HomeMy WebLinkAboutC-7997-1 - On-Call M/RSA for As-Needed Sports and Recreational Field LandscapingCITY CLE.RX
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ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH MARIPOSA LANDSCAPES, INC. FOR
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPING
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 8th day of June, 2021 ("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 Street, Irwindale, CA 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 for City ("Project").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Bid documents, line items, and
specifications.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
E. 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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 7, 2024 ("Original Term") unless terminated earlier as set forth herein.
The Original Term shall be for three (3) years with the City's option to automatically renew
the Agreement for two (2) additional one (1) year terms (each a "Renewal Term"), unless
Notice to Terminate is provided by City to Contractor within seven (7) days of renewal
date or further terminated earlier as set forth in the Agreement. In any event, the term of
the Agreement, including the Original Term and any Renewal Term(s) shall not extend
beyond June 7, 2026.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit B and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
2.3 With respect to the on-call Services described in Exhibit B, 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:
2.3.1 A detailed description of the Services to be provided;
2.3.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.3.3 The estimated number of hours and cost to complete the Services;
2.3.4 The time needed to finish the specific project or Services.
2.4 No on-call 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 B 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 B 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
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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 C 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 Dollars
and 00/100 ($1,250,000.00), without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit C ("Billing Rates") may
be adjusted by an increase not to exceed 2.0% to the Billing Rates. Contractor shall notify
City in writing of any requests for adjustment pursuant to this Section at least thirty (30)
days prior to the Effective Date of such adjustment, and provide updated billing rates.
Adjusted billing rates shall be approved in writing by City prior to use. The maximum
adjustment increase to the Billing Rates, for any year where an adjustment is made
pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately
preceding such adjustment.
4.3 This compensation includes:
4.3.1 Any loss or damage arising from the nature of the Work;
4.3.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work, and
4.3.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4.4 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
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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.
4.5 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit C to this Agreement, or specifically approved in writing in advance by
City.
4.6 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 C.
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 B 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 Department. City's
Public Works Director 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.
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.
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8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit B in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit B 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 and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 and/or Services 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,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, 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, employees, and any person or entity owning or otherwise in legal control of
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the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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 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,
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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 F, and incorporated herein by reference.
15. BONDING — ON-CALL SERVICES
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 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
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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 tenus 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 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.
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18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit B 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 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
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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 seq., 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: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Terry Noriega
Mariposa Landscapes, Inc.
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6232 Santos Diaz Street
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.
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.
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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.
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.
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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 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: S Zi 21
Aaron C. Harp
City Attorney
ATTEST:
Date: El `-�0 A^,�
CQ
By.1.��.7!� o ;/ft_
Leilani l."B'rown
City Clerk
SCI FUR%
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By:.
ate:By:
Brad
M
CONTRACTOR:
MARIPOSA LANDSCAPES, INC., a
California corporation
Date:
By: Signed in Counterpart
Terry Noriega
President/Chief Executive Officer
Date:
Signed in Counterpart
Antonio Valenzuela
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Bid Submittal Packet
Exhibit B
— Scope of Services
Exhibit C
— Schedule of Billing Rates
Exhibit D
— Labor and Materials Payment Bond (On -Call Services)
Exhibit E —
Faithful Performance Bond (On -Call Services)
Exhibit F —
Insurance Requirements
Mariposa Landscapes, Inc. Page 14
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:_� 112-,5) IoL `
By: t Z )--.— -F
Aaron C. Harp
City Attorney i fi
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR:
MARIPOSA LANDSCAPES, INC., a
California corporation
Date: 5/27/2021
By: AU -11
V
Terry Norieg
President/Chief Executive Officer
Date: 05/27/2021
By: i S4�
Theresa Lu
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Bid Submittal Packet
Exhibit B
- Scope of Services
Exhibit C
- Schedule of Billing Rates
Exhibit D
- Labor and Materials Payment Bond (On -Call Services)
Exhibit E
- Faithful Performance Bond (On -Call Services)
Exhibit F
- Insurance Requirements
Mariposa Landscapes, Inc. Page 14
EXHIBIT A
BID SUBMITTAL PACKET
Mariposa Landscapes, Inc. Page A-1
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 2:00 PM on the 8th day of April, 2021,
at which time such bids shall be opened and read for
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
$250,000
Estimated Annual Bid Value
i James M. Houlihan
Deputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Contractor License Classification(s) required for this project: "C-27"
For further information, call Kevin Pekar, Project Manager at (949) 644-3069
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca gov/government/open-transparent/online-services/bids-rfps-
vendor-registration
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
TABLE OF CONTENTS
NOTICEINVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 19
INFORMATION REQUIRED OF BIDDER.....................................................................20
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS................................................................. Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIAL PROVISIONS............................................................................................ SP -1
E
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S 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, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 et seq.), 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 contract. 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 contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
4
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
592268, Class A, C27, C61/D49 �AA� (Ls�
Contractor's License No. & Classification Authorized Sign ture/Title Terry Noriega, President
1000005079 Exp: 06/30/2022
DIR Registration Number & Expiration Date
Mariposa Landscapes, Inc.
Bidder
5
03/23/2021
Date
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent The Amount Bid In *******************************
Dollars ($ 10% "'*`***'*'******* ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of AS -
NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES, Contract No. 7997-1
in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and
the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract
Documents in the form(s) prescribed, including the required bonds, and original insurance
certificates and endorsements for the construction of the project within thirty (30) calendar days
after the date of the mailing of "Notification of Award", otherwise this obligation shall become null
and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 25th day of March , 2021.
Mariposa Landscapes, Inc.
Name of Contractor (Principal)
Hartford Fire Insurance Company
Name of Surety
One Pointe Drive, 6th Floor, Brea, CA 92821
Address of Surety
(714)674-1321 Leslie Reyes
Telephone
Authorized Signature/Title
Y/ 51WA., -
Autl-Vlgfize'd Agent Signature
Mary Smith, Attorney -In -Fact
Print Name and Title
(Notary acknowledgment of Princip § p'ety must be attached)
0
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 Los Angeles }ss.
On March 25 20 21 before me, Emily Preciado
Notary Public, personally appeared Mary Smith
who proved to me on the basis of satisfactory evidence to be the persogofwhose name(<is/aw
subscribed to the within instrument and acknowledged to me that.leshe/tbeyexecuted the same
in Wher/thefauthorized capacity(jesl, and that by hi<her Ir signatures(zl-o-n the instrument
the person(W, or the entity upon behalf of which the personal—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.
6dvdA'U�--�
Signature
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
♦SE'71;"l�F EMILY PRECIADO
G o s= COMMISSION #2328011
w.a�• Notary Public - California
LOS ANGELES COUNTY v
My Commission Expires
MAY 11, 2024
sea
OPTIONAL INFORMATION
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
C
Check here if
no thumbprint
or fingerprint
is available.
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
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
(seal)
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)
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY
Agency Code: 72-183250
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of flee State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized tinder the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
OHartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint
up to the amountof Unlimited :
Steven L. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
� r �
o �►ANr� �^ `+ca..rl.rri�ri a tioe>• 4r3 �=�°o� `e"�` ^z a' *a°soa"
„ � �:r P,r ,n1v f` • r�i11Y1i► . 1979
�► • ♦ +� �+° .y•• .•t� r` •53.,'.''x.... ;4� 9
�s:»::� +eevr° ry'; 'rya ' urvri Z��,..wr�,u•' �:.•
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
s,. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
Kathleen T. Maynard
k 4r,u r ntayv
..
• thINSG *
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 25, 2021
Signed and sealed at the City of Hartford. f�
try I� �Of6°7q !i y�Flt tY -6JP ><t �
��r� �� �:ircn•.,e,rrs�n a tori _�o =3+�.a��tprloM
•� ♦ :A;e ~'. aA P.,x. /gym"' • n1M! ,'•;� 9?• 1e_ `:, DT r I9R9
• cr: �, ,: �^aw+•° yrA "� tort ;"v,''cr.rvis' ��rr.H+' "�7Z1t,9 •
/A
Kevin Heckman, Assistant Vice President
Direct Inquiries/Claims to:
THE HARTFORD
BOND,POWER
OF ATTORNEY
tcut06t55
HartfOne od Conne
Bond.ClaimsCa_thehartford.corn
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY
Agency Code: 72-183250
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of flee State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized tinder the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
OHartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint
up to the amountof Unlimited :
Steven L. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
� r �
o �►ANr� �^ `+ca..rl.rri�ri a tioe>• 4r3 �=�°o� `e"�` ^z a' *a°soa"
„ � �:r P,r ,n1v f` • r�i11Y1i► . 1979
�► • ♦ +� �+° .y•• .•t� r` •53.,'.''x.... ;4� 9
�s:»::� +eevr° ry'; 'rya ' urvri Z��,..wr�,u•' �:.•
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
s,. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
Kathleen T. Maynard
k 4r,u r ntayv
..
• thINSG *
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 25, 2021
Signed and sealed at the City of Hartford. f�
try I� �Of6°7q !i y�Flt tY -6JP ><t �
��r� �� �:ircn•.,e,rrs�n a tori _�o =3+�.a��tprloM
•� ♦ :A;e ~'. aA P.,x. /gym"' • n1M! ,'•;� 9?• 1e_ `:, DT r I9R9
• cr: �, ,: �^aw+•° yrA "� tort ;"v,''cr.rvis' ��rr.H+' "�7Z1t,9 •
/A
Kevin Heckman, Assistant Vice President
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 Los Angeles
On March 26, 2021
before me, D. Jones, Notary Public
(insert name and title of the officer)
personally appeared Terry Noriega
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)
D. JONES
NotaryPublic- California z
z c Los Angeles County n
Commission # 2185491
My Comm. Expires Mar 29, 2021
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES
Contract No. 7997-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
Mariposa Landscapes; Inc.
Bidder Authorized Sign ture/Title Terry .oriega, President
0
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Mariposa Landscapes, Inc
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
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.
For all public agency landscaping projects that you have worked on (or are currently
working on) in the past 2 years in excess of $250,000 annually, provide the following
information:
No. 1
Project Name/Number Landscape Maintenance of City Parks and Facilities
Project Description
Landscsape Maintenance
Approximate Construction Dates: From 2016
Agency Name City of Newport Beach
Contact Person Kevin Pekar
To: Current
Telephone (949) 6443069
Original Contract Amount $1,975,000.00 Final Contract Amount $ 2,784,530.49
If final amount is different from original, please explain (change orders, extra work, etc.)
10
Extra Work
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
City audited our company and found that we were in wage violation and failed to submit
a DAS 140. We paid the required fine to cover the initial contract. We are currenty being audited
on the extensions.
11
No. 2
Project Name/Number Landscape Maintenance of City Parks, Medians, Parkways and Facilities
Project Description
Landscape Maintenance
Approximate Construction Dates: From 2013
Agency Name City of Arcadia
Contact Person Dave Thompson
To: Current
Telephone (626) 254-2709
Original Contract Amount $ 522,900.00 Final Contract Amount $ 522,900.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
No. 3
Project Name/Number City of Rancho Cucamonga
Project Description Landscape Maintenance of Medians and Parkways
Approximate Construction Dates: From 1989
Agency Name City of Rancho Cucamonga
To: Current
Contact Person Steve Relph Telephone (909) 774-4116
Original Contract Amount $ 1,345,769.28 Final Contract Amount $1,345,769.28
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
12
No. 4
Project Name/Number Landcape Maintenance- LMD Areas
Project Description
Landscape Maintenance
Approximate Construction Dates: From 2015
Agency Name City of Tustin
Contact Person Christine Zepeda
To: Current
Telephone (71 � 573-3147
Original Contract Amount $ 546,204.00 Final Contract Amount $ 546,204.00
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
No. 5
Project Name/Number Landscape Maintenance
Project Description Landscape Maintenance
Approximate Construction Dates: From 2017 To: Current
Agency Name city of Monrovia
Contact Person Sean Sullivan
Telephone (626) 932-5522
Original Contract Amount $ 708,991.00 Final Contract Amount $ 708,991.00
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
13
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor. *please see attached resume
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Mariposa Landscapes, Inc.
Bidder Authorized S4 ature/Title Noriega, President
14
M A R I P O S A
L A N D S C A P E S I N C
RESUME
Michael Williams
General Superintendent/Account Manager
C. (626) 647-6238
F. (714) 352-2298
E. michael.williams@mariposa-ca.com
Michael Williams will be the person in -charge and responsible for project management, communication
with foreman, field supervisor and primary contact with the City of Newport Beach.
He has over 31 years work experience conducting and overseeing Landscape Maintenance work for
Public Works, Commercial and Residential. With a vast experience in all aspects of irrigation design and
retrofit, Maintenance and Arbor care
Michael is responsible for all aspects of project management, emphasizing safety, high quality work,
operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that
punch lists are completed and institutes improvements to enhance the quality of work.
Certifications:
• CPR and Safety trained
• B.S. Ornamental Horticulture, Cal Poly San Luis Obispo
• Qualified Applicator License: 133955
<�19 CA CONTRACTOR'S LIC ki 592268 A, C 27, D-49
6232 Santos Diaz St., IRWINDALE, CA 91702 •TEL 800.794.9458 •FAX 626.960.8477
www.mariposa-ca.com
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
NON -COLLUSION AFFIDAVIT
State of California )
)Ss.
County of Los Angeles )
Terry Noriega being first duly sworn, deposes and says that he or she is
President of Mariposa Landscapes, Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Mariposa Landscapes, Inc.
Bidder Authorized SI ature/Title Ter No iega, President
Subscribed and sworn to (or affirmed) before me on this�o GG�' day of M Att1 , 2021
byproved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
D. JONES
Z ~,u
NotaryPublic znLos Angeles County
Commission # 2185491
My Comm. Expires Mar 29, 2021
W
E - �L
Notary Public
My Commission Expires:
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
DESIGNATION OF SURETIES
Bidders name Mariposa Landscapes, Inc.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
The Hartford Address: One Point Drive, Brea, CA 92821 Ph (714)674-1291 -Bonds
Bolton & Co. Address: 3475 E. Foothill Blvd, Pasadena, CA 91107 Ph (626)799-7000 -Bonds
Federated Mutual Insurance Co. Address: P.O. Box 328, Owatonna, MN 55060 Ph 1-888-333-4949 -Insurance
Global Risk, LLC Address: 800 Wilshire Blvd., 2nd Floor, Los Angeles, CA 90017 Ph: (213) 550 -2253 -Insurance
16
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Mariposa Landscapes, Inc.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
17
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2020
2019
2018
2017
2016
Total
2021
No. of contracts
222
381
505
269
204
195
1,776
Total dollar
$25,050,00
$39,620,0
$40,920,00
$38,850,00
$34,910,0
$34,860,0
$214,210,0
Amount of
0.00
00.00
0.00
0.00
00.00
00.00
00.00
Contracts (in
Thousands of $)
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
1
4
5
4
9
4
27
No. of lost
0
0
1
2
0
3
6
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
17
Legal Business Name of Bidder Mariposa Landscapes, Inc.
Business Address: 6232 Santos Diaz St., Irwindale, CA 91702
Business Tel. No.: (626) 960-0196
State Contractor's License No. and
Classification: 592268, Class A, C27, C61/D49
Title
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Terry Noriega
Date
03/24/2021
Title
President
Signature of
bidder
ti -ice Antonioyalenzuela
Date
03/24/2021
Title
Secretary
Signature of
bidder
N/A
Date
Title
Signature of
bidder
N/A
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
HN
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 Los Angeles
On March 25, 2021
before me, D. Jones, Notary Public
(insert name and title of the officer)
personally appeared Terry Noriega & Antonio Valenzuela
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 \
D. JONES
NotaryPublic- California z
z Los Angeles County >
Commission # 2185491
My Comm. Expires Mar 29, 2021
(Seal)
State of California S
t,
Secretary of State
Statement of Information
FQ60862
(Domestic Stock and Agricultural Cooperative Corporations)
FEES (Filing and Disclosure): $25.00,
FILED
If this is an amendment, see instructions.
IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
In the office of the Secretary of State
of the State of California
1. CORPORATE NAME
MARIPOSA LANDSCAPES, INC.
AUG -25 2017
This Space for Filing use Only
2. CALIFORNIA CORPORATE NUMBER
C1469653
No Change Statement (Not applicable if agent address of record Is a P.O. Box address. See Instructions.)
If there have been any changes to the Information contained in the last Statement of Information filed with the California Secretary
3
of State, or no statement of information has been previously filed, this form must be completed in Its entirety.
If there has been no change in any of the information contained In the last Statement of Information flied with the California Secretary
of State, check the box and proceed to Item 17.
Coinlet'e'ladalegs�•� for'tty FblloWirsg' (r)d' gl'sli6g Giafe ih'e n2me of the ail" ' 6Yriis 4%rid 5'c�nnot be P.O. Boxes.)
4. STREET ADDRESS OF PRINCiRAL 6X6Ci7TIVE OFFII;E't' v ' " CITY STATE ZIP CODE
6232 SANTOS DIAZ ST, IRWINDALE, CA, 9.1702.: -,
5. $TREE'rA> DRESS OF PRINCIPAL BUSINESS OPFICE IN OALIFdli 41A, IF ANY CITY STATE ZIP CODE
6232 SANTIS DIAZ ST, IBWINDALE, CA 91702 ,
6. MAIL•IN,G ADDRESS OF CORPO1tATION, IF DIFFERENT THAh)Y9M 4 CITY STATE ZIP CODE
Nameb and.0 inplete Addresseo'�f;tHe.,F,oliavrting,Offlci�rs ,:(The corpora(lon must list 111e50 three bffiders. A comparable iltl'e foi' the speck
officer mey,be addedyhowever, the preprinted titles on this form must not be altered.)
7. CHIEF EXECUTIVE OFFICER! ADDRESS CITY STATE ZIP CODE
TERRY L NORIEGA 6232 SANTOS DIAZ ST, IRWINDALE, CA 91702
STATE
8. SECRETARY ADDRESS CITY , SIR tIODE
ANTONIO VALENZUELA 6232 SANTOS DIAZ ST, IRWINDALE, CA 91702
9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE
THERESA 'LU .623,2 -SANTOS DIAZ ST, IRWINDALE; CA 91702
Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have, at least one
director. Attachadditional pages, if..necessary. -
10. NAME ADDRESS CITY STATE ZIP CODE
TERRY 'NORIE:GA 6232 SA'NTOS•DIAZ'ST, IRWINDAL•E,. CA 91702
11. NAME ADDRESS ' CITY STATE ZIP CODE
12. NAME ,. AbDRES5 CITY STATE ZIPCODE
13. NUMBER.OF VACA061ES ON THE BOARD of DIRECTORS, IF ANY:
Agent.for Service of Process lithe agent is an Individual, the agent must reside in California and Item 15 must be completed with a Californla street
address, a P.O. Box address is not acceptable. If the agent Is another corporation, the agent must have on file with the California Secretary of State a
certificate pursuant to California Corporations Code sectlon 1505 and Item 15 must be left blank,
14, NAME OF AGENT FOR SERVICE OF PROCESS
TERRY NORIEGA
15, STREE1,NUDIjESS OF AGENT FOR'SFRVICEIQPPf7UP:.E55 IN GAL'IFORNIA, IF AN IJJbIVIDUAI- CITY. ; ? STATE -Z1: PPE
6232 SANT05 D1AZ ST, IRWINCAL� OA 01702 ;
-rYPe`of f3gslnes's . , , . .-, :,... ,•I'•1 , : � ... ., ! - �_.._ •
16. DESCRIBE THE TYPE OF SUSINESS OF TME CORPORATION
LANDSCAPE MAINTENANCE SERVICES
17 BY SUBMITTING THIS STATEMENT..OF INFORMATION, TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION
. "I —
CONTAINED HEREIN, INCLUDTNO'ANY ATTACHMENTS, IS TRUE AND CORRECT. X� ,
E�
08/2512017 BRANDON Y HUANG CONTROLLER
DATE TYPEIPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE
Page i of 1 APPROVED BY SECRETARY OF STATE
SI -too (REV 0112013)
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Mariposa Landscapes, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
X/oti
19
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SFRVI(,FS
Contract No. 7997-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Mariposa Landscapes, Inc.
Business Address: 6232 Santos Diaz St., Irwindale, CA 91702
Telephone and Fax Number: (626) 960-0196 (626) 960-8477
California State Contractor's License No. and Class: 592268 Class A, C27, C61/D49, C31
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 04/19/1990 Expiration Date: 04/30/2022
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Dave Widjaja, Estimator
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
Terry, Noriega, President Address: 6232 Santos Daiz St., Irwindale, CA 91702 (626) 960-0196
Antonio Valnezuela, Velnzuela Address: 62323 Santosn Diaz St., Irwindale, CA 91702 (626) 960-0196
Corporation organized under the laws of the State of California
20
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
None
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
None
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
*Please see attached
Briefly summarize the parties' claims and defenses;
*Please see attached
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
No
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? (&D/ No
21
Are any claims or actions unresolved or outstanding?(S> No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Mariposa Landscapes, Inc.
Bidder
Terry Noriega
(Print name of Owner or President
of Corporation/Company)
Authorized Signat re/Title
President
Title
03/24/2021
Date
On MW'o ail, ao31 before me, J r a Notary Public, personally appeared
`re,AALI N0Rie_&A , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are who
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.
W NESS my nd and official seal.
N6tary-15ublic in an Uor said State
My Commission Expires: 3 a`t dl
22
D. JONES
t7--_;:rallotary Public - California Z
(SEAL) Z Los Angeles County
Commission N 2185491
My Comm. Expires Mar 29, 2021
M A R 1 P O
L A N D S C A P E S
Kesselring v. City of Palmdale
M. Chavarria v. Mariposa
Landscapesinc.
Cartwright v. City of San Dimas
Arvallo v. City of Corona
Hansell v. City of Rancho
Cucamonga
Aronson v. City of Palm Springs
Flores v. City of Burbank
Mariposa Landscapes Inc.
Pending and Settled Litigation
No. Date Court
MCO25984
November 7, 2016
Superior, Los Angeles
BC690689
January 24, 2018
Superior, Los Angeles
BC660950
June 5, 2018
Superior, Los Angeles
RIC1810846
June 6, 2018
Superior, Riverside
CIVDS1725721
February 21, 2019
Superior, San Bernardino
PSC1902825
April 24, 2019
Superior, Riverside
19STCV07043
September 5,2019
Superior, Los Angeles
S A
I N C
Status
Dismissed 6.9.17
GL
Dismissed 7.1.19
Empi.
Dismissed 10-2-19
GL
Dismissed
GL
Dismissed 05-21-20
GL
Dismissed
GL
Pending
GL
<�'q TEL 800 • 794 • 9458 • FAx 626 • 960 • 8477 • www.mariposa-ca.com
6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49
Our Core Values — Safety • Teamwork • Quality • Integrity
M A R 1 P O S A
L A N D S C A P E S I N C
For any projects you have been involved with in the last 5 years, did you have any claims or
actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing
wage, falsifying certified payrolls, etc?)- Yes
In 2020 Mariposa Landscapes, Inc. was audited by the City of Newport Beach and found to be in
violation for not submitting the required DAS 140 form and for not paying the appropriate
wages for services performed as extra work that were found not be considered maintenance
work.
The City of Newport Beach is currently auditing us on the contract extensions for the some.
<�19 TEL 800 • 794 • 9458 0 FAX 626 • 960 • 8477 9 www.mariposa-ca.com
6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49
Our Core Values — Safety • Teamwork • Quality • Integrity
City of Newport Beach
AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE
SERVICES
Contract No. 7997-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. 7997-1 in accordance with
the Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
03/24/2021
Date
626) 960-0196 (626) 960-8477
Bidder's Telephone and Fax Numbers
592268, Class A, C27, C61/D49
Bidder's License No(s).
and Classification (s)
1000005079
DIR Registration Number
Mariposa Landscapes, Inc.
Bidder
TerrV Noriega, President
Bidder's A thorized Signature and Title
6232 Santos Diaz St., Irwindale, CA 91702
Bidder's Address
Bidder's email address: david.hall@mariposa-ca.com
PR -1
EXHIBIT B
SCOPE OF SERVCES
Mariposa Landscapes, Inc. Page B-1
EXHIBIT B
SCOPE OF SERVICES
SPECIFICATIONS AS PROVIDED IN FORMAL BID DOCUMENTS
AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES
CONTRACT NO. 7997-1
All work necessary for the completion of this contract shall be done in accordance with these Special
Provisions
Award and Selection
Award of a multi-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.
Site Locations
Arroyo Park
1411 Bayswater
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
Grant Howald Park
3000 Fifth Avenue
Irvine Terrace Park
721 Evita Drive
Lincoln School
3101 Pacific View Drive
Mariners Park & FS
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, 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 field/park areas;
■ Fertilize fields based on City specifications;
• Mow grass;
■ Apply City -supplied seed and topdress; and
■ Apply greens sand and athletic mixes, and level areas per City requests.
o City shall supply the following materials:
■ Roll off bins for sod disposal,
• Mirimichi-brand fertilizer product,
■ Seed and topdress,
■ Greens sand, and
■ Athletic mix.
• 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.
o 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.
o 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. All contractor
vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times
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
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 AND RESPONSIBILITY
o City shall supply the following materials:
■ Roll off bins for sod disposal,
■ Mirimichi-brand fertilizer product,
• Seed and topdress,
• Greens sand, and
■ Athletic mix.
In the event the City exercises the option to purchase the materials, the following
conditions will apply.-
0
pply:
■ Contractor 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 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 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 shall be responsible to provide all labor and
materials to allow for successful Project completion.
■ The City may choose to reimburse the Contractor 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.
Bidding 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
70000
BASE BID
Dethatch/RenovateNacuum Cut (Per Field = 70,000 Sq. Ft)
Sq Ft
70000
BASE BID
Install City -provided Mirimichi-brand organic fertilizer product (at
20lbs/1000 square feet)
Sq Ft
70000
BASE BID
Apply City -supplied greens sand and level (at 30 Cubic yards per
field)
Cubic
Yard
30
Other
Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft)
Sq Ft
70000
Work
Other
Gypsum Application at 25lbs/1000 square feet (Soil Buster or
Sq Ft
70000
Work
equal)
Other
Mow (Reel Blade)
Sq Ft
70000
Work
Other
Mow (Rotary Blade)
Sq Ft
70000
Work
Other
Core aeration and remove plugs
Sq Ft
70000
Work
Other
Fertilize w/ 21-0-0 (or Equal) at 1 Ib. of N/1000 square feet
Sq Ft
70000
Work
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
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) *
Other
Apply City -Supplied Seed and topdress (20 yards approx. per field)
Per Field
1
Work
Other
Apply City -supplied greens sand and level (less than 10 yards)
Per Yard
1
Work
Other
Apply City -supplied greens sand and level (10 yards or greater)
Per Yard
1
Work
Other
Apply City -Supplied Aguinaga 80-20, Athletic Mix and level (less
Per Yard
1
Work
than 10 yards)
Other
Apply City -Supplied Aguinaga 80-20, Athletic Mix and level (10
Per Yard
1
Work
yards or greater)
EXHIBIT C
SCHEDULE OF BILLING RATES
Mariposa Landscapes, Inc. Page C-1
EXHIBIT C
SCHEDULE OF BILLING RATES
AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES
CONTRACT NO. 7997-1
Item
Description
Unit
Unit Cost
BASE
Deep -Tine Aeration — 10 -inch solid tines (Per Field = 70,000
Sq Ft
$0.007143
BID
Sq. Ft)
BASE
Dethatch/Renovate/Vacuum Cut (Per Field = 70,000 Sq. Ft)
Sq Ft
$0.042786
BID
BASE
Install City -provided Mirimichi-brand organic fertilizer product
Sq Ft
$0.009400
BID
(at 20lbs/1000 square feet)
BASE
Apply City -supplied greens sand and level (at 30 Cubic yards
Cubic
$29.50
BID
per field)
Yard
Other
Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft)
Sq Ft
$0.007300
Work
Other
Gypsum Application at 25lbs/1000 square feet (Soil Buster or
Per
$1,486.00
Work
equal)
Field
Other
Mow (Reel Blade)
Sq Ft
$0.009029
Work
Other
Mow (Rotary Blade)
Sq Ft
$0.005786
Work
Other
Core aeration and remove plugs
Sq Ft
$0.016457
Work
Other
Fertilize w/ 21-0-0 (or Equal) at 1 Ib. of N/1000 square feet
Sq Ft
$0.012443
Work
Other
Replacing Home Plate
Each
$221.00
Work
Other
Replacing Pitchers Plate
Each
$130.00
Work
Other
Replacing Base Anchors
Each
$159.00
Work
Other
Moving soccer goal
Each
$166.00
Work
Other
Add Turface to Baseball or Softball Infield (40 bags per field)
Per
$3,554.00
Work
Field
Other
Add Brickdust to Baseball or softball Infield
Per
$3,275.00
Work
Field
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod
Sq Ft
$1.76
Work
Bandera (or equal) (Less than 5,000 Sq. Ft.) *
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod
Sq Ft
$1.50
Work
Bandera (or equal) (5,000-20,000 Sq. Ft.) *
Other
Remove existing, Install, and Roll Hybrid Bermuda Sod
Sq Ft
$1.35
Work
Bandera (or equal) *
Other
Apply City -Supplied Seed and topdress (20 yards approx. per
Per
$1,285.00
Work
field)
Field
Other
Apply City -supplied greens sand and level (less than 10 yards)
Per
$32.00
Work
Yard
Other
Apply City -supplied greens sand and level (10 yards or greater)
Per
$29.50
Work
Yard
Other
Apply City -Supplied Aguinaga 80-20, Athletic Mix and level
Per
$32.00
Work
(less than 10 yards)
Yard
Other
Apply City -Supplied Aguinaga 80-20, Athletic Mix and level (10
Per
$29.50
Work
yards or greater)
Yard
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars and 00/100 ($ )
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
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
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
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
hereinafter designated as the "Principal," an agreement for
LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES, 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
Dollars and 00/100 ($ .00)
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), of the Agreement, 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 performed
Mariposa Landscapes, Inc. Page E-1
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:
By:
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
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.
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
LWAamII:]kAa
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, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
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
Mariposa Landscapes, Inc. Page F-1
Agreement, including coverage for any owned, hired, non -owned or rented
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,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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
Mariposa Landscapes, Inc. Page F-2
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of 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 F-3
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 F-4
Reyes, Raymund
From: Customer Service < customerservice@ebix.com >
Sent: Monday, May 17,20216:07 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 7997-1
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This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 7997-1 Mariposa Landscapes, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.