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Home My WebLink AboutC33310 - LMA No. 9 - 909-14. PARK VIEW DR in 0 Via. 11$1111111/1 141 4Z MAGNESIA FALLS DR ,, trttittttrrttrtrcr SAN GORGONIO WAY EL PASEO 11 f BURSERA WAY ** ** PIU 48.1": 47cs47111,176PA11*-RIllasgroili1-41141"itit 01".911 gumntren:04 Ase*****riatio***11* ar .14***** 0*.ve 1,:!!4Mt"4241) 1:1 MESA VIEW DR *uu is •1I * It **MN DE ANZA WAY ALESSANDRO DR a;tl 4. ea t.a. PORTOLP •,t3 EL PASEO LANDSCAPE AREA 9 LEGEND LMA 9 Palm Desert Parcels City Boundary 1 INCH = 2,000 FEET kt at a0a)aita," MiliN 61.7 pima* WI UMW. ma k lit is st, 7,6 Ot " alfialta,difiitaiiiir*11418//$ •1 tt* •1 raeOfit, veL 041014. :rja 1141,Vw ta%, aa a. FAIRWAY DR 2 0 P 8 Contract No. C33310 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33310 FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., OF BERMUDA DUNES, CALIFORNIA, FOR A TWENTY- FOUR MONTH CONTRACT IN THE AMOUNT OF $360,984.00, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF THE CONTRACT AMOUNT, OR $72,196.80, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 909-14) 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. C33310 for Landscape Maintenance Area (LMA) No. 9 to Mariposa Landscapes, Inc., of Bermuda Dunes, California, for a twenty-four (24) month contract in the amount of $360,984.00 ($180,492.00 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 $72,196.80; and 3. Authorize the Mayor to execute the contract. Funds are available in the Landscape Repairs/Maintenance, Account No. 110-4614- 453-3370. Contract No. C33310 Staff Report Award Landscape Maintenance Area No. 9 Page 2 of 3 April 24, 2014 Backqround The contract for LMA No. 9 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 $360,984 94.6 Vintage Associates, Inc. Bermuda Dunes, CA $339,360 90.3 Hort Tech, Inc. Indio, CA $567,600 80.3 Kirkpatrick Landscaping Svc. Indio, CA $487,200 76.0 Blue Sky Landscape Corp Cathedral City, CA $229,320 59.3 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. C33310 Staff Report Award Landscape Maintenance Area No. 9 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 9. The service-based selection used for this contract, which evaluates cost as well as other factors, has resulted in an increase of 51.1 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: Depart t Head: o�. H. Spencer night, Landscape Manager Mark G e nwood, P. . Directo Public Works CTTY COUNCII,A�TION APPROVED � DENtED RECEIVED OTHER aul S. Gibson, Director of Finance MEE G DA `�� '� AYES:" � ` � � � A roval: NOES: � ABSENTt � ABSTAIN: VERIFIED BY: o M. Wohlmuth, City Manager Original on File with City erk's Office � � CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NC7. 9, 2014-201G � PROJECT N4. 909-14, CONTRACT NO. C33310 CONTRACTOR'S PROPOSAL SUBMISSION FCJRMS � COST PRCfPOSAL TO: CITY OF PA�M DESERT, "CITY" � DATE: April 3, 2014 PF�C}POSER: Mariposa Landscapes, Inc. "CONTFiAGTOR" � The undersigned declares that he/she has carefully examined the Terms and Conditions, the General Terms and Conditior�s, the Specific Terms and Gonditions, and the Attachm�nts accompanying the Notice Inviting Proposal; and Addendums � No.(s} that he/she is thordughly familiar with the contents thereaf, and is �uthorized to represent the respective firm and propose services ta City af Palm Desert. It is �r�derstood that the price shown herean inciudes all routine and seasonal maintenance described in the specificat[ons. The costs of any wark shown or required in the Specificatiar�s, but not specifica[ly identified � as a Contract Pay ttem are incEuded in the Gontract Pay (tems, and no additional compensation shall be due Cantractar by virtue of Contractor's campliance with the Specifications. � For each itern, the averaged ane-month mainter�ance cost shalf be indicated anrl the tataf of these costs shaii be e�ctended for the term of the contract. This cQntract wi11 be�gin July 1, � 241�, ending June 3Q, 2016, with an optian for twa one-year extensions at#he City's option and based on Contractor's perfarmar�ce. Proposer must provide casts for a{I items b�low. c��;.3� tti' � ;�,�.i?�. ''��3 �-..'�,�a�tnt�;�. ' '.� ti.�Tc�x�.. .w • 3 �. : 1 Enfirada de! Paseo �2,2ss.so �27,561.60 � 2 CAM Area at Entrada dei Paseo _ $57a.2o $s,890.40 � 3 Baja Park $2,931.44 $35,17728 4 E! Paseo $9,238.56 $ 110,862.72 � r:y:�e: �.�. ;r.� . .�;r�,.,i... z�� i. .;.?. nJ: `.'7,:i'-i�^ x.�'l:+`v.., ..;a a.� . 5 C :y� r�� dy � .. �'.v�; r�1y � S.' ��cr �.. � a^ �q'4�.A-. lr`t t �f, tIX� ./tl j� kt j �y '�Y � �4rc p Y g � .:��..s�'t.5�a Ftix`]tl4�.6-r�i h�� .�:G�,.'iv::..�,�T Y _ 'F�;. T`� :;X"�a�. ��<''' � .s,3��_ .�.i$.. t .�: � TC)TAL AMOUNT BASE PROPOSAL IN F(GUR �$0,492.00 ES $ � TOTAL AMOUNT BASE PR�POSAL IN W4RDS � One Hundred Eiqht�Thousand Four Hundred Ninety Two and 00/100 Doliars Signature line and Nofary are on the next page � MUS7 BE INCLUDED WITH COST PROPOSAL 4��Q�S��I��IV� �,f_:�'?d17A7��7a��..1'��aYA�'3��,u � � �� .rr� t.�E�-��`3'aiat.n�� '`r.tiSx' �.S�l:,��Gi,��F�l�� k+"}F��;t . .5,�:.k.. R......�..,. i., t.._ _,.. _ii..u..�..:. _. �r;A!..,x. � ..,,._ � � � IN WITNESS WHEREOF CONTRACTOR exeruted this Proposal as of date set forth; � By: � Sig ture Title: Mariposa Landscapes, Inc. � �� CONTRACTOR State of Cafifarnia ) COUtlty Of_Los Anqeles � Subscribed and sworn to (or affirmed} before me on this ` ►f"t� day of ��'�� (rnonth), �t (year), by `��`� �,t u�i t=.c�}�" _ ..� , proveci to me an the basis of satisfactory evidence to �e the persan(s) who appeared before me. � Signature of Notary (Seai at �lotary} � � -,.:.:. J. CHO � a COMM#2002552 x� a � - Notary Public-California� LOS ANGELES COUNTY—� � �� My Commission Ezpires Dec 30,2016� � � � ;� � ;'� a� � � ;G3�3t�:S�CT[Qj�f t,+CQI`�T�i�l��`D�t�MENT��..:�.� � .� r . � , ,,� ,`,Y�Page 19 "�, _._._.. .. _... .. �..... . . . ...,` .. .. ..` ._,._ _ ._..... .. .._ . . . _ ..�.:., ._ � � � LANDSCAPE MAINTENANCE AREA �JO. 9, 20i4-2016 PRCIJECT NQ. 909-14 CONTRACT NfJ. C33310 � CONTRACTOR'S PR4PaSAL SUBMiSSIC}N FURMS ADDITIONAL 1NURK PRICING SCHEDULE � LABt�R � Additional Laborer 25.00 $ per hour Additional trrigatar �40.0o p�r}�Q�r Additional Fareman �35.00 per hour � At City's discretion, additian�l work may be paid for using the contracfual hauriy rate for I�bor listed above with a 15% mark up on materials or by using the un�t pricing tisted � below. � PLANT MATERlAL REPLAGEMEN7 Unless o#herwise described, repEacement plant material will be whatever is norma{ and customary for the City of Pa[m Desert. � 1-Gallon Shrub Instal(ed $s.00 � �-Gallon Shrub )nstalled �so.00 15-Gallon Tree Installed* $s�.00 � ' � 24"-Box Tree tnsfialled* �soo.00 Note: Anything aver 24" box size witl be paid at #he con#ractuat hourly ra#e for #abor, and materiafs at cost p(us a 'i5% mark-up. *fncludes the fallowing: digging of hole, setting af tree, backFifling, watering-in af tree, � staking (if needed), and securing with cinch ties � TURF MAlNTENANCE Mow'rng: Labar& Equipment $o.o� per 1,0�0 sq ft � tRRIGATIO{� SYSTENf REPAlR � Irrigation repairs will be paid at t�e hourly rate indicated abave and with a 15% mark-up on materials. .� � a ,-� G'333�'Ut�'i�C�'I�Nf1,k�ONT~f�iAGT'DO��fvf�1VT� �- _...,..:_ .._. .�>..�Y.r,..'�'�' `.._n._J:_. _ .,.F'.<?9��1r�z' ' `�i'; ..._,.,. _ ._._., �..... . ... , _. .. ._... _ �.��; _,,, :� . ... _... � � � CITY OF PALM DESERT � LANDSCAPE MAtNTENANCE AREA NO. 9, 20'14-2Q�16 PROJECT NO. 909-14, C4NTRACT NO. C33310 CONTRACTOR'S PROPOSAL SUBM�SSION FORMS � WORK EXPERiENCE AND TECHhI(CAL ABILITY QF THE PROPOSER S � ) � ATTACH ADDITfONAL SHEETS AS NECESSARY T4 PR(�VIDE Ct�MPLETE RESPONSES ;� 1. GOMPANY NAME: Mariposa �andscapes, Inc. TYPE: � • Sole pra�rietor � Partnership • Carporation x 2. COMPANY ADDRESSESIPHONE NUMBERS: � MAIN OFFICE: 15529 Arrow Hiqhway, Irwindale, CA 91706 � LOCAL OFF�CE: � 78355 Darby Rd, Bermuda Dunes, CA 92203 EMERGENCY CON7AGT PERSON: Name: Andres Perez � Phone: 626-392-3050 � 3. CONTRACT�R LIGENSE tNFORMAT)QN: • LICENSE NUMBER/CLASSlFICATIQN/NAME STYLE: � Lic. No. 5922658, Class: C-27, A, C-61lD-49 � • NUM�ER OF YEARS 4PERATING UNDER ABOVE LICENSE/NAME STYLE: 2a + LICENSE EXPIRATION DATE: :� � 4/30/14 � � ��33.'lt.�;,S�..Q,Tt�`?H��e�i��efi��Q�unrr.��t��n�x�^6GY.��3e'L'��x��fa��_:t��1e� s*.�,�.. �/�e�'�.tis� �.,� ��:.i�„;M.7�' .oL'FA&.,�5��u,'�..7...�..�ESBi.u�!�!`T.X 5 � � • CURRENT LICENSE STATUS: Active � � PRI4R ACTIUNS AGAINST THiS LICENSE? N�A � IF YES, LIST CITATI�N TYPE AND HOW RESOLVED: N/A � � 4. CUMPANY'S FED�RA� [DENTiFIGATit�N NQ.: 95-4245898 5. NAME ANQ TiTLE dF Ct�MPANY �FFICERS. Terry Noriega, President Antonio Valenzuela, Secretary Theresa Lu, Treasurer � 6. NUMBER OF YEARS COMPANY HAS PRQVIDED LANDSCAPE MAiNTENANCE SERVlCES: 36 yrs 7. NUMBER OF YEARS COMPANY HAS PRpVfDED LANDSCAPE MAINTENANCE SERVICES FUR PUBI�{C AGEi�CfES: 26 yrs $. NUMBER 4F YEAR� COMPANY HAS PR4VtDED LANDSCAPE � MAItdTENANCE SERVICES 1N THE COACHELLA VALLEY: 18 vrs � 9. CURRENT LANDSCAPE MAINTENANGE OPERATiONS THE CITY REC4GNl�ES THAT THE INFORMATION PROVID�D BY � AIVSWERI111G THiS C?UESTION(G7UESTtQN 9) lS PRDPRlETARY tlV N,�TURE', AtVD tF THE PROPOSER ELEC�"S THAT THlS tA1FtJRMATtD1V 6E KEPT C4111FID.E'NT1AL., tT MUST BF SUBMITTED lN A S�'PRATE ENVELQPE � MAl�KED "CURRENT LANDSCAPE MAlt1fTENAIVCE OPERAT101VSA AND SUBMITTED SEALE'D WITHIN THE PRDPOSAL. • TOTAL LANDSCAPE MAINTENANCE C(�NTRACTS: 90% � • PERCENTAGE OF TOTAL CONTRACTS WiTH PUBLIC AGENCIES: 75°�� ,� • PERCENTAGE OF TCJTAL CC)NTRACTS !N THE CC?AGHEL�.A VALLEY: 10"/0 � « PERCENTAGE Ul= TQTA� PUBLIC AGENCY Ct�I�TRACTS IN THE � COACHELLA VALLEY: 7°�0 + Tt�TAL D�LLAR VALUE OF LANDSCAPE (V�AINTENANCE CC)NTRA�TS: `'� �20,000,000.00 � • PUBLlG AGENCY PERCENTAGE 4F TOTAL MAiNTENANCE CONTRAGT ;;;s VALUE {Based on doliar value}; so°�o � � C�3��;Q:��?tUN,.t��,', h�T�1��.�t��lilVt��ITS'- �� t.v<< :.� �< ,�.��: ' , � r .� ;P�ge,�'3,.-�u� r� r _. ,�.. �w...__.. .,.. ,. . ,..._. .. v.� ....._.._. .�.�_ ., _.� . . . . �..:�. . ...,.,. . � ..� _ .�_.. �:. � � � � � NUMBER OF EMPL4YEES CC}MMITTED TO LANDSCAPE MAINTENANCE OPERATI�NS (Total campany-wide) � :�itle.�,.,::: . j..:..:...... .: : ;.:�Numbc�r ::.�:l�ve�a-�:;�ot� :ensatrQn*{=� . ry.i�it__,. ._: �,;: u ervisor �o �7,350.00 Per Mo lrri ation Technician so �ao.00 Per Hour � Foremen �oo �35.0o Per our Laborer 4�0 �2s.00 Per Hour � *Use fu{ly burdened ra#e (i.e., taxes, insurartce, benef�ts, QH &P} • TYPE & NUMBER OF VEHiCLES & PC?WER EQUIPMENT COMMITTED TO ALL LANDSCAPE MAINTENAi�CE OPERAT(4�IS ((ncfude sampie photos}: � y I4AOT4R VEHICl.ES • TYPE: Pick-up Trucks NUNIBER: 60 � • TYPE: Utility Body Trucks NUMBE�: 42 � TYPE: Ffat Beci Trucks NUMBER: 26 • TYPE: Pick Up 3/4 NUMBER: 62 � • TYPE: 1 Ton NUMBER: 38 • TYPE: Bucket IrIUMBER: 6 • TYPE: Dump 1VUMBER: 25 � ➢ PCIWER EQUIPNlEN7 MOWERS — Ratary (Large Area) � • TYPE: �6� NUMB�R: 2 f 7'YPE: �5' NUMBER: 2 + TYPE: 12 .1ohn Deere NUMBER: 6 ► TYPE: 72"XMark NUMBER: �6 � Mt�WERS —Rotary (Small Area) • TYPE: �o" NUMBER: �5 � • TYPE: 50�� NUIVABER: 22 • TYPE: 36" NUMBER: 20 • TYPE: 21" �(,jMg�j�: 36 � MC}WERS— Reel (Large Area} � TYPE: �4�� NUMBER: 4 . • TYPE: �2" NUMBER: 7 � � TYPE: 27�� NUMBER: 16 • TYPE: �lUMBER: MOWERS — Rotary (Smali Area) � � TYPE: _�o�� NUMSER: 15 • TYPE: 50�� NUMBER: 22 • TYPE: ss�� NUMBER: 20 � • TYPE: 2�� NUMBER: 36 M0INERS —Other • TYPE: Fiail NUMBER: 2 � • TYPE; NUMSER: + TYPE: NUMBER: • NPE� NU�l1BER: � C333�Q��CTiQ��;i�G��7NT�1�T�,D�CI�.N�E�IT�° ;.:.,�_. �{�,.._ �.::.t � ��.:�k�, :,•. � ,I�agg�1;4� �-� c .5�,s � ...� ... _.....� .... ,... .., .. �. .._ . � � � � TURF SWEEPERS and VACUUMS • TYPE: Sweeper Star 6o NUMBER: 2 • TYPE: NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: AERATORS � • TYPE: Tow Behind NUMBER; 4 i TyPE: Walk Behind NUMBER: 24 • TYPE: NUMBER: � • TYPE: NUMBER: SEEDERS + TYPE: Slit Seeder NUMBER: � � + TYPE: Gearmore Hopper NUMBER: 2 • TYPE: Walk Behind NUMBER: 25 • TYPE: NUMBER: � SPRAYERS � TYPE: Pro Gator 202o Sprayer 1VUMBER: 6 + TYPE: 20o Gal Trailer NUMBEl�: 12 � � TYPE: NUMBER: • TYPE: htUMBER: � TRACTORS � TYPE: Kubota 470o N[JMBER: 2 � TYPE: Kubota 4700 NUMBER: 2 • TYPE: Kubota 4030 NUMBER: 3 � • TYPE: Ford NUMBER: 2 UTfL)TY VEHICLES M �'YPE: Cusman NUMBER: 10 � • TYPE: Gators NUMBER: 12 • TYPE: NUMBER: � TYPE: NUMBER: � ➢ NON-P(JWER EQUIPMENT � TRAILERS � TYPE: 5 x �o NUMBER: �5 . �(pE; Mighty Mover (�IUMBER: 28 • TYPE: $2 X �2 NUMBER: 12 � • TYPE: Zeiman NUMBER: $ QTNER • TYPE: NUMBER: • TYPE: NUMBER: � � TYPE: NUMBER: � • TYPE: NUMBER: � B{ ! ' I C3�310_,�'u,�C�yTIC�l,�r1,f3QRITfli�1C��?O�tJIUI�iVTS .. :::.. , '_�,:. . . .._ :; ..,.. �:f.t ... -'-.a_ ..�:�P�geAJ�.,� `s a _�:.:�: � � 10. REFERENCES • LfST THREE (3} REFERENCES CURRENTLY l7R SUCCESSFULLY COMPLETED WITHIN THE �AST FlVE (5) YEARS. ONE REFERENCE MUST BE FROM A PUBLIC � AGENCY AND iNV(JLVE WC?RK ADJACENT TO PUBI�IC ROADWAYS. 4NE OR ANY NUMBER OF THE 7HREE (3) REFERENCES CAN BE FR�M THE C1TY OF PALM DESERT. REFERENCES MUST BE OF EQUAL 4R GREATER SCOPE TO THIS CCINTRACT \ � : , ; , ` � n�ts,'p 7��y�j�,{� � , �, , .._.;.,� a�� S'r�,�,... .n ��sk i ,_.. �� ,''sR.:..]. �i'�+x�l,rC.�."'r,4C .r r,.r . . . 1 .�,3�-< < ti� ih:� ,�� 4 +'� i :� .. . ..... . . .. ,� .� Contract`Name, ...� ,. . ._. . '._ ... ...... . .� . .. . .. ... ..v.r. ..._...,,.. `.`,.... � Annuai Contract Number& Length of Public Agency Amount Lacation Contract Contact informafion � � $ 203,100.00 yr 2Q08-Current City of Rancho Miraqe Agancy Name (Name&Number) 69-825 Highway 111 Address Contract Location Rancho Mirage, CA 92270Girylstate2ip � 760-343-0561 phone Contract BillOppenheim q��nistrator � 2 � 238,608.00 year 2011-Current City of Coachella Agenc�tvama (Name&Number) 1515 6th Street Address � Confract Lacation Coachella, Giry/State/Zip Phane n � Len Germain �ntract Admtnistrator � � $ 1,164,213.00 1993-Current Cit of Rancho Cucamongaq en Name 9 CY (M11ame&Number} 9153 9th Street A��gs Contract LpGation Rancho ucamonga, 1�3C� 9 - - atefrip Phane � Contract Steve Relph administrator � THE F L� � O 4WtNG QUESTIONS WILL BE ASKED OF EACH REFERENCE. • Does the cantractar adequaYely staff in arder ta meet the cantract requirements? `� + fs fhe contractar's staffi adequate[y trained? ' • Is the contractor's equipment m good working order'? • Does#he cantractor communicate in a timely and effective manne�'? � • Is the contractor's staff knowledgeab{e with project/cantract standards? • Daes the cantractor respond to complaint/requests 'rn a timely f�shion? � Does the contractor resolve deficiencies�nrithout assessing contractual fines and/or deficiencies? � Wou1d you accept fcxture propasals/bids frot�n this firm? � �333�tD��TIOt��'Ol�TftAGT��V�C1Y/}T� ` 4 l 't R k ry ' . . _.._... .._,>.w .�_....�.. , .,......,. .. �_._. _._ ,.._,. _..:_.�.....j.:�� r ;.{�.x.� 4. . � � ^:Pa��a�;{< � � . _,�. .. _. , ._... , ..�. �. _ ._..... � � PR4P4SED FAC{LiTfES. EQUIPMENT & STAFFING SCHEDULE Facilities: � List location/address and telephone phane number of f�cility(ies} fram which work crews and equipment will be dispatched. l� 78355 Darbv Rd, Bermuda Dunes CA 92203 Te1706-321-2107 Fax 760-321-2104 � � Equipment: Lisi equipment to be furnished to execute work tasks specified in this Agr�ement, General PravPsions, and Special Provisions. Use additional sheets as necessary. include photos. ➢ Pt?WER E(�UIPMENT MOWERS • TYPE: See Attached Proposal NUMBER: � • TYPE: NUMBER: � nPE: NUMBER: • TYPE; NUMBER: � TURF SWEEPERS and VACUUNfS • TYPE: _See Attached Proposal NUMBER: • TYPE: NUMBER: � � TYPE: NUMBER: • TYPE: NUMBER: � AERAT�RS • TYPE: See Attached Proposal ftiUIrABER: • TYPE: NUMBER: � TYPE: NUMBER: • TYPE; NUMBER: SEEDERS ,�� TYPE: See Attached Proposal NUMBER: � TYPE: NUMBER: • TYPE: Nl1MBER: • TYPE: NUMBER: kr� SPRAYERS • TYPE: See Attached Proposal NUNlBER: � • TYPE: NUMBER: • nPE: NUMBER: • TYPE: NUMBER: '� � � � V3�310��VTlOM- 1 CX}N3'FtAV �1lVl.lMEi�J'FS f4 �� p �/ r. � i�U F ( � 1 y�. l L � ! ...::. .. vs.s.....�. �...-..�.. Yi 1 ..;.... '._:..�_.. .��,.� .. . . ...aY . . � h .{�`•� . ....�... ............M. ...,n. ..i.�::Af'...c_. ...� .. .. .. . .a- .�.�� V:�Jl. .....+..... �3 7 � � TRACT�RS • TYPE: See Attached Proposal NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: � • TYPE: �IUMBER: UTILITY VEHICLES � � TYPE: See Attached Praposal NUMBER: • TYPE: NUMBER: • TYPE; NUMBER: • TYPE: NUMBER: � PROPQSER ACKNQWLEDGES THAT THE CQMPAi�Y HAS AN � APPRUPRlATE SUPPLY tJF ALL NEGESSARY 5NlALL POWER AND HAND TC�QLS TO C4MPLETE GC3NTRACTUAL WOF�K. (Please initial) �!-�'�!' Staff: � Lis# the employees, both labar and supervision, to be routinely assigned to execute wark tasks specified in this A�reement, Genera! Provisions, and Special Provisions. Be � sure to na#e by titMe an� applicable licenseslcertifications held by assigned personnel. Indicate with (S) if listed personne{ are to be shared with another contract or project. Use addi#iana! sheets as necessary. General Landscape Maintenance (L�st Laborer(s), Field Sup�rvisar(s), and Project Manager(s} — include any relevant education, certification, lic�nsing informatian anc� years o# experience for each person � listed). Use additional sheets as necessary Account Manaoer Andres Perez 20 years 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 � � � � , }f 1 { C3339;�}SECT(ON 7,��G?IVTRtlr;TDb�13ME1�7`$w ; , a; ` �'" z ' ,} � � $ t �-:� ,�.. .._ � .- . ....... . .......... . . ..�_ . . .. � - .�:;�� $,�:. ,,.,_,. � ; � � Tree Pruning and Maintenance {Inciude any ISA or equivalent ce�-�ified persanneE ancf years of experience) � Tree Care Division Manger, 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 . � � lrriqation System Maintenance (List technical personn�I — include any relevant education, certi#ication, licensing � information and years of experience for each person listed) Irrigation Technician, Robert Aguilera, 10 years experience � � � � � � Pesticide Apptication (List licens�d and/or certifiied personnel and years af experience - atf non-licensed, non- certified persannet must have received verifiab{e annual training) Use addi#ional sheets as necessary. � Field Supervisors, Marco Antonio Silva, 20 years experience Water Management Certificate, Conservation of Irrigation Certificate, QAC# 123925 � See Attached Proposal ; � � a � G,3��fif��CTI(�N��,.CON�RAGT��C3CUM�N'GSz.:-� �.�, _;+• :�...�:_;; .Y t...u,�t .f ,..�:�..,:�_.:,_'�'��:'..1�<.� :�',. <,,:°: � ...._.... .._.,,_.. , s � � Landscape and irriqation Desiqn (List personnel with formal training and certificates and years of 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 Tec nician- ns a a ion, Qualified Applicator License- Category B, Certified Aborist#WE-5400A � � Other Staff Train�ng and Farmal Educa�ion (Including years af experience) � See Attached Proposal .� � � � � � � p � � � C�3�i�i SECS`d0��;�QN�'R1��7",D4Cl�M�iT.SA>.;_..... ,; ., .,:>.�.� �::,.. k..<`�:. . ....._Rag�;2�,.i:��,=.5.. .......w ..._._w, ... � � � PROPOSED PROJECT W4RK SCHEdULES � Proposers are to complete the attached work schedufe (Attachment 1 j form shawin� the venciar's intent for compieting the warEc described in the project's General Provisions, and Special Pravisions. Use the notation system provided with the Work Schedule Form. � GREEN WASTE RECYGUNG � Contractor shall recycle all green waste remaved from City iandscaped areas at a ' County-licensed campost facility. ff any Gompost Es used in the exeGution af the landscape maintenance contract, it must be trom a facility that receives and compasts � City of Palm Desert green waste. Said praducts sha{f be approved by the Public Works Directar or his designee before use. Gantractor shall submit monthly verification of green waste disposal in the Green Waste Monthly Repor�. Please describe your company's program to insure that the City receives credit far the green waste #hat wil! be generated from fandscape ma�nfenance acfivities. Be s�are to include the name(s), address (es) and phane number(s) ot#he recycling #aci[ity(ies) that wi(I be accepting the green waste you generate fram yaur operatians on the project. For any recyc[ed green waste praducts (mufch, compost, soi( amendments, etc.} used on the proje�t area, if � different from those lis#ed a�ove, piease give name/address/phone information of the � praducer. Use additionaE sheets as necess�.ry. Nlariaosa_l�andscapes, Inc. uses effort to initiate"qreen"environment and energy conservation. Our � company has a recyclinq proqram for green waste and paper products. We implement this program at our local offices and at all the job sites. � � Burrtec Waste Industries, Caachella Valley Compost Facility 87-011 Landfill Raad Coachefla, CA 92236 � 760-863-4364 � � � � .s , � C3�3�l;0�EC7aON��,GQI�'�iACT D4�UMEt�3S.,� w .. ,t.�;;:�.._. r.� }.,.'��'... .i� k,s�Page�� ' r ;; . .. , _..:..... �..,...�,_... ..... .. .__�._�......� .._:..� r �.. t � � LIST 4F SUBCUNTRACTC3RS � SUBCONTRACTC3RS: in compliance with the pravisions of the Government Code, Secfian 4102, the undersigned prasper herewEth sets forth the name and location of the place of business of each subcontractor who wiii perfarm wark ar labor or render service to the general ; contra�tor in or about the canstructian af the wark ar improvement in an amaunt in excess of ane-haff of one percent t0.5%) of the general contractor's total Proposal, and � the partion af the work which will be done by each subcontractor, as follows: Name, Licer�se, and Ptace of Business Description � Classification No. and Telephone af Work � None :� � � � � � � .:� - '� ;� � C�3 �(�C��TI0�1 �. �O�+tT�j'd �{ry' � {1'�I� - ..,:.�.�'l.::3:.... ..............�}�...,...., .2`.'�'`.�T��M�I�ll��s.�ja'� 3�'x...,..�:c..�Ni .�.j_.ti . .,..J�.�,_�i.... ],t:.i� ��'CG'., i `�:i . . ....... r. �r� � L f� �i:,8 ` . .,.. . .._.......�._� � � � PROP�SAL AFFIRMATION � With regard to the information pravided hereinabove, I affirm that: • All infarmation pravided is #rue and correct to the best of my knowledge, and; � • I understand that a materially fa(se statement willful{y or fraudulently made in connection with this Proposa! may result in the termination of any contract between thG City af Palm DeSO�t and Mariposa Landscapes, Inc. � � and as a further result, the af�resaid firm may be barred from participa#ion in future City contracts as well as be subject to possible criminal pros�cut�on, an�J; • 1 t�ave legal at�thority t0 birld Mariposa Landscapes, Inc. to the terms of this a�firmation. � � FOR PR�Pt3SAL TO BE VALlD, THfS SHEE'T NtU�T SE SIGNED , � Apnl 3,2�14 Signature Date Terry Norieqa � Prmted Name President � Title Manposa Landscapes, Inc. Company Nams "� � � � � � � � � � ,.. t . ry �333��,'"a,�''CT�QE�i�TC�'I�4Gfi�AETDQ�EINI�NTS� 7..�!��,��i....r.�r..-_...,..f?...fi,..j:s..�;.�:.;e�,�:..s.u��..,...,a'�e._..aa.....c;}` � . ., .<._.�,.. .. ..... . ......... _....... -.1 �'� � g'� 3 � 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 titie of the officer)� � Personally appeared Terry Noriega, President , who proved to rne on the basis of satisfactory evidence to be the person(� whose name(� is/�subscribed to the within instrument and acknowledgement to me that he%ke-��te�-executed the same in his/�ei� authorized capacity(�), and that by his/l�r/t-��r signature(�) on the instrument the person(�), ar the entity � upon behalf of which the persan(�}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 my hand and official seal. o� co�►M#2oo25s2 � w Notary Pubiic-California 'a LOS ANGELES COUNTY-+ � � � N{yCanmiss'��Expires Dec 30,2016 � �� (Notary Seal) S nature of Notazy Public � ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in California must contain verbiage e�ctly as appears above in the notary section or a separate acknow[edgmerst form must be praperty completed and attached to that document. The only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. !n such instances,any alternative {Title or description of attached document) acknowledgment verbiage as may be printed on srsch a documen[so long as the � verbiage does not require the notary to do something that is illegal for a notnry irs California(i,e.certifying the authorized capacity of the signerj. Please check the (Title or descrip[ion of attached document continued) document carefully for proper notarial wording and attach this jorm if required. � Number of Pages • 3cate and County informapon must be the State and County where the document signer{s)personally appeazed before the notary public for acknowledgment. Document Dafe • Date of notarization must be the date tha[ the signer(s} personally appeazed which must also be the same date the acknowledgment is completed. � • The notazy public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at Ihe time of notazization. � • Indieate the correct singular ar plural forms by crossing off inconect forms(i.e. he/shelt�eg,is/ere)or circling the correct forms. Failure to conectty indicate CAPACITY CLAIMED BY THE SIGNER Ihis information may lead to rejection of document recording. • 'I7ie notary seal impression must be clear and photographically reproducible. ❑ Individual{s) [mpression mus[no[cover text or lines. If seal impression smudges,r�seal if a „� ❑ Corporate Officer sufficien[area permits,otherwise comQlete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office � (T'��`) of the county clerk. ❑ PaRner(s) . Additional information is not required 6ut could help to ensure[his ❑ Attorney-imFact acknowlecigment is not misused or attached to a different document. � ❑ Other — . Indicate ti[le or type of attached document, number of pages and date. . Indicate the capacity claimed by[he signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). � • Securely attach this document to the siAned document. � � NQN-C4LLUSION DECLARATION To Be Executed by Proposer(s) and Submitted with Proposai The undersigned declaras: I al'1'"t the President pf Mariposa Landscapes, Inc. �h� party mafcing #he foregoing Proposal. The Propasal is not made in the interest of, or vn � behalf of, any undiscfosed person, partnership, company, associatian, organization, ar corporation. The Proposal is genuine and nat colfusive or sham. The Prapaser(s) has � not direct4y or indirectly induced ar solici#ed any ot�rer Proposer(s� to put in a false or sham Proposal. The Proposer(s) has not directfy or indirectly cotluded, conspired, connived, ar agreed with any Proposer(s} c�r anyone else to put in a sham Proposal, or � to refrain from proposing. The Praposer(s} has not in any manner, directly or indirectiy, sought by agreement, communicatiar�, or conference with anyone to fix the Propasal price of the Proposer(s) or any other Propaser{s}, or ta fix any overhead, profit, or cost � e{ement of the Proposa! price, or of that of any other Proposerts�. Ai1 statements contained in the Proposa[ are true. The Praposer(s) has no#, directly or indirectly, submitted his or her Proposal price or any breakdown #hereof, or the contents thereof, � or divulged information or data refative thereto, to any corporat�on, partnership, company, association, organization, Proposa[ d�pository, or to any member or agent thereof, to effectuate a coliusive or sham Propasal, and has not paid, and wiI! nof �ay, � any person ar entity for such purpose. Any person executing this declaration on behalf of a Proposer(s) #hat is a � corporation, partnership, joint ven#ure, limited liability com�any, limited liability partnership, ar any 4ther entity, hereby represents that he or she has fu!! power to execute, and does execute, #his decfaration an behalfi of the Proposer(s}. � f declare under penalty of perjury under the laws o# the S#ate of Ca(ifamia that the foregoing is true and carrect and that this decfar�tion is executed on � Anril 3. , 20 14, at Irwindale , CA City State � e�y: � Terry Noriega, President Signature Printed Name , ,� � � � � ^� 'C33��h.��TJ��1��N�'�A.��D�C,�tJnll��lT�, ._ .,��-. . ._`� .s..`5�,�, �� n, ,�-> y�, {r P�ge�`�.,4'�� . .., _,_ ,.r,, �._. .._ ..... . ..... .. ..... � � � 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 tifle of Ihe o�cer) � Personally appeared Terry Noriega, President > � who proved to me on the basis of satisfactory evidence to be the person(� whose name(a� is/a�subscribed to the within instrument and acknowledgement to me that he/st��executed the same in his/l��n authorized capacity(�es), and that by his/i��4�t��r signature(�) on the instrument the person(ej, 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. ��»»» � �Ha £ �� COMM#20d2552 s� WITNESS m hand and official seal. w Nocary Public-California� y d ' LO�ANGELES COUNTY-� � ! My Commissbn Expi�es Dec 30,2016� 3...............................................« (No[ary Seal) Signat of Notary Public � ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM � DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgmenr comp[eted in Culifornia must contain verbiage exactly as appears abore in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exceptron is if a AGREEMENT SIGNATURE PAGE document is recorded outside of Califorrtia. In such instances,arry 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 Ca[ifornia(i.e.certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully,for proper notarial wording and attach this form if required. � Number of Pages • State and County information must be the State and County where the document signer(s)personally appeazed before the notary public for aclanowledgment. Document Date • Date of notarization must be tha date that the signer(s) personally appeared which mus[also be[he same date the acknowledgment is completed. ':�� • The notazy public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your[ifle(notary public). • Print the name(s)of document signer(s)who personally appear at the time of no[azization. � • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ke/she/tHey,is/�e)or circling the conect forms. Failure to correcdy indicate j CAPACII'Y CLAIMED BY THE SIGNER this information may lead to rejection of document recording. • T'he 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 sufficient area permits,othenvise complete a different acknowledgment form. � • Signature of the notary public must match the signature on file wi[h the office (Tiue) 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 attacherl to a different document. � ❑ Other . Indicate title or type of attached document, number of pages nnd ;_� date. . Indiclte the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEQ CFO,Secretary). � • SecurelY attach Chis document to the siQned document. Contract No. C 33310 AGREEMENT This AGREEMENT is made and entered into this 24t" 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. 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 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 Three Hundred Sixty Thousand Nine Hundred Eight-four and 00/100 Dollars ($360,984.00) 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 33310 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. None ; 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 33310 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 33310 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 33310 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 NO. 9 PROJECT NO. 909-14 CONTRACT NO. C33310 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 Three Hundred Sixty Thousand Nine Hundred Eight-four and 00/100 Dollars ($360,984.00), 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 33310 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 33310 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. 9 PROJECT NO. 909-14, CONTRACT NO. C33310, (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 Three Hundred Sixty Thousand Nine Hundred Eight-four and 00/100 Dollars ($360,984.00), 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 33310 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 33310 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)