a contract for such construction, and shall execute and deliver the Performance
Bond and Payment Bond and insurance certificates as required by said contract, then
this obligation shall become null and void; otherwise it shall be and remain in full force
and effect.
Should it become necessary for City to institute a lawsuit, or any other legal proceeding
to enforce the terms and conditions of this bond, then all costs of said proceeding,
including attonney's fees, shall be awarded to the prevailing party.
(Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
C3O7% 8-607 O - - t.`ON-'C CJIVE-Nt~?
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 6th day
of May 2011
Contractor's Name: Mariposa.,Landscapes, Inc.
Contractor's Signature:
Title: Nf4Aev)V
Address: 15529 Arrow Highway, Irwindale, CA 91706
Telephone: 626-960-0196
Surety's Name: Safeco Insurance Company of America
Surety's Signature:
Title: Jeffrey R. Gryde, Attorney -in -Fact
Address: 333 Blvd. West, Suite 300, Orange, CA 92868
Telephone: 714-937-1400
Aliberty POWER
AA11tua't OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
No. 9392
Safeco Insurance Company of America
General insurance Company of America
1001 4th Avenue
Suite 1700
Seattle, WA 98154
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
************ **********************JEFFREY R. GRYDE; Laguna Niguel,
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21 st day of March 1 2009
Dexter R. Legg, Secretary Timothy A. Mikolalawski, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seat shag not be necessary to the validity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg Secretary of SAFECO INSURANCE, COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that troth the By -Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 6th day of May . 2011
Ct OR iE
j`SEAL�X*
x
s
Dexter R. Legg, Secretary
S-0974/DS 3109 WEB PDF
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On May 6, 201 l before me, Patti Zeis, Notary Public, personally appeared Jeffrey R. Gryde
Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person 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
r pATTI ZEIS
U COMM, # 1796837
(� y NOTARY PUBL:C • CALIFORNIA
ORANGE COUNTY
ppN COmM. EXPIRES APRIL 29, 2012
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or de•eriplir.na+fgttaoheddt�.wxtentj
(i-itle or description of attacked doeumeet cootinuod)
Number of Pages— Document Datc
lAddit;ewtil information)
CAPACITY CLAIMED BY THE SIGNER
Ll
Individual (s)
C
Corporate OfTirer
ITk1e)
L,l
Partner(s)
R
Attorney -in -Fact
❑
Ttustet:(s)
rNSTRUCTIONS FOR COMPLIIING THIS FORM
Ant- 0cknaw'1e4*mM1 evnepMed in Calrfornla matt Contain /huge exacilc =
alWars obolr in At notary section or a separate acinowledgarcnt farm must be
properll; completed and attacked to that document. The onl►, ",repr+op a rf a
dacnatent is to be recorded outride of Calera In such Jmrairm, am alternative
aclnerwled, went ayrblage as may be printed on suclr a e1mrareat so long as fhr
1wNage does not rt Wre 14C rroran, to do something that is ifitgrtf for a motors, im
CaJlforrria {i.e cemf►vng Ike astAori2ed cr: rhr of At signer). Please check At
docutment curelitllYhr proper »ororial wording and attach this firm if required.
• State and 0xnty information must be the State and County whcrc the document:
sitpacs(s) personally appeared before the notary public for acicnewledgment.
• Date of notarization must be the tlate that the signers) taersonally appeared which
must also be the same date the oCknowledgmrnt is completed.
• The notary public must print hit or her name as it appeian within his nr her
counniBgion falkrwred by a Comma and them your title (notiery public)
• Prime the natne(s) of document sipnerl•) who personally alrpeaT at the time of
a,mr Zotitm
• Indicate tht: Correct atagutmr of plural forms by cro8>ing uff invorrext forms (ve.
hatahellbsyr• it lane ) or circling dur tortecl frnmw failure to ctarectly indicatr this
mtfonuation etuy lead to rejection of dmaramt recording,
• The notary swl nmpre•sioe must be cleat and photographically reproducible
linpression mrise not. covo text ill lint. If met impression Snttd9ft. re-soat it a
sutfuiene area permits, othwwJ►e complete a diffbirml acknowledgment fora:.
• Signaturr of the noor) public must match the signature on file with t1e office of
the county cleric.
4- Addetiorml informatim is not required but cutrkt help to cmurc this
reclurowiedBmrnt is not tttasuoec!l of anacliod to a different docutricrrt,
rr indicate title tx type of anaehed document, number of page: and slate,
tndicate the eapactty claimed by the signer If the claimed rapacity is a
ctarporate ofl'►ccr, indicate the title (i.e. CEO, CFO, Smrctary).
• Securely attach dais documni eci the signed document
Contract No. C30780
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012
PROJECT NO. 906-11, CONTRACT NO. C30780
AGREEMENT
This AGREEMENT is made and entered into this 26t" day of May
2011, by and between City of Palm Desert, California, hereafter called "Owner" "City" or
"Agent" and Mariposa Landscape, Inc. hereinafter called "Contractor."
WITNESSETH:
WHEREAS, on April 29, 2011, City invited bids for landscape maintenance services for
City -maintained properties known as Landscape Maintenance Area No. 6 per
specifications; and
WHEREAS, pursuant to said invitation, Contractor submitted a proposal, which was
accepted by City for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
TERM. The term of this Agreement shall be from July 1, 2011, through June 30, 2013,
or to such later date as may be agreed in writing between parties. This contract allows
for an option of two one-year contract extensions based on Contractor's performance
and mutual agreement.
CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City
will pay and Contractor shall receive in full compensation, therefore the total sum Sixty -
Six Thousand Seven Hundred Forty -Four Dollars ($) 66,744 as set forth in the Contract
Documents and adopted by City.
CONTRACTOR'S OBLIGATION For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor
agrees with City to furnish the services and to do everything required by this Agreement
and the Specific Terms and Conditions.
HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify,
and hold harmless City of Palm Desert, its officials, officers, employees,
representatives, and agents from and against all claims lawsuits, liabilities or damages
of whatsoever nature arising out of our connection with, or relating in any manner to,
any act or omission of Contractor, his agents, employees, and subcontractors and
employees thereof in connection with, the performance or non- performance of this
Agreement. The Contractor shall thoroughly investigate any and all claims and
indemnify City and do whatever is necessary to protect City of Palm Desert, its official,
officers, employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
Contract No. C30780
AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing, signed by the Contractor and approved by the City
Council of the City.
TERMINATION. If, during the term of this Agreement, City determines that Contractor is
not faithfully abiding by any term or condition contained herein, City may notify
Contractor in writing of such defect or failure to perform; which notice must give.
Contractor a three-day notice of time thereafter in which to perform said work or cure
the deficiency. If Contractor fails to perform said work or cure the deficiency within the
three (3) days specified in the notice, such shall constitute a breach of this Agreement
and City may terminate this Agreement immediately by written notice to Contractor to
said effect. Thereafter, except as otherwise set forth herein, neither party shall have any
further duties, obligations, responsibilities, or rights under this Agreement except,
however, any and all obligation of Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the
termination hereof. In said event, Contractor shall be entitled to the reasonable value of
its services performed from the beginning of the period in which the breach occurs up to
the day it received City's Notice of Termination, minus any offset from such payment
representing City's damages from such breach. City reserves the right to delay any
such payment until completion of confirmed abandonment of the project, as may be
determined in City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall Contractor be entitled to receive in excess of the
compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any reason.
INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; Instructions to Bidders, General Terms and Conditions; Specific Terms and
Conditions; Contractor's Proposal Submission Forms; Addendum Nos. 0 ; Change
Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -
issued forms relating to this project, are hereby incorporated in and made a part of this
Agreement.
COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by this reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding, or representation not reduced to
writing and specifically incorporated herein shall be of any force or effect, nor shall any
such oral agreement, understanding, or representation be binding upon the parties
hereto.
ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, Contractor
agrees that it will not engage in, nor permit such subcontractors as it may employ, to
engage in discrimination in employment of any person because of the age, race, color,
sex, national origin or ancestry, or religion of such persons. Violation of this provision
may result in the imposition of penalties referred to in Labor Code Section 1735.
Contract No. C30780
AUDIT. City shall have the option of inspecting and/or auditing all records and other
written material used by Contractor in preparing its statements to City as a condition
precedent to any payment to Contractor.
NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail, return receipt requested, addressed as
follows:
To City:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
To Contractor:
Mariposa Landscape, Inc.
15529 Arrow Highway
Irwindale. CA 91706
LITIGATION COSTS. In the event an action is filed by either party to enforce any rights
or obligations under this Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and court costs, in addition to any other relief granted by the
court.
AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do warrant that
each individual executing this Agreement on behalf of each party is a person duly
authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT MARIPOSA LANDSCAPE, INC.
A Municipal Corporation Contractor
JEAN M. BENSON, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E.
CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
Contract No. C30780
CONTRACTOR NOTARY ACKNOWLEDGMENT
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
CITY NOTARY ACKNOWLEDGMENT
(Seal)
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. C30780
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012
PROJECT NO. 906-11, CONTRACT NO. C30780
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee")
has awarded to Mariposa Landscape, Inc. (hereinafter designated as
"Contractor"), an agreement dated and described as
follows: LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-11,
CONTRACT NO. C30780 (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 3247 of the California Civil Code;
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 City of Palm Desert and to any and all persons, companies
or corporations entitled to file stop notices under Section 3181 of the California Civil
Code, in the sum of Sixty -Six Thousand Seven Hundred Forty -Four Dollars ($66,744),
said sum being not less than one hundred percent (100%) of the total amount payable
by said Obligee under the terms of 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
heirs, executors, administrators, successors or assigns, or subContractors, shall 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,
or to pay any person 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 from the wages of
employees of said Contractor and his or its subContractors pursuant to Section 13020
of the Unemployment Insurance Code with respect to such work and labor as required
by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of Contractor or his or its
SubContractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Contract No. C30780
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of said Contract or to the work to be
performed thereunder or the Specifications accompanying the same 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 or to the
Specifications.
No final settlement between Obligee and Contractor hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAUContractor:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
The total amount of premium charged: $
(the above must be filled in by corporate surety).
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
per thousand.
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:
(Name, address and telephone no. of Surety)
(Name, address and telephone no. of agent or representative for service of process in
California, if different from above)
Contract No. C30780
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012
PROJECT NO. 906-11, CONTRACT NO. C30780
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has
awarded to Mariposa Landscape, Inc. (hereinafter designated as
"Principal"), a contract for:
LANDSCAPE MAINTENANCE AREA 6
PROJECT NO. 906-11
CONTRACT NO. C30780
and 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 City of Palm Desert, hereinafter called City, in the penal sum of
Sixty -Six Thousand Seven Hundred Forty -Four Dollars ($66,744), 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 above bounden
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C30780
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
SURETY
Aw
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
4W
Knight, Spencer
From: Dave Lowe [Dave@plc1.net]
Sent: Friday, May 13, 2011 6:29 AM
To: Knight, Spencer
Cc: Greenwood, Mark; Rob Archer
Spencer,
Please accept this correspondence as my official protest to the Mariposa Landscape bid for LMA 6. The RFP clearly
states that a "local office" shall be maintained with a competent representative that can be reached during normal
business hours.
We called Mariposa yesterday, inquiring about employment in the desert. We were told that they do not have an office in
the area and that we would have to come to Fontana to fill out an application. It is our understanding from speaking with
other industry professionals that Mariposa is currently operating out a storage facility in the vicinity of Rancho Mirage.
When Pinnacle Landscape was the winning bidder on the LMA's last year, we were scrutinized heavily not only about our
"desert" experience but also our "local presence".
Due to the circumstances listed above, I am requesting that the bid by Mariposa be thrown out and LMA 6 be awarded to
Pinnacle Landscape.
I look forward to moving forward and our continued relationship.
Sincerely,
(David Lowe
Vice President
Maintenance Operations
1Pinnacfe Landscape Company
2200 South Eairview Ue
Santa Ana, Ca 92704
daveOpjc1. net
760-887-1175 mobile
I(D]
Knight, Spencer
From: Luis Valenzuela [luisv@mariposa-ca.com]
Sent: Thursday, May 19, 2011 2:07 PM
To: Knight, Spencer
Cc: Antonio Valenzuela; Robert Austin
Subject: Re: LMA 6 Phone Line
Yes. We will be installing a phone line in our Cathedral City yard. We should be able to have it operational before the
start date of the contract. I will keep you informed.
Please contact me with any questions or comments regarding this Email.
Thank You
Luis Valenzuela - Regional Manager, Maintenance Division
MARIPOSA LANDSCAPES, INC.
"Blending nature and craftsmanship to create ultimate outdoor settings"
Cell 626-705-0622 Fax 626-960-8477
Email: luisv@inariposa-ca.com
Visit our web site!
On 5/19/2011 1:27 PM, sknight@cityofpalmdesert.org wrote:
Luis: Per our phone conversation, I would like to confirm that Mariposa Landscape is willing to install a standard phone
line into their Cathedral City facility. If you have any questions please let me know.
Regards,
q. sAewo," 5�44`iZ`
Landscape Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611 ext. 454
LANDSCAPE AREA 6
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