The URL can be used to link to this page

Home My WebLink AboutC33300 - LMA No. 6 - 906-144. PORTOLA AVE I it llupd ,Ipylul o,,l J,Immmiaf�dIIIIV{iJ''= Jiww01w.m�, F RIQI,NK�SINR "'CO'UNTRYCLUB DR LANDSCAPE AREA 6 e LEGEND ® LMA6 Palm Desert Parcels City Boundary 1 INCH = 800 FEET // .11111,1 tom le AZ .111 0 1 mi.,. 4 Alk OM GO I F-74 Contract No. C33300 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33300 FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO MARIPOSA LANDSCAPES, INC., OF BERMUDA DUNES, CALIFORNIA, FOR A TWENTY- FOUR MONTH CONTRACT IN THE AMOUNT OF $145,224.00, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF THE CONTRACT AMOUNT, OR $29,044.80, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 906-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Mariposa Landscapes, Inc. 78355 Darby Road Bermuda Dunes, CA 92201 DATE: April 24, 2014 CONTENTS: Proposal Agreement and Bonds Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C33300 for Landscape Maintenance Area (LMA) No. 6 to Mariposa Landscapes, Inc., of Bermuda Dunes, California, for a twenty-four (24) month contract in the amount of $145,244.00 ($72,612.00 per year); 2. Include extra repair work and services in an amount not to exceed 20 percent of the twenty-four (24) month contract amount, or $29,044.80; and 3. Authorize the Mayor to execute the contract. Funds are available in the Desert Willow Account Numbers 441-4195-495-3320 (for maintenance) and 441-4195-495-3321 (for extras). Contract No. C33300 Staff Report Award Landscape Maintenance Area No. 6 Page 2 of 3 April 24, 2014 Backqround The contract for LMA No. 6 has previously been awarded on a low-bid selection basis. However, during the last several years, awarding the contract based only on price has resulted in contractors providing unrealistically low bids and then not being able to perform the work according to the contract specifications. As contracts for the other LMAs have expired, staff has used a revised process of bidding landscape maintenance work from a low bid selection to a service-based selection that evaluates cost as well as other factors. The vendors selected using the new selection process have proven to be reliable and have provided good service without the need for staff to resort to assessing deficiencies, which was a common occurrence with past vendors selected using the low-bid process. A Notice Inviting Requests for Proposals was advertised on March 15, 2014, and proposals were received from the following companies: 24-Month Avg. Contractor Location Proposal Amount Score Mariposa Landscapes, Inc. Bermuda Dunes, CA $145,244 94.3 So Cal Land Maintenance Anaheim, CA $128,640 87.6 Hort Tech, Inc. Indio, CA $267,600 81.3 All Seasons Landscape Cherry Valley, CA $139,200 77.3 Kirkpatrick Landscaping Svc. Indio, CA $198,432 77.0 Vintage Associates, Inc. Bermuda Dunes, CA $182,800 76.0 Andy's Landscape & Tree Svc. Bermuda Dunes, CA $138,000 68.0 Blue Sky Landscape Corp Cathedral City, CA $124,800 68.0 A proposal review committee made up of staff then met and numerically ranked the proposals. The selection criteria was comprised of experience and history; qualified manpower, equipment and other resources; completeness, clarity, and practicality of the proposed work schedule; base landscape maintenance cost; cost for additional work; completeness, thoroughness, clarity, and neatness of the proposal; and credit was given for the proposer having a local office of operations. Based on this thorough review, the selection committee recommends awarding the contract to Mariposa Landscapes, Inc. 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. Contract No. C33300 Staff Report Award Landscape Maintenance Area No. 6 Page 3 of 3 April 24, 2014 Fiscal Analysis The amount budgeted in the FY 2014-15 budget for this work was based on an average of the previous bids for LMA 6. The service-based selection used for this contract, which evaluates cost as well as other factors, has resulted in an increase of 8.8 percent over the amount budgeted. This difference will be addressed at mid-year budget review. This is an on-going maintenance activity with no fiscal impact beyond the contract and extra repair work amounts. Prepared By: Depa m t ead: �o� H. Spenc night, Landscape Manager Mark G e nwood, P. . C7•Z.Y� ' 1�Vorks APPROVED.... DEN1Ed RECEIVED OTHER Paul S. Gibson, Director of Finance MEE G DA AYES: �`� ; , � � NOES: � A roval: ABSENT: n - � ABSTAINs VERIFIED BYs Original on Fite with City erk's Offics n M. Wohlmuth, City Manager � � C{TY �F PALM DESERT LANQSCAPE MAINTENANCE AREA N(7. 6, 2QY4-20f6 � PROJECT NO�. 906-14, GONTRACT NO. C33300 C4NTRACTtJR'S PROPOSAI. SUBMISSION F�RMS � C+C3ST PRt�PQSAL TU: CITY OF PALM DESERT, "ClTY" � DA7E: � n� 'I 3. 2014 PROP4SER:Mariposa �andscapes, Inc. "CONTRACTtJR" � The undersi�ned dec�ares that he/she has carefully examined the Terms and Conditions, the General Terms and Condi�ions, the Specific T�rms and Conditions, and the Attachments accompanying fhe Not�ce Inviting Proposa(; ar�d Addenciums � No.(s) t tt�at he/she is thorough(y fami(iar with the contents #hereof, and is authorized to repres�nt the respective firm and propose servi�es to City of Palm Desert. � It is understood that the price shown herean includes all routine and seasona! maintenance described in the spec�ficatians. � The casts of any work shawn or required in the Specificatians, but not specifically identified as a Contract Pay Item are inctude� in the Contract Pay Items, and no additional compansation shafl be due Contractor by virtue of Cantractor's campliance � wEth the Specifications. Far each item, the averaged one-month maintenance cost shaif be indicated and the total of these costs shalt be extended for the #erm af the contract. This contracf will � begin July 1, 2014, encfing June 30, 2016, with an op�ion for two nne-year ex#ensions at the City's optian and based on Contractor's perFormance. Proposer must prov�de costs � for all items belc�w. ��'� ��,F . �3p� ��.'�� {q�'"-^ � . � �. ` �.2,�. ...�-. . . Y.`�!,i�±LC�S.��A7.�4��:��r��-.�n'.��,a��'�4SSY ��I.u.i �.5�'�a' �i Y +� .�� ot+ � - y� . r.' :/ r 3�... a :9t at' _.h>.:.:e, A?...� �f �� }�,..'. . ...w. . . � . ,.,.. _., . .. � .A.. . 1 Desert Willaw perimeter and median landscaps 6,051.00 72,s�2.00 {per Proposat Lacations describad an page � number 44) ��-, � ,�. _ , ,�, ,�.r�� -. a � ., � ,�, „ �� '� '�2�k4v h��,`_ � r . . '�`sy. , w, . 8 ..�.,r. Y . ' .$��+ �"b��"'�fi�A�� tt q� �G�i,,,�..:v ��,+ . ° �:.� t. �� g'�,I^.'1�`„i��'��iLr±Y�� %s��K:�+a;. �.c. _{.15.� ^��X.. � r'. �� '�'i o �.ys �C�i � �Y .,t• 'r�ik�:._. °i�?�+5�.�. 'z� :S ".�i+4✓,��1T.6S�':. .t a��..w'4.'��1.1F ..^xv:. _.�ir.��',',iaS'.�`��,:: � T4TAL AMOUfVT BASE PR4POSAL [N FIGt1RES $ 72,612.00 ,� TOTAL AMOUNT BASE PROPQSAL EN WORDS Seventy Two Thousand Six Hundred Twelve and 00/100 Dollars ;� Signature line and Notary are on the next page � MUST BE 1NCLUt�►ED WlTH GaST PROPUS�IL �+r,�: y� A�- /� k� �s �Va7��-��V��tY � L+��7��F,`i�DOCUl��i�TS �s A 4t ��.�a '' � r��.h �7'r](rp hrn . ...... ......... ...._�..�_.,t..__._ ,.,_._.,.. . ._..._..�. .,�..�...... .� ,��.+..�,,:��_....-,r ......._, .... .. <#'. . ...,...� _��.+9... .,:...'.�. s _. � � � � IN WITNESS WHEREOF C4NTRAC7Cy executed this Proposal as of date set farth: By: � Sign e Title: Mariposa Landscapes, Inc. � GUNTRACTQR State o# California } � COUt1fy'O� Los Angeles } � Subscribed and sworn ta (or affirmed} be#ore me on this ��``� day t�f �-('rs` t � (month}, 2c�t (Year}, by _'`1��'�-`C v�—(�� , prove� to me an the basis of sa#isfactory evidence to be the person(s) � wha appeared before m�. -,,,� � Signature af Notary _ (Seai of Notary} � �.""".»�:'"cxo� • r COMM#2002552, a W Notary Public-Califomia� a My�CanmNanEE pue�D�ec.�0.��6� � � � � � � � � �� ca��oo s�c�i�N i,Ct�NT��cT aacunn��Ts. ` P�(� , ...,.._x ..._....._... .. „a .,. �....c. ..-.........5. .... ... ....�..�'� ..�.... .:' +..,t.:.,�.., .._.S.e...4.h.........-:. .,.........'t.`��T.. ...,��`�..�.. .- �y� E r � .i � � LANDSCAPE MAINTENANCE AREA NO. 6, 2014-20i6 PROJECT NO. 9p6-14 CCtNTRACT N0, C333€�p � CONTRACT4R'S PRt7Rt�SAL SUBMISSlON FORMS ADDITI4NAL Wt7RK PRICiNG SCNEDULE � LABOR � Additional Laborer $2s.00 per hour Additional Irrigator $ao.00 per haur Additional Foreman $35.00 per hour � At City's discretian, additional worEc may be paid far using the contractual hourly rate for labor listed above with a i 5% mark up on materials or by using ti�e unit pricing iisted � below. � PLANT MATERIAI REPLACEMENT Unless otherwise described, reptacsment plant material wiff be whatever is normai and customary for the Ci�ty o# Palm Desert. � 1-Gallon Shrub Installed $ s.00 � 5-Galfon Shrub Insta!!ed $30.00 15•Gallan Tree InstaUed* $ss.00 � 24"-Bax Tree InstaNed� � soo.00 Note: Anything over 24" box sixe wil� be paid at the contractual hourly rate for � tabor, and materiafs at cost pius a 'f5'/a mark up. *inc(udes the fallawing: digging of hafe, setting af tree, backfilling, watering-in of tree, � s#aking (if needed), and securing with cinch ties � [RRiGAT10N SYSTEM REPAtR Irrigation repairs will be paid at the hourly ra#e indicated above and with a 15°!a mark-up on materials. � � � � �333DdS�CTi{31�j�.��C31t�3'�AC�Tfl��lfMENTS _,�;° ...,z.a_�. ,=�.�X. �..��.::�=.._N. ,._; ,.,..,:.:Page,�t .. .. .�::. , � ......�. ....__._.. ... � � CiTY OF PAIM DESERT LANDSCAPE MAINTENANCE AREA NO. 6, 2014-2016 � PROJECT NO. 906-14, CUNTRACT NU. C33300 CONTRACT4R'S PROhPfJSAL SUBMISSION FORMS }� W�RK EXPERIENCE AfVD TECHNlCA�ABIL.�TY Of THE PROPQSER(S) � ATTACH ADDITIONAL SHEETS AS NECESSARY T� PR4VIDE COMPLETE RESPONSES � 1. CC�MPANY NAME: Mariposa Landscapes, Inc. TYPE: � • Sole proprietor • Partnership • Corpara#ian x 2. COMPANY ADDRESSES/PH(�NE NUMBERS: MA(N QFFfCE: � row Hi hwa Irwindale CA 91706 626-960-0196 � LOCAL 4FFICE: � 78355 Darby Rd, Bermuda Dunes CA 92203 � EMERGENCY CONTACT PERSON: Name: Andres Perez � PhO�G: 626-392-3050 � 3. CONTRACTOR LICENSE INFORMATlCJN: • LICENSE NUMBER/CLASSIFICATI�N/NAME STYLE: � Lic. No. 592268, Class: C-27, A, C-61JD-49 � • NUMBER QF YEARS OPERATING UNDER ABOVE LICENSE/NAME � STYLE: 24 • LICENSE EXPfRATION DATE: � 4/30/14 � C�3�O�;;��t'��I`;�s��G�Q��"�.��:_0��`�n�� ,�;;�:��,�,��J �,r�� Vp-� r ,••��;t,r��.��«�:, o. 3....��..N..�:.y..�....�i;:,wy�S,-+}�.c:.�«i�:'...�'t.c�>u.a�.�-��r.�'i�.��'�'�"�+�u...��.�t2 s,`?�rd`�'iT'�i.�: � � � • CURRENT LICENSE STATUS: Active � • PRIUR ACTiONS AGAINST THIS LICENSE? N�A !F YES, LIST CITATION TYPE AND HOW RES(�LVED: L�!/A s � 4. CC)MPANY'S FEDERAL IDENTlFICATION Nt�.: 95-4245sss F 5. NAME AND TiTLE OF CQMPANY UFFICERS: � Ter Norie a, President Antonio Valenzuela, Secretary � Theresa Lu, Treasurer � 6. lJUMBER OF YEARS CQMPANY HAS PRQVlDED LAf�DSGAPE MAINTENANCE SERVICES; 36 yrs 7. NUMBER C7F YEARS COMPANY HAS PROVIDED LAN�SCAPE � MAtNTENAi�ICE SERVICES FOR PUBLlC AGENC{ES: 26 yrs 8. NUMBER OF YEARS CC?MPANY HAS PR4VfDED 1.ANDSCAPE NtAlNTENANCE SERVICES IN THE COAGHELLA VALLEY: 18 yrs � 9. CURRENT LANDSCAPE MAI�lTENAIVCE OPERATIONS THE ClTY REC'4GIVlZES THAT THE lNF4RMATlQIU PRUI�IL7ED BY � ANSWERING TNIS QUES770N(G?UESTIC►1V 9) !S PRDPRIETRRY tN NATURE, AIVD !F THE PRpPOSER ELEeTS TN�4T THIS INFC�A'MATIDN BE KEPT �Cl.?NFIDENTIAL, lT MUST BE SUBMITTED !N A SEPRATE ENVEL�PE � MAf�KED "CURRENT LAiVDSCAPE MAINTEIVANCE (�PERATIQIVS" AND SUBMlTTED SEALED Wt7'NIIV THE PRQPOSAL. � TOTAL LAI�DSCAPE MAtNTENANCE CCINTRACTS: g�% � + PERCEF�TAGE pF TOTAL CC3NTRACTS WITH PUBLiC AGENCIES: ��°% � • PERCENTAGE OF TOTAL CONTRACTS IN THE CUACNELLA VALLEY: 10% • PERCENTAGE QF T4TAL PU�LIC AGENCY CONTRACTS IN THE � C�AGHELLA VALLEY: �% • T4TAL D4LLAR VALUE OF LANDS�APE MAINTENANCE GONTRACTS: � �20,000,000.00 • PUBLIC AGENCY PERCENTAGE OF T4TAL MAINTENANGE CONTRACT � VALU� (Based an doilar value}: $o°iQ C33,�p0��'t�N 1;GO�f�XCT.�DQCi�i1�I�NTS... : '. �,�...:� . .:�..�`��4,�,�.�:s.:� .t.�. �: .� .....�.�'�9.�,f��r._,� .... � � a � • NUMBER aF EMPLOYEES CCIMMIFf'ED TQ L.ANDSCAPE MAIN�FENANGE ° OPERATIONS (Total campany-wide) � �_�I��'�>:x�. ,t,;;♦�:� °�. ;k,'.� �.�.:;-�Num�er�x�;�`A��ra`�� om ,�n�a�ion�: :�:.n��r�,��:��;;°� Su ervisor �o �,350.00 Per Mo Irri atian Technician o ao.00 Per Haur Foremen �o0 35.00 Per Hour Laborer �0 2s.00 Per our *Use fulEy burdened rate (i.e., taxes, insurance, benefits, OH & P) � TYPE & NUMSER c�F VEHICLES & P4WER EQUIPMENT COMMITT�D T(� Ai.L LANDSCAPE MAINTENANCE t?PERAT(QNS (fnc(ude sample phvtos}: � 9 MQTOR VEHICl.ES • TYPE: Pick-up Trucks NUMBER: 60 � • TYPE: Utility Bvdy Trucks NUMBER: 42 • TYPE: Fiat Bed Trucks NUMBER; 26 i TYPE: Pick lJp 3/4 NUMBER: 62 � • TYPE: 1 Tan t�lUMBER: 38 • TYPE: _Bucket NUMBER: 6 • TYPE: Dump htUMBER: 25 � ➢ POWER EQUfPM�NT MQWERS — Rotary (Large Area) � • TYPE: �6� NUMBER: 2 • TYPE: �� NUMB�R: 2 � TYPE: 12,1ohn Deere NUMBER: 6 • TYPE: 72"XMark ��{�{g�R, 26 � MOWERS—Rotary (Small Area) • TYPE: �o�� NUMBER: �5 � + TYPE: 50" NUMBER: 22 • TYPE: 3s" NUMBER: 20 • TY'PE: 2�� IUMBER: 36 � M�WERS-- Reel (Large Area} + TYPE: _$�.�� NUMBER: 4 • TYPE: 72" �IUMBER: � � � TYPE: 27�� NUMBER: 16 • TYPE: NUMBER: MOWERS — Rotary (Sma!! Area) � � TYPE: �o�� NUMBER: 15 • TYPE: so�� NUMBER: 22 • TYPE: 36�� NUMSER: 20 � • TYPE: 2�° NUMBER: 36 MOWERS —Other • TYPE: F�ail NUMBER: 2 � � TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: � � C3�300 5��1'101�1;_��NT�ICT�t3CUlG1E�T�N_.�i��a .��...,_ �_� �:'�$..`�_. ._. �,... :. . ; ._Page�a�:t.... __.... p � � - ,.. .. .... � 1 � � TURF SWEEPERS and VACUUMS � TYPE: Sweeper Star 60 NUMBER: 2 • TYPE: NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: AERATC7RS � � TYPE: Tow Behind NUMBER: 4 • TYPE: Walk Behind NUMBER: 24 • TYPE: NUMBER: � « TYPE: NUMBER: SEEDERS • TYPE: Slit Seeder NUMBER: � � • TYPE: Gearmore Hopper NUMBER: 2 • TYPE: Waik Behind NUMBER: 2� • TYPE: NUNiBER: � SPRAYERS * TYPE: Pro Gator 2020 Sprayer N��gER; 6 * TYPE: 20o Gai Trailer NUMBER: 12 • TYPE; NUMBER: ` • TYPE: NUMBER: � TFtACTQRS • TYPE: Kubota 470o NUMBER: 2 + TYPE: Kubota 4900 NUMBER: 2 • TYPE: Kubota 4030 NUMBER: :� � • TYPE: Ford NUMBER: 2 UTlL1TY VEMtGLES • TYPE: Cusman NUMBEI�: 10 � • TYPE: Gators l�JUMBER: 12 • 7'YPE: NUMBER: • TYPE: NUMBER: � ➢ NON-PaWER EQUIPMEf�T � TRAILERS . -rypE; 5 x 10 NUMBER: 55 • 'r'Y(�E; Mighty Mover NUMBER: _28 • Ty'PE: s2 x �2 NUMBER: 12 � • TYPE: Zeiman NUMBER: � . QTHER � • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: � � � . � __ C�.3�Op�EG�l.O� i,GC?{'�tTRAGT K3,OGUtUIE�t;u�_..:.....�...;'. .,.�.�;. � f .`.:....c�,.�...�:Y`�'��gQ i��,j,�� . ..._. .. . .—..� .. . . .� r...... � .. i n..., h . . v a . � � � 10. REFERENCES � LIST THREE (3} REFERENGES CURRENTLY OR SUCCESSFULLY COMPLETED WITHIN THE LAST FIVE (5} YEARS. ONE REFERENCE MUST BE FRC)M A PUBL.IC � AGENCY AND 1NVOLVE WORK ADJACENT TQ PIJBLtC RC3ADINAYS. UNE OR ANY NUMBER OF THE THREE {3) REFERENCES CAN BE FROM THE CITY OF PAL.M DESERT. REFERENCES MUST BE OF EQUAL OR GREATER SCOPE TO � THIS C4NTRACT , :.. ;.. �_� t�� ,�:_� , ;' .. ��1\�,GrJ ,,j�. ..«. w., �,� �` `.�. �r r � a� ' + a ..a,...;; . .. :r� .....�(.�. � ...,,;:.. ._........ ...x..... ,, . ,..�.J.�.:i .,..... .._»�. ___..;.. t a. � ��a't" e� � . ..._.. ...t...3^ ..:t-.. ?_a.... . . . . .�t��..�� Contract Name, "'�� Annual Contract Number & Length of Pub(ic Agency Amaunt Locafion Canfract Cvntact Information � � � �3.100.00 yr 2008-Gurrent City of Rancho Mirage Agency Name (Name&Numbery 69-825 Highway 111 Address Contra�ct Location anc o irage, 0 � _ City/Siate2ip Phone � BillOppenheim Cantract AdminesUator � Z � 238 608.00 vear 2011-Current City of Coacheila Agency Name (Name&M1tumber) 1515 6th Street Address � Contract�ocatton Coachella, CA 92236 �;ryfState2Ep 760-398-57 x Phone � � Len Germain Gantract Administrator � � � _$1 164�213.00 1993-Current Ci of Rancho Cucamon a� nc tvame (IVame&Number) g � Y � 9153 9th Street Address Contract Location Rancho Cucamonga, CA 9�.�� y e2� - - x Phone � � Steve Relph Admir�istrator � � THE FOLLOW(NG QUESTfONS WiLE. BE ASKED C}F EACH REFERENCE: • Daes the contractvr adequateiy staff in order to meet the cvntract re�uirements? � Is the cvntractor's staff adequatefy trained? • ts the contrac#ar's equipment in good woricing order'? • Daes#he contractor communicate m a timely and e#fective manner? • is the contractor's staff kn�wiedgeable with projecticon#ract standards? • Does the eantractor respand to compfaint/requ�s#s in a timety fashion? • Does the contractar resoive deficiencies without assessing cantractuai fiines andlvr deficiencies? • Wouid you accept future proposais/bids from this firm? G`3�3Q4rS��G`TIQIV �,.CtON'T�t�IGT DQCt�fU1�P!'��..f_',. ._.�,..,:�.c ._'`A..'.: ��" .f::�`.��. ��..;��'{ �., ;a}��g��;!�`,`... . .:,•:; � � PROPQSED FAC[LITIES, Et�UIPMENT& STAFFtNG SCHEDULE Facilities• � List location/address and telephane phone number of facility(ies) from which work crews and equipment wiil be dispatched. � 7_$�55 Darbv Rd. Bermuda Dunes, CA 92203 � Tet 760-321-2107, Fax 760-321-2104 � Eauipm�nt: List equipment to be furnished to execute work tasks specified in this Agreement, � Generai Pravisians, and Speciai Provisions. Us� additianai sheets as necessary. Inc(ude photos. � ➢ POWER EQUIPMEhtT M�WERS � TYPE: See Attached Proposai NUMBER: � ` �P�: NUMBER: � TYPE: NUMBER: + TYPE; NUMBER: � TURF Si�iEEPERS and VACUUMS � TYPE: See Attached Proposal NUMBER: • TYPE: NUMBER: « �PE� NUMBER: � + TYPE: IVUMBER: � AERAT4RS • TYpE; See Attached Proposal NUMBER: • NP�� NUMBER: • nPE: NUMBER: � • TYPE: NUMBER: SEEQERS � • TypE; See Attached Proposal NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: � SPRAYERS • TYPE: See Attached Proposal i�UMB�R: � � � TYPE: NUMBER: • NPE= NUMBER: • nPE: NUMBER: � � C3330p�L-CT[Ql+t 1t,�Q�TRP�GT[2Ch��!lVf�NTS�,.._;; , .; . , �y (� . . . . . .:. >a ?�'� ! , �< '��' F .kf,-'�.Y,Pr�� 5 - :. . . .. ...,_.. . .... ..,... ._� ....,_ . ... .� ...`,.r. ... � � � TRAGTORS ' • TYPE: See Attached Proposal NUMBER: � TYPE: NUMBER: � • TYPE: NUMBER: + TYPE: NUMBER: UTiLlTY VEHICLES � • TYPE: See Attached Proposal NUMBER: � TYPE: NUMBER: • TYPE: NUMBER: � • TYPE: NUMBER: PR4POSER ACKN4WLEDGES THAT THE COMPANY HAS AN � APPRt�PRIATE SUPPLY QF ALL NE�ESSARY SMALl. POWER AND HAND TOO�S TQ G(.�MPLETE CONTRACTUAL WOE�K. (Please initial)�• U- � Staff: �fst the emplayees, both labor and superuision, to be routinely assigned ta execute work tasks specifie�t En this Agreement, Gsneral Provisions, and Special Provisians. Be sure to note by tit{e arry appiicable Eicenseslcertificati�ons held by assigned personnei. � Indicate with (S) if listed personnei are to be shared with another contract or pro�ect. Use additianal sheets as necessary. . � General Landscape Maintenance (List Labarer(s), Field Supe►visor{s}, and Project Manager(s} — incfude any relevanf education, certi#ication, licensing inforrr�ation and years of exper�ence for each person � listed). Use �cfditian�.i sheets as necessary Account Manaper, Andres Perez, 20 vears experience � . ,__. ._ � _Field Supervisor, Marco Silva, 20 years experience � � Foreman, Miguel Martinez, 16 years experience Laborer, Fernando Escobar, 12 years experience � Laborer, Luis Varea, 7 years experience Laborer, Jose Perez, 5 years experience � Note: Subject to change upon award � . � � � � C333t}O�E��`lQT+�1�_:�,.��ITRA�T'D��UlVIE�1T�,{..�� .,'�`�4.:;..�.,., ,�'.4��. li � ?. .".�: .�;` 4��'.age;��8`�� ,,�� ,_.._....a ._.. , -----... � ,.., .y,..,�...� _._._... .. . . .�_.._, .. � � � Tree Pruninc� and Maintenance ((nciude any ISA or equivalent certifiied personnel and years of experience) � Tree Care Division Man ec�r, Dennis Jones 13 years experience Certified Aborist: International Society of Aboriculture:#WE-5700A � Foreman, Joge Garcia, 15 years experience Foreman, Sergio Huerta, 15 years experience � � � lrrigatian System Maintenance (l.ist technical personnel — include any relevant �d�aca#ian, certification, licensing � �nformation and years ofi�xperience for�ach �ersan listed) ,�gation Technician- Robert Aquilera 10 vears experience � � � � � P�sticide AnpiicatiQn (List ticensed and/or cert'rfied personnel and years of experience - atl non-Gcensed, non- certified personnel must have received verifiable annual training) Use additional sheets as necessary. � � _Field Supervisors. Marco Antonio Silva, 20 years experience Water Management Certificate, Conservation of Irrigation Certificate � � � � �,333�U;SEG�`�01��,.�C3(�1�€1�1CT,E7t'�;CI�ME�TS, ,,:� . ;' ._.�'°�y--._._`� . �.�._;:�� _��,'�I�age;7:9��, e. ,�t,, � Landscape and Irrigation Desiqn ! (List persannei with formal training and certificates and years af experience) � � Estimator,_Joshua Cho 26 years experience BS in Landscape Architecture Chief Estimator, Robert Austin, 28 years experience, California Certified Nerseryman, � Landscape Architecture Certificate- UCLA, Certified Landscape Technician - Installation, Qualified Applicator License- Category B, Certified Aborist#WE-5400A � � IOther Staff Training and F�rm�i Education (incfuding years af experience) ! See Attached Proposal t � � � � � � � � � �q� � e�33�;��71C)iV�,,�SOI�Ti'RACT�'DC)I�CUN{EI�TS �,�.�.,` �.� , r ;, � ,., x;.:Pa��20��{ � �, � .� , ._...., . ,..... .�. ... �,. ..� _ ... . .,__.. ._ , � � PROPQSED PROJECT WORK SCHEDULES � Proposers are to complete the attached work schedule (Attachment 1) form showing the vendor's intent for compieting the worlc described in the praject's General Pravisions, and Speciai Provisions. Use the notation system provided with the Work Schedule Farm. � GREEN WASTE RECYCLING � Contractor shalf recycle ali green was#e removed fram City [andscaped areas at a County-ficensed compast facility. tf any campost is used in the execution af the landscape maintenance cantract, it must be from a facility tha# receives and composts � City of Pa(m Desert green waste. �aid prvducts shall be approved by the Public Works Director or his ciesignee before use. Contractor shai! submit month{y verification of �reen waste disposal ir� the Green Waste Monthly Report. Please describe your � compan�r's program to instrre that �he �City.receives credit for #he green waste that wili be generated firom fanclscape maintenance activities. Be sure to incfude �he name(s), address (es) and phane num�er{s} of tk�e recycfing fa�i�ity{res� #hat wi[I be accepting the � green waste you generate from your operations on the project. For any recycied green waste prod�cts {mulch, compost, soil amendments, etc.} used on the project area, if different from #hose listed above, please give nameladdress/phone information af the � producer. Use additiona! sheets as necessary. MariraQsa Landscapes, Inc. uses effort to initiate"qreen"environment and energy conservation. Our � company has a recycling program for green waste and paper products. We implement this program at our local offices and at all the job sites. � � Burrtec Waste Industries, Coachella Valley Compost Facility 87-011 LandfiN Road � Coachella, CA 92236 � 780-863-4364 � r� � � ,C3334U��TtO.l�fi 1,�Ol�'�1��7`;DQCI3MELV7S _.,::n_ _....�:.`�,.��.. .�: l. ,_,.:� . . .:,:��..,,.:::Rage,�l�t =._.'.:��'.': � _ � � LIST OF SUBCONTRACTC?RS SUBCONTRACTORS: � In campiiance with the pravisions of the Government Code, Sect�an 4142, the undersigned prosper herewith sets farth the name and location o# the place of �usiness � of each subcontractor who will perfarm wark or labor or render service to the genera{ contractor in or about the construction of the work or improvement in an amount in excess af one-haff of one percent �0.5%} ot the general contractor's totai Proposal, and the portian of the work which will be done by each subcontractor, as faElaws: � Name, License, and Ptace of Business Description � Classifica#ion No. and 7elephane of Work � None � � � � � � � � i:� � � r ,C333a�7 S�C�Ipt��-GOlVTR�G7',flQCUM�IaITS � ` � � � y ;Page�2 � �.-.L.l-: � . .....,...20.�..,..... -i�..,�. .Y.....,. .'"?F. .. .e:?�ti.�t... w . .., � .1 � � PROPC}SAI. AFFIRMATION With regard to the information provided hereinabove, i affirm that: � All information provided is true and correct to the best of my knowiedge, and; • I understand that a materiaHy false statement willfuily or frauduler�tiy made in connection with this Proposaf may resuif in the termination of any contract between th@ Cltj/ of Palm Desert dnd Mariposa Landscapes, Inc. , � and as a further result, the aforesaid firm may be barred from participatson in future City contracts as well as be subjec#to possible criminal prosecutron, an�; • 1 have iegal authority t� bi11d Mariposa Landscapes, Inc. to�he terms of this a�firmation. � � FfJR PROPI'�SAL Tt} BE V�4Lid, THiS SHEET N(UST BE SIGNED � 4I3/14 Signature Date Terry Noriega � Printed �lame President � Title Mariposa Landscapes, Inc. Company Name � � � � � � � � � G333Ut�SECTIQN'i,.,Gt71�T�A�;a".DOGUMENT.S.�'..'� c�, �F�` �. , � .>.F,r� , ,�.:� ,. :.:Pag�� , ��'; ,_ ��.>..._ _. .... �_...._ .� .. ...._ .. _ _ ... , ,.... . � � � CALIFORNIA ALL-PURPOSE � CERTIFICATE OF ACKNOWLEDGMENT � State of California � County of Los Angeles � On April 3, 2014 before me, J. Cho, Notary Public (Here insert name and[ide of the officer} � Personally appeared Terry Noriega, President � who proved to me on the basis of satisfactory evidence to be the person(� whose name(s�j is/are�subscribed to the within instz-ument and acknowledgement to me that he/�ie-�1�-executed the same in his/kerf�ir- authorized capacity(�), and that by his/�t�eeix^ signature(�) on the instrument the person(s�, or the entity upon behalf of which the person(�e-}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. ...»...«»»..»»»»«.».»».� J. CHO �� COMM#2002552 a WITNESS my hand and official seal. Q ` Notaypubi�c-canFo«�a� LOS ANGELES COUNTY-� � � My Commissinn Expires pec.30,2Q16� ...-....... ................... (Notary Seal) Sign re of Notazy Public � ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM � Any ncknowledgment comp[eted in California must contain verbiage e�clly as DESCRIPTION OF THE AT'fACHED DOC[JMENT nppears ahove in the notary section or a separate acknowledgment form n�ust be property completed and attached to that document. The only exception is if a AGREEMEN'T SIGNA'fURE PAGE document is recorded outside of California ln such instances,any alternarive (Title or description of attached document) acknowledgment verbiage as may be printed on suda a document so long as the � verbiuge daes not require the notary to do something that is illega!for a nofary in CalifonTia(i.e.certifying the uuthorized capacity of the signer). Please check the (Tide or description of attached docament eontinued) documenr care/'u[!y for proper notarial wording and unach this form if required. � Number pf Pages • State and Counry information must be [he Sta[e and County where Ihe document signer(s)personally appeazed before the�otary public for acknowledgment. Document Date • Date of notarizadon must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. � • The notazy public must print his or her name as it appeus within his or her Additional Information commission followed by a comma and then your tiUe(notary public). • Print Ihe name(s)of document signer(s)who personally appear at the[ime of notazi2ation. y • Indicate the correct singulaz or plurtil forms by crossing off incorrect forms(i.e. � #�e/she/E#�ey,is/afe)or circling the correct forms. Failure to correcdy indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression mus[be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a � ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office (T"�`) of the county clerk. � Partner(s) . Additional information is not required but could help to ensure this 0 Attomey-in-Fact acknowledgment is not misused or at[ached to a different docurtien[. � ❑ Other . Indicate title or type of a[tachecl document,number of pages and date. . [ndicate the capacity claimed by[he signec If[he claimed capacity is a corporate o�cer,indicate[he title(i.e.CEO,CFO,Secretary). :;� • Securely attach this document to the si�ned document. , � � NC3N-CQL1.USiUN �ECLARATION To Be Executed by Propaser{s) and Submitted with Praposal � The undersigned declares: I at7t the President pf Mariposa Landscapes, Inc. th� � party making the foregoing Proposaf. The Proposa( is not made in #he interest of, or an behaff c�f, any undisciosed persan, partnership, company, association, arganization, or corporation. The Proposal is genuine and not coflusive or sham. The Propaser(s) has � not directly ar indirectly induced or solicited any other Praposer(s} ta put in a faEse ar sharn Praposal. The Propaser(s) has nat directly or �ndirectly cat{uded, conspired, connived, or agreed with ar�y Proposer(s) 4r anyone else ta put in a sham Proposal, or � to refrain from proposing. The Rroposer(s) has not in any manner, directly ar indir�ctly, sought by agreement, communication, or conference with anyone to fix the Propasal price of the Praposer(s} or any other Praposer�s}, ar to fix any overheacf, profi#, or cast eiement of the Propasal price, or of #hat of any other Proposer(s). All s#atements contained in the Propasal are true. The Proposer(s} has not, directly ar indirectly, submitted his or her Proposal �rice or any breakdawn thereof, ar the contents thereof, � or divulged information or data relative thereto, to any corporation, partnership, company, assaciation, arganization, {�roposai depositary, or to any member or agent thereof, to effectuate a coliusive or sham Proposal, and has not paid, and wilt not pay, � any person or entity for such purpose. Any person ex�cuting this decfaration on behalf af a Proposer(s} that is a � corporation, partnership, jaint venture, limited liability cornpany, Eimited liabilFty partnership, or any �ther entity, hereby represenfs that he ar she has full power ta SXP.Gl.lt@y and does execute, this declaratian on behalf of the Propaser(s). � 1 declare under penalty o# perjury under the laws of the State of Califamia that the foregoing is true and carrect and th�t this declaratian is executed on � April 3 , �{j14 , at Irwindale , CA C!'�/ St�.t� � g : ,,_.,/ y � Terry Noriega, President Signature Printed Name � � � � ��3aa��Gr�o[v�,��UN'LRACT�QGU M�� '" f ' ,....,. tPfi�efj� �...x�;.,. ..v... .. ... ... ...... .. � .�. a ....�.,.. ... .w.e�. ...�."�'.C�..c.��. .i i. f.... C ,.. .. .. } , Y,.. �v 'YC' . .. . :�.L, ,c...J,'J.. .. _,a...,a . ,.5, a�F ... .. � ,� CALIFORNIA ALL-PURPOSE � CERTIFICATE OF ACKNOWLEDGMENT � State of California � County of Los Angeles � On April 3, 2014 before me, J. Cho, Notary Public , (Here insert name and title of the officer) � Personally appeared Terry Noriega, President , � who proved to me on the basis of satisfactory evidence to be the person(� whose name(e� is/a�subscribed to the within instrument and acknowledgement to me that he/s�e-�k�ey�-executed the same in his/t3er,�re�ii� authorized capacity(�), and that by his/l�erf� signature(�-) on the instrument the person(sj, 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. J. CHO WITNESS m hand and official seal. a �oMM#2oozss2 � y a ''"+� � Notary Public-Califnrnia� !OS ANGELES COUNTY-� �� My Commission Expires Dec.30,2�16� � i.- (Notazy Seal) ••�� Signa re of Notazy Public ��' ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM � Any acknowledgment completed in Califomia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears a6ove in the notary section or a separate acknowledgrnent fonn must be property completed and attached to that document. The only exceptian is if a AGREEMENT SIGNATURE PAGE document is recorded ouuide of California. /n such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the � verbiage does not require the notary to do something that is illegal for a notary in California(i.e.eertifyin�the authorized capaciry of Ihe signer). Ptease check the (Title or description of attached document continued) document carefully for proper notaria[wording and attach this form if required. � Number of Pages • doeum nd County informaGon must be the State and County where the signer(s)personally appeared before the notary public for acknowledgment. Document Date • Date of notarization must be the da[e that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. � • The notary public must print his or her name as it appears within his or her Addi[ional Information commission followed by a comma and then your tide(notary public). • Print the name(s)of documen[signer(s)who personally appear at the time of notarization. � • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. {;e/she/they, is/:xe)or circling the correct forms. Failure[o conecUy indicate CAPACITY CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a � ❑ Corporate Officer su�cient area permits,otherwise complete a different acknowledgment form. • Signamre of the notary public must match the signature on file with the office (T'uO) of the county clerk. ❑ Partner(s) . Additional information is not required but could help to ensure this ❑ Attorney-in-Fact acknowledgment is not misused or attached to a different document. � ❑ Other -- . Indicate tide or type of attached document, number of pages and � date. . Indicate the capacity elaimed by the signec If the ciaimed capacity is a corporate officer,indicate the tide(i.e.CEO,CFO,Secretary). � • 3ecurelY a[tach this documeni to the siRned document. { 760-341-7098 02:42:38 p,m, 03-21-2014 1 /2 a;c'`; � 'r��'I ��I � � � � CITY QF PALM DESERT RiVERSfDE COUNTY CALiFURN1A � ADDENDUM NO. 1 � FOR � CQNTRAGT NO. C3__33Q0 PROJECT N0.9��-14 � LANDSCaPE NIAINTENANCE AREA NO. fi � �� MARK GREENWO�D, P.E. � Director of Pubiic Wr�rks 73-51� Fred Waring Drive Palm Desert, Ca 92280 � 1SSUED March 21,2014 � � � � � � 760-341-7098 02:42:50 p.m, d3-21-2014 2/2 t � I.ANDSCAPE IUTAINTENANCE AREA Nf�. 6 � PROJECT NO. 906-14 Ct3NTRACT NO. C3330Q r� ADDENDUM N0. 1 � The ninth (9th) paragraph on Page 1, Nfltice lnvit(ng praposal, of the Contract Documents and 5pecifications is hereby deleted. There wi11 be no pre-proposal � meeting. � � � � � � � � a � i Contract No. C 33300 AGREEMENT This AGREEMENT is made and entered into this 24th day of April 2014, 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 15, 2014, City invited Proposals 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; and WHEREAS, Contractor has re-examined its 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, 2014, through June 30, 2016, 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 at the City's option and 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 therefor, the total sum of One Hundred Forty-five Thousand Two Hundred Forty-four and 00/100 Dollars ($145,244.00) 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. 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. Contract No. C 33300 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 Proposal. The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE: The Notice Inviting Request for Proposal; Proposal Terms and Conditions; Instructions to Proposer(s)s, General Terms and Conditions; Specific Terms and Conditions; Contractor's Proposal Submission Forms; Attachments; Exhibits; Addendum Nos. 1 ; 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. Contract No. C 33300 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: To Contractor: Office of the City Clerk Mariposa Landscapes, Inc. City of Palm Desert 78355 Darby Road 73510 Fred Waring Drive Bermuda Dunes, CA 92203 Palm Desert, CA 92260 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 MARIPOSA LANDSCAPES, INC. VAN G. TANNER, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: APPROVED AS TO CONTENT: DAVID J. ERWIN, CITY ATTORNEY MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C 33300 CONTRACTOR NOTARY ACKNOWLEDGMENT State of } } 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) CITY 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 (Seal) Contract No. C 33300 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 6 PROJECT NO. 906-14 CONTRACT NO. C33300 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, Mariposa Landscapes, Inc. the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of One Hundred Forty-five Thousand Two Hundred Forty-four and 00/100 Dollars ($145,244.00), 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. Contract No. C 33300 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 MARIPOSA LANDSCAPES, INC._ SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Contract No. C 33300 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 April 24, 2014, and described as follows: LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-14, CONTRACT NO. C33300, (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 et seq of the California Civil Code; NOW, THEREFORE, we, Mariposa Landscapes, Inc., 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 One Hundred Forty-five Thousand Two Hundred Forty-four and 00/100 Dollars ($145,244.00), 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 9100 et seq 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 9100 et seq of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 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, Contract No. C 33300 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 PRINCIPAL/Contractor: SURETY: MARIPOSA LANDSCAPES, INC. (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney- in-Fact) 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). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance 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). Contract No. C 33300 THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: IF TO SURETY: (Name of Surety) (Street Address) (Telephone number) (City, State and Zip Code) AGENT OR REPRESENTATIVE FOR SERVICE PROCESS IN CALIFORNIA (if different from above) (Name of Agent or Representative) (Street Address) (Telephone number) (City, State and Zip Code)