HomeMy WebLinkAbout06 - M/RSA for On-Call Sports and Recreation Field Landscaping (Contract No. 9529-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
May 14, 2024
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Public Works Superintendent - 949-644-3069,
kpekar@newportbeachca.gov
TITLE: Award of Maintenance and Repair Agreement with Mariposa
Landscapes, Inc. for On -Call Sports and Recreation Field
Landscaping (Contract No. 9529-1)
ABSTRACT:
The City of Newport Beach contracts for as -needed landscape maintenance of the
various recreational fields located at City -owned parks. The current agreement (Contract
No. 7997-1) with Mariposa Landscapes, Inc. (Mariposa) is set to expire on June 7, 2024.
In anticipation of the completion of the current contract, staff prepared a Request For Bids
(RFB) package for this service and has now received formal bids for the as -needed field
landscape services, of which Mariposa was the lowest responsive bidder. Staff requests
City Council approval of a five-year, on -call agreement with Mariposa for a total
not -to -exceed cost of $1,250,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Maintenance and Repair Services Agreement with Mariposa Landscapes,
Inc. for On -Call Sports and Recreation Field Landscaping for a five-year term and a
not -to -exceed amount of $1,250,000, and authorize the Mayor and City Clerk to
execute the agreement.
DISCUSSION:
The Public Works Department received formal bids for on -call sports and recreation
fieldwork located at City parks. The bid specifications required proposers to supply costs
and a workplan for as -needed field renovations and/or maintenance of over 40 acres or
22 total natural turf athletic fields in the city.
The services provided under the recreational field maintenance agreement are integral
for keeping the City's various athletic fields safe, playable, and maintained at the highest
standards, as the various user groups expect.
6-1
Award of Maintenance and Repair Agreement with Mariposa Landscapes, Inc. for
On -Call Sports and Recreation Field Landscaping (Contract No. 9529-1)
May 14, 2024
Page 2
Athletic field services performed through this agreement are an enhancement to the
typical turf maintenance services performed under the City's existing Parks and Facilities
Contract (e.g. standard mowing, aeration, seeding and topdressing). Enhanced services
performed in this agreement include deep -tine aeration, leveling with flail mowing and
vacuum cuts, incorporation of Professional Golfers Association (PGA) greens sand and
athletic field amendment mixes, extra seed and top -dress applications, and installation of
sod to worn areas. Additionally, this separate agreement is necessary because it is
shared with the Recreation and Senior Services (RSS) Department, which requests
services such as moving soccer/lacrosse goals, resetting baseball/softball base anchors,
home plates, and pitching mounds. Public Works staff works closely with RSS staff and
youth sports user groups to plan out specific field renovation needs, and any field
downtime period in order to carry out the projects and allow the fields to rest. Some of the
field renovations undertaken with this agreement are wholly or partially funded by the
youth sports user groups, with revenues collected through their per player fee.
Staff has witnessed an increase in park and field usage over the years, as especially
youth club sports have become increasingly competitive. Additionally, field usage is often
not only seen in City programmed activity, as groups take advantage of open fields in a
drop -in and semi -organized capacity. In order to keep City fields safe and at the highest
level of playability, Public Works staff takes every opportunity to perform field renovations,
both during the course of the regular season and at specified downtimes, one of which
starts June 30, 2024. Thus, in anticipation of the end of the current contract term, staff
initiated the re -bidding of the agreement.
The Public Works Department issued the RFB for On -Call Sports and Recreation Field
Landscaping through the City's electronic bidding portal. 298 vendors were notified,
requiring proposers to supply qualifications, references, and base bid and on -call costs for
sports field landscape services. At 3 p.m. on April 10, 2024, the City Clerk opened and
read the bids for this project:
BIDDER
BASE BID AMOUNT
Low
Mariposa Landscapes, Inc.
$5,601.86
2nd
Merchants Landscape Services, Inc.
$12,700.00
The lowest bidder was determined based on the above base bid prices. The base bid
reflects an example field renovation project that would typically be requested two times
per year on each of the City's 22 natural turf athletic fields. The example project is
composed of flail mowing and a vacuum cut, incorporation of PGA greens sand and
athletic field amendment mix, and an extra seed and top -dress application.
The City received two bids for these services. The lowest responsible bidder, Mariposa
Landscapes, Inc., possesses a California State Contractor's License Classification C-27,
as required by the project specifications.
6-2
Award of Maintenance and Repair Agreement with Mariposa Landscapes, Inc. for
On -Call Sports and Recreation Field Landscaping (Contract No. 9529-1)
May 14, 2024
Page 3
A review of references for Mariposa Landscapes, Inc. shows satisfactory provision of
similar services for other local coastal municipalities, including their status as the
incumbent athletic field landscape service provider for the City. The company has
provided quality services over the course of the current agreement, and has
demonstrated that it can successfully carry out the specifications of the new agreement.
Staff recommends the City Council award a five-year agreement with Mariposa
Landscapes, Inc., for On -Call Sports and Recreation Field Landscaping, with a total
not -to -exceed cost of $1,250,000. As the base bid price has not significantly increased
from the current agreement, the not -to -exceed amount remains the same as the previous
agreement with Mariposa.
FISCAL IMPACT:
The approved budget includes sufficient funding for this contract. It will be expensed to
the Turf Renovation account (0108031-851030) and Public Landscape Enhancement
account (0108031-911008) in the Public Works Department, and the Youth Sports Group
User Fund deposit account (017-241042).
=1011y/1-Tel kiILyil=1ki11Ell W AVAIATJS
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance and Repair Agreement
6-3
ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MARIPOSA LANDSCAPES, INC FOR
SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 14th day of May, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and MARIPOSA LANDSCAPES, INC, a California
corporation ("Contractor"), whose address is 6232 Santos Diaz St., Irwindale, California
91702, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services consisting of various tasks related to maintenance and renovation of
youth sports fields in the City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 13, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
rom
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed One Million Two Hundred Fifty Thousand
Mariposa Landscapes, Inc Page 2 6-5
Dollars and 00/100 ($1,250,000.00), without prior written amendment to the
Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Michael Williams to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of
Public Works or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in
all matters pertaining to the Services to be rendered pursuant to this Agreement.
Mariposa Landscapes, Inc Page 3 6.6
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used by other reasonably competent practitioners
of the same discipline under similar circumstances. All Services shall be performed by
qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and legally recognized
professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
Mariposa Landscapes, Inc Page 4 6.7
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
Mariposa Landscapes, Inc Page 5 6.8
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
fiY67`Ia]I`1543
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its
own expense during the term of this Agreement: (1) a Labor and Materials Payment
Bond in the amount of one hundred percent (100%) of the total amount to be paid
Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five
Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit
D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
Mariposa Landscapes, Inc Page 6 6.9
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is
incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property -Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. LABOR AND PREVAILING WAGE REQUIREMENT
16.1 Contractor shall comply with all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair
Labor Standards Act.
16.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
16.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the terms of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. All parties to the agreement shall be governed by all
provisions of the California Labor Code Relating to prevailing wage rates (Sections
1770-7981, inclusive).
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
Mariposa Landscapes, Inc Page 7 6-10
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
Mariposa Landscapes, Inc Page 8 6-11
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate
of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et sea., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Mariposa Landscapes, Inc Page 9 6-12
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Michael Williams
Mariposa Landscapes, Inc
6232 Santos Diaz St
Irwindale, CA 91702
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to
follow the dispute resolution process set forth therein. Any part of such "Claim"
remaining in dispute after completion of the dispute resolution process provided for in
Public Contract Code section 9204 or any successor statute thereto shall be subject to
the Government Claims Act requirements requiring Contractor/Consultant to file a claim
in strict conformance with the Government Claims Act. To the extent that Contractor's
claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor
statute thereto, Contractor shall be required to file such claim with the City in strict
conformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Mariposa Landscapes, Inc Page 10 6-13
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
Mariposa Landscapes, Inc Page 11 6-14
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mariposa Landscapes, Inc Page 12 6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /Zy /Zw
By: 1-J, 4 as'S
AK n C. Harp 5 U. 1-`t
Ci y Attorney cJhf�
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will'O Neill
Mayor
CONTRACTOR: Mariposa Landscapes,
Inc, a California corporation
Date:
By:
Terry L Noriega
Chief Executive Officer
Date:
Antonio Valenzuela
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C --- Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Mariposa Landscapes, Inc Page 13 6-16
EXHIBIT
SCOPE OF SERVICES
Mariposa Landscapes, Inc Page A-1 6-17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIFICATIONS
AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES
CONTRACT NO. 9529-1
All work necessary for the completion of this contract shall be done in accordance with these Special
Provisions
Award and Selection
Award of a five-year on -call maintenance agreement shall be awarded to lowest responsible bidder based
on the lowest Base Bid amount. Lowest Base Bid amount consists of the items necessary to renovate a
standard City sports/recreational field. On -call agreement compensation limits and terms shall be subject
to City and City Council discretion and award.
Contractor Licensing
At the time of bid submittal and until completion of work, the Contractor must possess the following
Contractor License: C-27. At the start of work and until completion of work, the Contractor and any/all
Subcontractors shall possess a valid Business License issued by the City.
Contractor's Experience
Bidders must possess a minimum of 10 years of experience doing field renovation work.
Bidders with no field renovation experience for an Orange County coastal agency shall be considered
non -responsive.
Bidders who have not been awarded contracts valued at over $500,000 dollars shall be considered non-
responsive.
Bidders shall provide three (3) current municipal references, which, when checked, will need a minimum
"B grade", or shall be considered non -responsible.
RMA
Site Locations
Bob Henry Park
900 Dover Drive
Bonita Canyon Sports Park
1990 Ford Road
Bonita Creek Park
3010 La Vida
Buffalo Hills Park
1891 Port Provence Place
Coastal Peak Park
20403 E Coastal Peak
Eastbluff Park
2555 Vista Del Oro
Irvine Terrace Park
721 Evita Drive
Lincoln School
3101 Pacific View Drive
Mariners Park
1300 Irvine Avenue
Peninsula Park
A St and Ocean Front E
San Miguel Park
San Miguel Dr and Spyglass Hill Road
Sunset Ridge Park
4850 Coast Hwy W
Scope of Work
• DESCRIPTION OF PROJECT
o Contractor shall provide as -needed athletic and recreational field services to address various
projects related to maintenance and renovation of youth sports fields.
o Furnish all labor, equipment, materials, and supervision to provide athletic and recreational
field services on an as -needed basis at various facilities, parks, and worksites located
throughout the City.
o Services shall include, but not be limited to:
■ Remove and install sod;
■ Aerate/dethatch/verticut field/park areas;
■ Fertilize fields based on City specifications;
■ Mow grass;
■ Dispose of debris
• Apply City -approved seed and top -dress; and
■ Apply greens sand and athletic mixes, and level areas per City requests.
■ Installation of field closure signage
■ Traffic Control as needed
• WORKMANSHIP AND SUPERVISION
o The work force shall include a thoroughly skilled, experienced, and competent supervisor
who shall be responsible for adherence to the specifications expressed within the Scope
of Services. All supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall be delivered to
the Contractor. The supervisor assigned must be identified by name to ensure
coordination and continuity.
. •W
All personnel working at the outlined areas shall be neat in appearance and in uniforms
as approved by the Landscape Manager. All personnel shall wear identification badges or
patches. Those employees working in or adjacent to traffic lanes shall wear safety vests.
Persons employed by the Contractor who are found not to be satisfactory by the City
shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the
City.
• SAFETY REQUIREMENT
o All Work performed under this contract shall be performed in such a manner as to provide
maximum safety to the public and where applicable, comply with all safety standards
required by CAL -OSHA. The Landscape Manager reserves the right to issue restraining
or cease and desist orders to the Contractor when unsafe or harmful acts are observed
or reported relative to the performance of the work under this contract. Contractor
vehicles shall always contain a "W.A.T.C.H." work area traffic control manual.
o The Contractor shall maintain all work sites free of hazards to persons and/or property
resulting from his/her operations, which shall be immediately reported to the Landscape
Manager.
o The Contractor shall notify the City immediately of any unusual and/or hazardous
conditions, including tripping hazards, holes, or other conditions at the various facilities,
parks, and worksites located throughout the City where Contractor is performing the
Work.
• WORKING HOURS
o Normal working hours shall be no more than ten (10) hours per day between the hours of
7:00 a.m. and 5:00 p.m. Normal working days are Monday through Friday. Unless
otherwise specified in the Scope of Work, no Saturday or Sunday work is to be scheduled
without prior verbal permission from the City. No motorized equipment shall be operated
before 8:00 a.m. or after 5:00 p.m.
• MATERIALS, EQUIPMENT, AND RESPONSIBILITY
o The contractor shall utilize, possess, access or otherwise obtain the necessary
equipment for the removal of the existing turf, and the installation of Big -Roll sod.
Such equipment to include or be equivalent to, but not limited to;
■ GKB Combinator
■ Magnum Big Roll Installer
o The contractor shall complete all renovation projects within 30 business days
upon approval of proposal.
The contractor shall have the ability to remove and dispose of the grass, level field,
and install Big Roll sod within 6 business days of start date.
o The Contractor shall supply the following materials:
■ Roll off bins/trucks for sod and grass disposal,
■ Mirimichi-brand fertilizer product,
6-20
■ Seed and top -dress,
■ Greens sand, and
■ Athletic mix.
o In the event the City exercises the option to purchase the materials, the following
conditions will apply:
■ Contractor(s) shall conform to all City practices and procedures.
■ All City purchases will be for the sole expressed use of and for the City.
■ The Contractor(s) shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives.
■ All materials and inventories shall be made available to the City upon request.
The Contractor(s) will reduce the unit cost for each maintenance task by the
City's actual cost for the materials provided and used.
o Unless otherwise stated above, Contractor(s) shall be responsible to provide all labor and
materials to allow for successful Project completion.
■ The City may choose to reimburse the Contractor(s) for materials that need to be
procured. These instances shall be analyzed on a case -by- case basis and
reimbursement for materials will need to be agreed upon in the Contractor's letter
proposal prior to the commencement of work.
Receipts shall be required for reimbursements for materials purchased for
projects. City reserves the right to specify what type of material and/or equipment
will be purchased per project. All equipment and material purchases shall be
preapproved by the Fleet/Facilities Manager, or his/her designee. The contractor
shall charge the actual cost of materials to the City plus 5% for overhead costs
associated with procurement of materials.
Biddinq and Payment
The unit cost bid prices for each item of work shown on the Proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment to perform the necessary work.
On -Call agreement award shall be awarded based on the lowest base bid amount as specified in
this bid.
Note: Contractor shall submit Proposal Line Items via the Line Items tab contained in PlanetBids in order
to be considered for award. The following bid items included in the Proposal are as follows.
BID ITEMS
BASE BID
Deep -Tine Aeration - 10 inch solid tines (Per Field = 70,000 Sq. Ft)
Sq Ft
70,000
BASE BID
Dethatch/RenovateNacuum Cut (Per Field = 70,000 Sq. Ft)
Sq Ft
70,000
BASE BID
Install City -approved Mirimichi-brand organic fertilizer product (at
20lbs/1,000 square feet)
Sq Ft
70,000
6-21
BASE BID
Apply City -approved greens sand and level (at 30 Cubic yards per
Cubic
30
field)
Yard
Other
Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft)
Sq Ft
70,000
Work
Other
Gypsum Application at 25lbs/1,000 square feet (Soil Buster or
Sq Ft
70,000
Work
equal)
Other
Mow (Reel Blade)
Sq Ft
70,000
Work
Other
Mow (Rotary Blade)
Sq Ft
70,000
Work
Other
Core aeration and remove plugs
Sq Ft
70,000
Work
Other
Fertilize w/ 21-0-0 (or Equal) at 1 lb. of N/1,000 square feet
Sq Ft
70,000
Work
Other
Drill and Fill Aeration (up to 12-inch in depth w/ a City -approved
Sq Ft.
70,000
Work
infill material.
Other
Sand Banding — creating vertical slits in soil up to 8-inch in depth at
Sq Ft.
70,000
Work
10-inches between slits, filled with an City -approved infill material.
Other
Replacing Home Plate
Each
1
Work
Other
Replacing Pitchers Plate
Each
1
Work
Other
Replacing Base Anchors
Each
1
Work
Other
Moving soccer goal
Each
1
Work
Other
Add Turface to Baseball or Softball Infield (40 bags per field)
Per Field
1
Work
Other
Add Brickdust to Baseball or softball Infield
Per Field
1
Work
6-22
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or
Sq Ft
1
Work
equal) (Less than 5,000 Sq. Ft.) *
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or
Sq Ft
1
Work
equal) (5,000-20,000 Sq. Ft.) *
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or
Sq Ft
1
Work
equal) (20,001+ Sq. Ft.) *
Other
Apply City -approved Seed and top -dress (20 yards approx. per
Per Field
1
Work
field)
Other
Apply City -approved greens sand and level (less than 10 yards)
Per Yard
1
Work
Other
Apply City -approved greens sand and level (10 yards or greater)
Per Yard
1
Work
Other
Apply City -approved Aguinaga 80-20, Athletic Mix and level (less
Per Yard
1
Work
than 10 yards)
Other
Apply Aguinaga 80-20, Athletic Mix and level (10 yards or greater)
Per Yard
1
Work
Other
Provide and install field closure fencing and metal stakes (green or
Per 100
1
Work
orange snow fencing material or approved equal)
Feet
Other
Labor rate- Forman
Per Hour
1
Work
Other
Labor rate- Laborer
Per Hour
1
Work
Other
Labor rate- Equipment Operator
Per Hour
1
Work
Other
1 Ton Dump Truck
Per Hour
1
Work
Other
Tractor/Skid Steer
Per Hour
1
Work
6-23
EXHIBIT B
SCHEDULE OF BILLING RATES
Mariposa Landscapes, Inc Page B-1 6-24
C-9529-1 Exhibit B - Billing Rates
Item
Code
Description
UOM
QTY
Unit Price
Line Total
Comment
1
Deep -Tine Aeration - 10 inch solid tines (Per Field = 70,000 Sq. Ft)
Sq Ft
70,000
$ 0.007857
$ 549.99
2
DethatchlRenovatelVacuum Cut (Per Field = 70,000 Sq. Ft)
Sq Ft
70,000
$ 0.048571
$ 3,399.97
3
Install City -approved Mirimichi-brand organic fertilizer product (at
20lbsM,000 square feet)
Sq Ft
70,000
$ 0.009400
$ 658.00
4
Apply City -approved greens sand and level (at 30 Cubic yards per field)
Cubic Yard
30
$ 33.13
$ 993.90
5
Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft)
Sq Ft
70.000
$ 0.007543
$ 528.01
6
Gypsum Application at 25lbs11,000 square feet (Sail Buster or equal)
Sq Ft
70,000
$ 0.022400
$ 1,568.00
7
Mow (Reel Blade)
Sq Ft
70.000
$ 0.010143
$ 710.01
8
Mow (Rotary Blade)
Sq Ft
70,000
$ 0.006629
$ 464.03
9
Core aeration and remove plugs
Sq Ft
70.000
$ 0.017729
$ 1,241.03
10
Fertilize wl 21-0-0 (or Equal) at 1 Ib. of N11,000 square feet
Sq Ft
70.000
$ 0.012857
$ 899.99
11
Drill and Fill Aeration (up to 12-inch in depth wl a City -approved infill
material.
Sq Ft.
70,000
$ 0.19
$ 13,300.00
12
Sand Banding - creating vertical slits in soil up to 8-inch in depth at 10-
inches between slits, filled with an City -approved infill material.
Sq Ft.
70,000
$ 0.11
$ 7,700.00
13
Replacing Home Plate
Each
1
$ 229.00
$ 229.00
14
Replacing Pitchers Plate
Each
1
$ 133.00
$ 133.00
15
Replacing Base Anchors
Each
1
$ 175.00
$ 175.00
16
Moving soccer goal
Each
1
$ 182.00
$ 182.00
17
Add Turface to Baseball or Softball Infield (40 bags per field)
Per Field
1
$ 3,663.00
$ 3,663.00
18
Add Brickdust to Baseball or softball Infield
Per Field
1
$ 3,384.00
$ 3,384.00
19
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal)
(Less than 5,000 Sq. Ft.) "
Sq Ft
1
$ 3.00
$ 3.00
20
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal)
(5,000-20,000 Sq. Ft.) "
Sq Ft
1
$ 2.75
$ 2.75
21
Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal)
(20,001+Sq. Ft.)"
Sq Ft
1
$ 2.50
$ 2.50
22
Apply City -approved Seed and top -dress (20 yards approx. per field)
Per Field
1
$ 1,542.00
$ 1,542.00
23
Apply City -approved greens sand and level (less than 10 yards)
Per Yard
1
$ 38.40
$ 38.40
24
Apply City -approved greens sand and level (10 yards or greater)
Per Yard
1
$ 35.40
$ 35.40
25
Apply City -approved Aguinaga 80-20, Athletic Mix and level (less than 10
ards) -
Per Yard
1
$ 38.40
$ 38.40
26
Apply Aguinaga 80-20, Athletic Mix and level (10 yards or greater)
Per Yard
1
$ 35.40
$ 35.40
27
Provide and install field closure fencing and metal stakes (green or orange
snow fencing material or approved equal)
Per 1C0 Feet
1
$ 810.00
$ 810.00
28
Labor rate- Forman
Per Hour
1
$ 60.00
$ 60.00
29
Labor rate- Laborer
Per Hour
1
$ 44.00
$ 44.00
30
Labor rate- Equipment Operator
Per Hour
1
$ 65.00
$ 65.00
31
1 Ton Dump Truck
Per Hour
1
$ 15.00
$ 15.00
32
TractorlSkid Steer
Per Hour
1
$ 40.00
$ 40.00
Grand Total of
Line It and $ 42,530.78
6-25
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Mariposa Landscapes, Inc Page C-1 6-26
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers and employees or shall specifically allow Contractor or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents,
volunteers and employees shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on
its behalf. At least fifteen (15) days prior to the expiration of any such
policy, evidence of insurance showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
Mariposa Landscapes, Inc Page C-2 6-27
written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Mariposa Landscapes, Inc Page C-3 6-28
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Mariposa Landscapes, Inc Page C-4 6-29
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
MARIPOSA LANDSCAPES, INC, a California corporation hereinafter designated as the
"Principal," an agreement for maintenance and/or repair services consisting of various
tasks related to maintenance and renovation of youth sports fields, in the City of
Newport Beach, in strict conformity with the Agreement on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport
Beach, in the sum of Dollars
( ), lawful money of the United States of America, said sum being
equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty
Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach
under the terms of the Agreement; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, 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 the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Mariposa Landscapes, Inc Page D-1 6-30
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work
to be performed thereunder shall in any wise 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 Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Mariposa Landscapes, Inc Page D-2 6-31
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On , 20 before me, ,
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 signatures(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)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me, Notary
Public, personally appeared 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 signatures(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)
Mariposa Landscapes, Inc Page D-3 6-32
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
MARIPOSA LANDSCAPES, INC, a California corporation hereinafter designated as the
"Principal," an agreement for maintenance and/or repair services consisting of various
tasks related to maintenance and renovation of youth sports fields in the City of Newport
Beach, in strict conformity with the Agreement on file with the office of the City Clerk of
the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on
its part, to be kept and performed at the time and in the manner therein specified, and in
all respects according to its true intent and meaning, or fails to indemnify, defend, and
save harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Agreement or to the Work to be
Mariposa Landscapes, Inc Page E-1
6-33
performed thereunder shall in any way affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions of
the Agreement or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the _
Principal and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Mariposa Landscapes, Inc Page E-2
6-34
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 3 ss.
On , 20 before me,
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 signatures(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)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared ,
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 signatures(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)
Mariposa Landscapes, Inc Page E-3 6-35