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Home My WebLink AboutC31540 Landscape Maintenace Area (LMA) 9 - Mariposa 909-12Contract No. C31540 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31540 FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $238,896, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT, OR $47,779.20, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 909-12) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, CA 91706 DATE: May 24, 2012 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C31540 for Landscape Maintenance Area No. 9 to Mariposa Landscapes, Inc., of Irwindale, California, for a two-year contract in the amount of $238,896; 2. Include extra repair work and services in an amount not to exceed 20 percent of contract amount, or $47,779.20; and 3. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians. Background On March 28, 2012, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 9. Bids were opened and read aloud on Wednesday, April 25, 2012, at 2:15 p.m. with the following results: Contract No. C31540 Staff Report Award Landscape Maintenance Area No. 9 May 24, 2012 Page 2 of 2 Contractor Location Two -Year Price 1 Mariposa Landscapes Irwindale, CA $238,896 2 TrueGreen Riverside, CA $250,080 3 Pinnacle Landscape Company Santa Ana, CA $295,890 4 Vintage Associates Bermuda Dunes, CA $351,360 5 Parkwood Land Van Nuys, CA $355,968 6 Excel Landscapes Corona, CA $407,160 7 Hort Tech Bermuda Dunes, CA $436,000 8 Kirkpatrick Landscapes Indio, CA $464,400 Staff reviewed the bid documents of the lowest bidder, Mariposa Landscapes, Inc., and determined that all bid requirements have been met. Extra 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. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Kni6l�tjLandscape Manager Paul S. Gibson, Director of Finance Wohlmuth, City Manager Mark Groerfwood, P.E. Director of Public Works CITY COUNCIL#CTION APPROVED ��////// DENT RECEIVED OTHER MEET (' / AYES: NOES: l ABSENT: ABSTAIN: VERIFIED BY: Original on File with City C •k's Office CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS TOTAL BID AMOUNT AND ATTESTATION OF BIDDER TO: City Of Paint Desert ("CITY) 73510 FR E D WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the l3icl T(' i-u►s and Conditions, the General Ter►ns and Conditions, the Specific I'er��s dmd C'onclitions, anti the Attachments accompanying the Notice Inviting Sealed Bids, that helshe is thoroughly 1'trrniliar with the contents thereof, and is authorized to represent thu hi(lding firm z1ncl lart.)poge se Palm Desert. rvices toC:Sty of 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 sliCcil'iently identified as a Contract Pay Item are included in the Contract Pay Items, and no additi<�I conrlrej, ation shall be due Contractor by virtue of Contractor's compliance with the Specit]c."onbolls, TOTAL TWO-YEAR CONTRACT AMOUNT OF BASE BID IN FIGURES [TOTAL TWO y-YEAR CONTRACT AMOUNT OF BASE BID IN WORDS ... _ 1._-. ! _tC�l1�f- Vitr'.cft`01 ..j 9iC Undersigned hereby acknowledges receipt of the number of Addendums circled (yau MOIST circle a number) g 2 2 3 4 I I Company: _ Mariposa Landscapes, Inc. Address: -i 15529 Arrow Highway, Irwindale, CA 91706 'Telephone: I'a u.: 626-960-0196 626-960-3809 Bid Prepared By: Terry Noriega Title: _ President 11 :,�nErsttttae. }� �,�� 7 Date. 4/25/12 C31W SECTION 1, CONTRACT DOCUMENTS P 9 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-I2, CONTRACT NO. C32540 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS NOTARY A+CKNOWL ?DGMENY FOR 'TOTAL BID AMOUNT AND ATTESTATION OF BIDDER. IN WITNESS WHEREOF, CONTRACTOR executed this proposal as of date set forth in Section 1, Contract Documents, on Page 8: State of California ) County of Los Angeles On me,. — personally appeared ,_.�t' l 1 t I I_ .who proved to me on the basis of sat, factory evidence to be the person(,) whose name(�islare subscribed to the within instrument and acknowledged to me thavii /Sbeltttey executed the same in hiskarl*ir authorized capacity(iyls), and that by6is/tiler/tl*r signature(4 on the instrument the person(A 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. Signatures a 31b4 EwT„ON `� "f t:>'t LKNCIAa-ENt°S R. AUSTIN CD C COMM. # 1832091 rn @my NOTARY PUBLIC - CALIFORNIALOSANGELESCOUNTY Comm, Expires JAN. 29, 2011 (Seal) P 9 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 SECTION 1: CONTRACT DOCUMENTS 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 l . ; Entrada del Paseo PRICE TOTAL i (MONTHLY) CONTRACT PRICE (24 _--- MONTHS) --- $1,520.00 $36,480.00 2. CAM Area at Entrada del Pasco 380.00 I $ g,120 00 Baja Park $1,940.00 $46,560.00 { 4 El Paseo ___ ---. �6,114.00 i $146,736.00 TOTAL $ 9,954.00 $ 238,896.00 (contract total must match total on Page 8) 1 C31 W SECTION 1, CONTRACT DOCUMENTS Page 10 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS WORK. EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER This pro iccl itt located in a desert with extreme. envirnnlnentat conditions. Desert plant material is therefore:. very specialized in nature. In addition, tile. City of Palm Desert has adopted naturalistic pruniag methods that mast 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. Contract Amount I $ 19,884.00 mo__ Class of Work _Landscape maint. REFERENCES Completion _.... Date_ — - -- Current 2 ` 203,100.00_yr Landscape maint of medians Current f } 19,788.02 mo Landscape maint. Current i i I i C31540 SECTION 1, CONTRACT DOCUMENTS Contact Person Robert Rivera T3a,ne _Cif of Coachellais rraine 1515 6 t h St, Coachella, CA 9221dd. 760-398-5744 X179 Phone Bill Oppenheim Name City of Rancho Mirage a„sinessName 69-825 Hwy 111. Rancho Mirage, .CdcA 92270 760-861-1063 _ Phone Tim Shepard Maine Southern California Edison, p,,b ea se 24487 Prielipp Dr, Wildomar, CA N95 _. Less j 626-338-4320 P#tir , CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO. 909-12, CONTRACT NO. C31540 SECTION 1: CONTRACT DOCUMENTS 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 stnto. how it wi11 l)rovide the necessary maintenance and set -vices in the specifications. State the estimaicd 111jtlrp0 wtc1 your company will use each week to fulfill the contract. Include supervisio", it-rigil(itm mid genoral labor sub -categories, 1 - Full time Foreman 1 - Full time Laborer 1 -Part time Irrigation Technician 1 day/ week - - 2 - Man Crew T dayTweek Periodic Labor - Pruning, Aeration, Raking, Steam Cleaning, & Color Change out 30 days/ year All hours are based on a year average 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. CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO, 9, 2012-2013 PROJECT NO.909-12, CONTRACT NO. C".31540 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS BIDDER INFORMATION The bidder is required to supply the following information. Additional sheets may be attached if' necessary. (l) Physical Address15529 Arrow Highway Irwindale, CA 91706 (2) Mailing Address 1.5529 Arrow Highway_Irwindale, CA 91706 (3) Telephone No,626-960-0196 (4) Type of Firm (individual, Partnership or Corporation)Corpwatbn (5) Corporation organized under the laws of the State of California (6) City of`Palm Desert Business License No. (7) C-27 Contractor's License Noy 592268 Exp. Date4130/14 (8) List the names and addresses of all OWNERS of the firm or names and titles of all officers of the cozpoa:ation: Terry_ Noriega,_President ., (9) Number of years experience as a Contractor 32 years (tit) Number of years experience with municipal landscape maintenance contrasts 32 years 01) California State Pest Control Applicators License (QAL) for chemical applications category B License Number and Name of Licensed Personnel: 103864 Terry Noriepa Cat: ABCDEFH (12) Local Office Address: 36-660 Banks de Dr, Cathedral City, CA 92234 Phones (760 ) 321-2107 (13) Eznergcr)cY CLlrrtact Perscari t4ame aitd Phorre C31640 SECTION 1, CONTRACT DOCUMENTS r .Luis Valenzuela 626-705-0622 (14) List the names and addresses of each subcontractor who will perform work related to this (:011111'lt 1 tend indicale whtO (h)r'tion of the work. will be done by each subcontractor. (if' mol'u titan one %libcoutractor, please check the box below and list all subcontractors on a "wil 3rato slYCet.) See Subcontractor List can Separate Sheet Subcontractor's Name: None License Nmiibc;r. Address: 1'CIC1)IIoIw': _ Work to be performed:_ (15) List the name of the person who inspected the site of the proposed work for your firm .__ RobertAustin,. Luis Valenzuela (16) This bid was prepared by: (17) Contact person: Name (print) Terry: pnega t{ Signature Telephone 626 960-0196 Name (print) Robert Austin n Telephone 626-960 0196 X319 Contractor hereby swears under penalty of perjury that the information provided is true and correct. I itl�; President Contractor t:31540 SECT1CIN1 1, CONTRACT DOCUMENTS TS Page 14 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I auta ihc Pmident ()t Mariposa Landscapes, Inc. tlri party making tlic� 16regoinp bid. The bid is not made ira the interest of, or nit befi,df ot; any tmdis lased person, Partiluship, company, arssociErtion, t>rganrzation, or. corporation. 11w bid is genuine rand not collusive or ,shall'. The bidder has not directly or indirectly induced or sialicited ally other bidder to brut in a false Or shauar bid. The bidder ba,s not directly nr Indirectly cntlnded, conspired, Connived, or agreed witli arty bicldcr or antyone else to Iaut ill a ,liana bid, or to reti'tiiri fiuni bidding. The bidder liars not in any nianne:r, directly ot- indirectly, sought by ahrucnient, conuaiunitaatiurr, or conference witli Anyone to fix the bid price of the bidder or ally oilaLr bitldcr, or to fix any overil aad, profit, or- cast clamcnt of the bid price, or of°thit ofany other biddc;f_ All :ltateane.nts contaiiied ill the bid acre true. I'lle bidcku' bars not, directly or indirectly, subnailted Ilis or blur bill price or any breakdown thereof; nr the contents Ihcreol; or divulged inlornialion or (1111.a r'elatiVe tl)cr'eto. to filly corporation, patlltel'9l'lip, conipitny, a5tit7 ratlt)li, t)]"f,arRr7.atrtall, bid clepositor'y', or to airy nicnaber or argent ttteraof, t.n calk(.l cite as collusive or shani bid, ,and has not paid, and will not pay, ally person or entity liar such Purpose. Any per:son cxecarting 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 lie or she has full power to execute, and does execute, this deel,"Utiola on belaall'oftlte bidder. I declare tinder 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 April 2012 , at Irwindale California City State By: t Terry Noriega +F Sig na.ture ;Printed Name C31 W SECTION 1. CONTRACT DOCUMENTS CITY OF PA1,NT DESERT I u',NDSC:'A PE MAINTENANCE NA NC'E AREA NO, 9, 2011.20 0 PROJECT _'40. 909-12, CONTRACT NO. C31-411 SECTION 1: CONTRACT IDOCLIVIENTS CONTRACTOR'S NTRACTOR'S PUOPOSA,1, SURNIIS'SION FORMS 811) BON D JLNOW ALT- MEN BY THESE PRIESEN' S, That we_ Mariposa Landscapes, Inc. as Principal, and Safeco Insurance Company of America _ as Suioy, iir!tY held tuld finely hound imto City of Palnn'Dewl ((31vn4j in the utit of 10% -Ten Percent of the Total Amount Bid (10% of iyrira sit,a bid); to t* pni'd :tur flie snid Owner or its cortala attorney, its s€vc emors and assigns, f6f which payment well and truly to be made, we bird ourselves, our heirs, executors and sdmin stra[or:8; successorfi cif : )1gas, ointly and severally, firmly by these presents. THE CONDITIO OF THSS OBLIOATIO1N IS SUCH, that if thf: ctMain proposal of the above bounden Principal 10 perform certain -work descrhlsed as follows: LANDSCAPE MAIINTENANCE AREA 9: The genii items of work to be done herernder consist of, but are not limited to: landsc«pe, irrigation, bardscane, and hardscape maintenance ,L ,3atr d April 25, 2012 _ is accepted by City of Pahn Dese-rt, and if the above 7ounden Frincipai Mariposa Landscapes, Inc.. shall duly aster into and e:tceute e contract for such constxuction, acid shall execute, ar_d deliver the Perfonnance Pond and Payment Bond acid insuranc,o, certificate:, as required by said contract, then this obligation shall bewmc null wnd void; otherwise it stiall be and rcmai o in fiiil force- and effect. Sbeuld it bteome necessary for City to institute a iaA-sait, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said promxling, including atton,ey's fees, iball be awarded to the prevailing parry. !Remufinder of thr page has intenti-onalir bmrs t00 blar;. SigraWre lVockc are coutainrd wi the neat napel C31W SECTION 1, CONTRkCT DOCUMENTS PDX 16, (l'vT'v rrNC-SS WHEREOF, We herea.tato set out Hands and Seals this 17th ilii.y cf April "{ 12 (,`,3titTact0r'5 ?d11me: Mariposa Landscapes, Inc. Confrac or'S Signature:- _ P_ Addiess; 15529 Arrow .Highway, Irwindale, CA 91706 Telehitone; 626-960-0196 Surety"' Ndlne-, Safeco Insurance Company of America Title: Jeffrey R. Gryde, Attorne -in-Fact gdd-rt:,gw 790 The City Drive South, Suite 200, Cranae. CA 92868 t ]ep3atxr�o; 714-634-5716 _ State of C County of Gn. personally appeared, T . - _ _ (SEE ATTACHED) _ Acknowledgment before rrie, to be the person(s) whose names, is+are t helshelthey executed the same in his/her/their < signatura(s) 4n the instrurent the pemon(s), or executed the instrument. I certify tinder PO4ALTY OF PERJURY paragraph is `rue and correct. Signature _....... who paved to an the ba* of satisfactory evidence ed to the �t++ . n instrument and acknowledged to me that horize pacity(ies), and that by hisihentheir e i y upon behalf of wInIch the person(s) acted, the fa+rrs of ,i?e toCa'tFornia that the foregoing nWITNESSmfficiai seel. C3152D SECTION! 1, CONTRACT DOG.UMEWS (Seat) POWER iit?t ELl... OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9392 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avonuo 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 .....""*"'"'*k"*****"**"***....****JEFFREY R. GRYDE; Laguna Niguel, California'—-.—....# %% YRl kkk its true and lawful attorneys) -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 21st day of March 2009 A jr Dexter R. Low, Secretary Timothy A. Mikolalewskl, 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 ahomeys-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 fecsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall 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 (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (ii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of (he certifying officer may be by facsimile, end the seat of the Company may be a facsimile thereof," 1, 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 both 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 17th E I SEAL �aSF-L Oi A day of April 1 2012 Dexter R. Legg, Secretary 5-0974IDS X09 WEB PDF CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April 17, 2012 before me, Patti Zeiss 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 PATTI ZEIS U COMM. # 1796837 (� s NOTARY PUBLIC - CALIFORNIA 0 ORANGE COUNTY COMM. EMPIRES APRiL 29 2012 , (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DCK.UMENT (Title or description of anaahed dc—weal) (I itle or description of attached docurnrnt continuer)) Number of Pages _T Document Date__ (Additional information) CAPACITY CLAIMED BY THE SIGNER L Individual (s) L:1 Corporate Officer { Title) U PtiMcr(s) ISO Attorney -in -Fact ❑ Trustee(s) El MCI - INSTRUCTIONS FOR COWLE TIN6 THIS FORM Anv orkhawladgtnnrt completed in Californla ttnttl contain mrbiage exactly as appears above in she notary reckon or a wiarare neinowledgrneni jtv'm masr be prvper(� completed and attacked to shot document. The only exreptim a tj a dacaneal is to be recorded oatslde o%Cal jwroa. In such insiasm. ant alternative orinowledg►tent urrbiage as may be primed on such a dootmeat so long as fk "erbiogr does nw require tkr notary to do sonserhing that is iftal for a notary is Callforma (i.r rrre&ng the authorized caparirr of the signer). Pimse check the dommeni eaf#%gv for proper notarial wording and attach this fora ifregaired. + State and C sstntty is fanmtmn most be the State and County where the docutrnew signerts) pcts 4y appeared before the notary public for acknowledgment. • pate of trtsti7 aliMt must be the Mtn that the wgncrls) personally appeared whit► must also he the same date the aclvmwhdgrnent is mmpteted • the notary public must Pont his or ter name at it appears within his Dr her ennmissioa (allowed by a comtmt anti then your title (notary public) • Print the narme(s) of docuaren, sipneris) who personally appear at the time of notarization • Indicate the Correct singular or plural forms by c"sinp off inconcei forma (ce Mislietslr yr is iare I or circling dw ctxiect foran Failure to conrcty inikitic this inforramoon nay lead to rejection of ducuttwat rtxarding. • ncc notary sal bupremioa must Ise tilear and photographically reproducible. tmpraciion moan as caves lent to Imes. If seal impteasiao $Modp*, re-sral if a 'WrIcient area pwolits, otherwise ccmtplete a diffaent acknowledgment facto • Signature of the notary public mast match the signature on File with tile office of the county clerk, 4 Additional inkiratation is not required but could help to ensure this scknowlodgrxnt is not ntistssed of attached to a different dncutncnt. 4 Indicate tick tx rype otanached document, number of Paget and date. 0 Indicate the capacity claimed by the signer If the claimed capacity is a cogxrrateofficer, indicate the title(i.e CEO. C.Fo.Seccretary). • Securely onach this document to the signed dtxumem M A. R 1 P 0 L A N D S C A P E S Company Information President/Treasurer: Terry Noriega California Corporation: C1469653 California Employer ID: 368-4753-1 Licenses & Certificates Contractors State License. Qualified Applicators License: Pest Control Adviser License: Pest Control Business License., Irwindale Business License. Supplier Clearinghouse MBE: City of Los Angeles MBE.- LA County MBE: LA Co. Agricultural Pest Control: Certified Arborist: Secretary: Antonio Valenzuela Date Incorporated October 2,1989 592268 103864 74416 30977 000538 94HS0050 561730 43914 1000279 WE-1182A C27, A, C61/D49 ABCDEFH ABCDEG N C Expires04/30/2012 Expires 12/31/2011 Expires 12/31/2011 Expires 12/31/2011 Expires 06/30/2012 Expires09/04/2012 Expires05/09/2013 Expires 10/27/2012 Expires 12/31/2011 Expires06/30/2014 Minority Business Enterprise Our MBE Certification, File No. CCA-7150 for the City of Los Angeles has an expiration date of May 18, 2013. The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156. Our EEO/Affirmative Action plan is currently approved by the Office of Contract Compliance pursuant to Los Angeles Administrative Code Section 10.8 et seq, is on file with this office and will expire in 2012. The County of Los Angeles Office of Affirmative Action Compliance has recertified Mariposa Horticultural Enterprises, Inc. as an eligible participant in the County of Los Angeles Community Business Enterprise (CBE) Program and its expiration date is October 27, 2012. Geographic Coverage Our current geographic service area includes Los Angeles, Orange, Riverside, San Bernardino and Ventura counties. From our Glendale, Arizona offices, we serve the entire Maricopa County. Financial Resources Mariposa has been capable of me sting all financial obligations for over 30 years. There has been recent growth in the down economy for the company, including new locations in Santa Ana and Palm Desert. Green Initiatives Mariposa Landscapes, Inc. uses effort to initiate "green" environment and energy conservation. Our company has a recycling program for green waste and paper products. We implement this program at our local office and at all the job sites. Mariposa is researching and looking forward to purchasing hybrid vehicles and equipment to be used on our contracts. We are striving to be as environmentally conscience as possible and are expanding our operations to achieve this goal. Mariposa works with all its clients to assure optimum water usage where possible. Mariposa notifies all project managers of the green initiatives prior to the award of contract. �!',�HV AV. i6'VliliC' LF. -A 01 T.() ;A fi_ 'usL:H conT zwc-ORS DCENSF NC U9226P r`,_ o22) 96 FAX 626 •960 • 8&'77 Company History 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 Installation Division was added, and in 1999, a Tree Care Division was formed. In 1989 he established El Nativo Growers Inc., a nursery that specializes in native and drought resistant plant material that is native to California, Australia, and the Mediterranean. The nursery is located in Somis, CA. Mariposa Landscapes reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company changed their business name back to Mariposa Landscapes, Inc. The company currently has a workforce of over 400 in California and Arizona. A brief chronology. • 1977 —The Company is established in Rosemead, California. • 1982 —The Public Works Maintenance Division is formed. • 1989 — The Public Works Installation Division is added. • 1990 — Relocates to our current facilities in Irwindale, CA. • 1999 — Expands operations by opening a branch in Fontana, CA. • 1999 — The Tree Care Division is started. • 2000 — Expands into servicing the Ventura and Oxnard areas. • 2003 — Establishes an office in Glendale, Arizona. • 2006 — The company starts the process of supplementing its workforce, by hiring foreign workers through a unique Guest Worker program through the U.S. Department of Labor. • 2009 — Changed business name back to Mariposa Landscapes, Inc. OrLyanization Memberships and Staff Certification 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 • Los Angeles and Orange County Chapters of CAI • CACM • CLCA (California Landscape Contractors Association) • ISA (International Society of Arboriculture) • PAPA (Pest Control Applicators Professional Association) • CAPCA (California Native Plant Society) • CAN (California Association of Nurserymen) • ANA (American Nurserymen's Association) • CNPS (California Native Plant Society) • Southern California Horticulture Society • American Society of Professional Estimators Page Number 2 of 11 Pages. On staff, we have numerous people certified or licensed in the following: • California Landscape Contractor • California Engineering Contractor • Pest Control Advisor • Pest Control Operator • Pest Control — Qualified Applicator • Certified Arborist • Certified Tree Worker • Line Clearance Certified • Line Clearance Certified Instructor • Certified Water Auditor • Certified Backflow Inspector • Board Member — California Landscape Contractors Association (LA/SGV Chapter) • Certified Landscape Technician — Maintenance • Certified Landscape Technician — Installation • Certified Professional Estimator (American Society of Professional Estimators) • CAN — Certified Nurseryman Page Number 3 of 11 Pages. Contract No. C31540 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 CONTRACT DOCUMENTS AGREEMENT This AGREEMENT is made and entered into this 24th day of May 2012, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Mariposa Landscapes, Inc. hereinafter called "Contractor." WITNESSETH: WHEREAS, on March 28, 2012 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 9 per specifications; and WHEREAS, pursuant to said invitation, Contractor submitted a proposal, which was accepted by City for said services; and WHEREAS, Contractor has re-examined its Bid Proposal and found it to be correct, 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, 2012, through June 30, 2014, 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 Two Hundred Thirty -Eight Thousand Eight Hundred Ei ty-Nine Dollars ($238,896) 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 and its officials, employees, 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 and its officials, employees, and agents as to any such claims, lawsuits, liabilities or damages. C31540 SECTION 1, CONTRACT DOCUMENTS Page 1 Contract No. C31540 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; Attachments; Exhibits; Addendum Nos. _I_; 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, 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. C31540 SECTION 1, CONTRACT DOCUMENTS Page 2 Contract No. C31540 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 Landscapes, 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 A Municipal Corporation ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MARIPOSA LANDSCAPES, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS C31540 SECTION 1, CONTRACT DOCUMENTS Page 3 Contract No. C31540 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 State of California } } SS County of Riverside } (Seal) 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) C31540 SECTION 1, CONTRACT DOCUMENTS Page 4 Contract No. C31540 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 CONTRACT DOCUMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Mariposa Landscapes, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 9 PROJECT NO.909-12 CONTRACT NO. C31540 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 Two Hundred Thirty -Eight Thousand Eight Hundred Ninety Dollars ($238,896), 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 officials, employees, 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. C31540 SECTION 1, CONTRACT DOCUMENTS Page 5 Contract No. C31540 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 PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER C31540 SECTION 1, CONTRACT DOCUMENTS Page 6 Contract No. C31540 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9,2012-2013 PROJECT NO.909-12, CONTRACT NO. C31540 CONTRACT DOCUMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Mariposa Landscapes, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 9 PROJECT NO. 909-12, CONTRACT NO. C31540, (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 Two Hundred Thirty -Eight Thousand Eight Hundred Eighty -Nine Dollars ($238,896), 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. C31540 SECTION 1, CONTRACT DOCUMENTS Page 7 Contract No. C31540 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 ,20 PRINCIPAL/Contractor: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is The total amount of premium charged: S (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) day of (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 REOUIRED 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) C31540 SECTION 1, CONTRACT DOCUMENTS Page 8 "REVISED" 2 MAGNESIA FALLS DR 0 i PARK VIEW DR Q � 9 U Q a FRED WARING DR d �a��JO� `„FRRED WWA_RINNG R C ti w Q R d z � Q H h V � >- LU w DEANZA WAY O � z0 SAN GORGONIO WAY ALESSANDRO DR m v �-4SEO EL PASEO 5 EL PASEO 2 Q PITAHq GRAPEW NE ST BURSERA WAY HAYSTACK RD MESA VIEW DR Q PORTOI-P FAIRWAY DR m Q +/- 667,370 SQ FT This number is an estimate and the city makes no statement as to the accuracy the number. Field verify. II