HomeMy WebLinkAbout10 - Landscape Services for Parks and FacilitiesPaR m CITY OF
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City Council Staff Report
October 10, 2017
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mike Pisani, Municipal Operations Director - 949-644-3055,
mpisani@newportbeachca.gov
PREPARED BY: Shelby Morgan, Management Assistant
smorgan@newportbeachca.gov
PHONE: 949-644-3013
TITLE: Approval of Amendment No. One to Agreement with Mariposa
Landscapes, Inc. for Landscape Services for Parks and Facilities
ABSTRACT:
An amendment to the current agreement with Mariposa Landscapes, Inc., is proposed to
allow for additional tree planting services for the Municipal Operations Department.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One with Mariposa Landscapes, Inc. for landscape services
for parks and facilities and tree planting at various City locations, increasing the
compensation by $850,000 to $6,775,000 for the first 3 years of the contract, and to
$2,400,000 for each of the three optional extension years, and authorize the Mayor
and City Clerk to sign the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the appropriate accounts in the Municipal Operations Department.
DISCUSSION:
The current contract for landscape services for parks and facilities with Mariposa
Landscapes, Inc. was executed on November 24, 2015 with a yearly not -to -exceed
amount of $1,975,000. The initial expiration for this agreement is December 31, 2018 with
the option for three additional one-year extensions. The agreement covers services
including turf mowing, weeding, fertilization, pruning, litter pick up, and plant replacement.
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Approve Amendment No. One with Mariposa Landscapes, Inc.
for Landscape Services for Parks and Facilities
October 10, 2017
Page 2
Due to Not to Exceed (NTE) issues incurred in the Great Scott Tree Service, Inc. contract,
staff desires to utilize Mariposa for additional tree planting services in City parkways. The
current agreement does not include funds within the NTE limits for tree planting.
Mariposa's current agreement includes language regarding the requirement of prevailing
wage, and has since its inception.
Among other planting projects, Mariposa Landscapes has demonstrated quality tree
planting in City parks and facilities over the course of their agreement. They have
sufficient equipment, staffing and supervision to ensure efficient service delivery. They
also have a breadth of nursery vendor contacts that allow them to supply a wide range of
tree species and sizes.
Mariposa's current agreement, however, does not include follow up care for tree planting.
When the tree contractor plants trees in a parkway, the cost includes watering for one
year. This allows the contractor to check the health of the tree on a regular basis, and
ensure the tree gets frequent deep watering. Taking these extra steps helps the long term
viability of the tree, which may not occur if the tree is dependent on the homeowner's
irrigation system and watering frequency. Consequently, an amendment to the agreement
is provided which details the tree planting requirements and provides unit cost pricing for
full tree planting services.
To cover these additional services, the Municipal Operations Department is requesting
the not -to -exceed amount be increased by an additional $425,000 per year, starting with
2017. Municipal Operations Department thus recommends Amendment No. One be
executed for the remainder of term and extensions of the agreement to include tree
planting services with a total amount not -to -exceed $6,775,000 for the first three years,
and $2,400,000 for each of the three optional extension years.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. One with Mariposa Landscapes, Inc.
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ATTACHMENT A
AMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MARIPOSA LANDSCAPES, INC. FOR
LANDSCAPE SERVICES FOR PARKS AND FACILITIES
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 10th day of
October, 2017 ("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 15529 Arrow Highway,
Irwindale, California 91706, and is made with reference to the following:
RECITALS
A. On November 24, 2015, City and Contractor entered into a Maintenance/Repair
Services Agreement ("Agreement") for landscape maintenance services in various
locations throughout the City ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, reflect updated Billing rates, reflect
updated Bonds, amend language regarding responsibility for damages or injury
and Insurance, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONTRACTOR
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Contractor's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subcontractor fees, shall not exceed $6,775,000.00 for 2016
through 2018, and, if extended, $2,400,000.00 for each subsequent year extended from
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2019 through 2021, without prior written amendment to the Agreement. In accordance
with Section 1 of this Agreement, after the first three (3) years, this Agreement may be
extended for an optional fourth (4th) year at the end of year three, for an optional fifth
(5th) year at the end of year four, and for an optional sixth (6th) year at the end of year
five. Contractor's compensation for all Work performed in accordance with this
Agreement, including any term extensions and all reimbursable items, shall not exceed
Thirteen Million Nine Hundred Seventy Five Thousand and 00/100
($13,975,000.00)."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subcontractor fees, in an amount not to exceed One
Million Five Hundred Sixteen Thousand Four Hundred Sixty One Dollars and 00/100
($1,516,461.00), including any term extensions and all reimbursable items.
3. RESPONSIBILTY FOR DAMAGES OR INJURY
Section 9 of the Agreement is amended in its entirety and replaced with the
following:
"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
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
Mariposa Landscapes, Inc. Amendment No. One Page 2
10-4
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."
4. INSURANCE
Exhibit C to the Agreement is amended in its entirety and replaced with Exhibit C
attached hereto.
5. BONDING
Exhibit D to the Agreement shall be supplemented to include the Labor and
Materials Bond, attached hereto as Exhibit D and incorporated herein by reference. This
bond shall be renewed yearly, on or before the Effective Date of the Agreement, for an
amount not less than Two Million Four Hundred Thousand Dollars and 00/100
($2,400,000.00). Exhibit D to the Agreement and Exhibit D to this Amendment No. One
shall collectively be known as "Exhibit D."
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Mariposa Landscapes, Inc. Amendment No. One Page 3
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN fS OFFICE
Date:
By:
Aaron C. Harp a soX1
City Attorney
ATTEST:
Date:
M
Leiiani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-
By-
Mayor
ate:
By:Mayor
Kevin Muldoon
CONTRACTOR: MARIPOSA
LANDSCAPES, INC., a California
corporation
Date:
By:
Terry Noriega
President
Date:
By:
Antonio Valenzuela
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Mariposa Landscapes, Inc. Amendment No. One Page 4
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EXHIBIT A
SCOPE OF SERVICES
TREE PLANTING and YOUNG TREE CARE
• Tree Planting
o Tree planting consists of the installation of nursery stock container or palm
trees supplied by the Contractor.
o The Contractor shall comply with all general specifications standards
described herein.
o As stated previously herein, the Contractor shall identify the location of all
utilities and private property landscape irrigation components prior to the
planting of any tree. The Contractor shall assume full responsibility for any
damage that occurs during the planting of any tree.
o The Contractor shall supply high-quality nursery stock, which is fully rooted,
and representative of recognized standards for size and quality of the
material being planted. The Contractor shall email a photo representation
of the nursery stock.
o Brown trunk height (8TH) for palm trees shall be measured from the top of
root ball to the lowest green frond attached to the trunk at an angle of ninety
(90) degrees.
o Planting stock shall be well watered prior to shipping and covered for the
duration of transport. Trees that are delivered uncovered, with a dry or
fractured root ball or with broken scaffold limbs will be rejected. Root bound
material will be rejected. Palms that are delivered uncovered, with a dry root
ball or with a soilless root ball will be rejected.
o The Contractor shall not begin excavation for the planting of a tree without
first confirming that the planting site being considered is indeed the site
intended for the planting of a tree. Any confusion should be resolved by
contacting the City Arborist for assistance. In excavating planting pits, the
Contractor shall not excavate deeper than the depth of the root ball of the
tree being installed. The bottom of the planting pit shall be undisturbed so
that the planted tree will not settle below top of root ball grade standards
defined herein. As the width of the parkway allows, the Contractor shall
excavate the planting pit to be two (2) times the width of the root ball of the
nursery stock being planted.
o All nursery containers and box sides shall be removed from tree root balls
prior to planting. The Contractor shall not install trees with box bottoms left
on. All container debris (e.g. strapping, box fragments, and nails) shall be
removed from the planting pit prior to backfilling.
Mariposa Landscapes, Inc. Amendment No. One Page A-1
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o The Contractor shall install the tree or palm so that the top of root ball is two
(2) inches above top of curb so that the trunk flare is completely exposed.
In the event that there is no curb (i.e. park site), the Contractor shall install
the tree or palm so that the top of root ball is two (2) inches above
surrounding finish grade. The Contractor shall not resort to cutting or
trimming the root ball as a means of meeting grade standards.
o The Contractor shall backfill hardwood tree plantings with an equal mix of
excavated soil and topsoil. The topsoil portion of the backfill mix shall
contain no more than ten percent (10%) well decomposed organic fines.
o The Contractor shall backfill palm plantings with one hundred percent
(100%) washed mortar (plaster) sand.
o While backfilling, the Contractor shall cease backfilling when the planting pit
is one half (112) full and apply water to remove air pockets from the backfill.
Once the water has drained, the Contractor shall resume backfilling the
planting pit. A watering basin shall be constructed in a uniform circle and
shall extend from the center of the tree trunk to six (6) inches beyond the
edge of the root ball. The top of the watering basin shall be graded and
maintained uniformly with the upper edge of the basin maintained at a grade
of four (4) inches above the root flare of the tree.
o The Contractor shall be responsible for the stability of planted trees. The
nursery stake stall be removed from the trunk of the tree (as applicable) and
the tree shall be double staked using two (2), two (2) inch lodge pole stakes
of a length sufficient to be installed beyond the depth of the planting stock
root ball and to extend to the lowest branches of the installed tree's crown.
The stakes shall be installed an equal distance from the trunk of the tree
and shall be installed perpendicular to the street or sidewalk and shall be
installed so that one stake is orientated to be one hundred eighty (180)
degrees opposite the other. The root ball shall not be damaged by the
installation of stakes. The stake shall not be in contact with any aerial part
of the tree. The trunk of the tree shall be attached to the stakes using City
approved tree ties installed as per manufacturer's specifications.
New Tree Care
New Tree Care consists of the irrigation of young trees, which have been installed
by the Contractor, and the cultivation of new canopy coverage.
o The Contractor shall comply with all general specifications standards
described herein.
o As stated previously herein, the Contractor shall identify the location of all
utilities and private property landscape irrigation components prior to the
planting of any tree. The Contractor shall take all responsibility for any
damage that occurs during the planting of any tree.
Mariposa Landscapes, Inc. Amendment No. One Page A-2
M:
o The Contractor shall not use hoses, equipment or water from private
properties when watering parkway trees.
o While performing tree watering, the Contractor shall maintain the tree -
watering basin to include the removal of weeds and debris and the
maintenance of the watering basin to size and grade standards defined
herein.
o Trees shall be watered in such a manner that does not result in erosion of
the tree -watering basin, splashing of parked vehicles or damage to any of
the tree's surroundings. Haphazard riggings and/or watering out of the
window from the cab of watering equipment will not be tolerated.
o New trees shall be watered for a minimum of one (1) year. This watering
price shall be included as part of the planting price listed in the unit price
sheet.
o The Contractor shall maintain a daily log of trees watered. The log shall list
the tree watered by site. A printed copy of the log, which shall be maintained
in digital format, must accompany invoicing for tree watering services by the
Contractor.
o After planting a new tree, the Contractor shall post a door hanger on the
neighboring homes explaining that the Contractor will be watering the new
tree. The flyer will detail the homeowner's and the City/Contractor's
responsibilities for the new tree. Language for this flyer will be provided by
the City.
Mariposa Landscapes, Inc. Amendment No. One Page A-3
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EXHIBIT B
SCHEDULE OF BILLING RATES
Years 2016-2018
$6,775,000.00*^
Extension Year 2019
$2,400,000.00*
Extension Year 2020
$2,400,000.00*
Extension Year 2021
$2,400,000.00*
Total NTE
$13,975,000.00*
*The above values do not include the annual Consumer Price Index adjustment
per section 4.2 of the Agreement.
^The $1,975,000.00 for year 2016 provided in the original Agreement remains
unchanged.
ROOT BALL REMOVALS - $ 450.00 ea. for trees already removed.
TREE REMOVAL, DBH costs including stump grinding:
Less than 10" - $ 16 / inch
Less than 20" - $ 20 / inch
Less than 30" - $ 44 / inch
More than 30" - $ 44 / inch
NEW TREE INSTALLATION
24" Box standard type - $ 296.00 ea. 24" Box premium type - $ 367.00 ea.
36" Box standard type - $ 859.00 ea. 36" Box premium type - $ 1,076.00 ea.
Mariposa Landscapes, Inc. Amendment No. One Page B-1
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EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR 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
Mariposa Landscapes, Inc. Amendment No. One Page C-1
10-11
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a
policy providing contractor's pollution liability ("CPL") coverage with a
total limit of liability of no less than one million dollars ($1,000,000) per
loss and two million dollars ($2,000,000) in the aggregate per policy
period. Claims -made policies require a 5 -year extended reporting
period. The CPL policy shall include coverage for cleanup costs, third -
party bodily injury and property damage, including loss of use of
damaged property or of property that has not been physically injured or
destroyed, resulting from pollution conditions caused by contracting
operations. Coverage as required in this paragraph shall apply to
sudden and non -sudden pollution conditions resulting from the escape
or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. The CPL shall also provide coverage for transportation and
off -Site disposal of materials. The policy shall not contain any provision
or exclusion (including any so-called "insured versus insured" exclusion
or "cross -liability" exclusion) the effect of which would be to prevent, bar,
or otherwise preclude any insured or additional insured under the policy
from making a claim which would otherwise be covered by such policy
on the grounds that the claim is brought by an insured or additional
insured against an insured or additional insured under the policy.
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
Mariposa Landscapes, Inc. Amendment No. One
Page C-2
10-12
otherwise in legal control of the property upon
performs the Project and/or Services contemplated
shall be included as insureds under such policies.
which Contractor
by this Agreement
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. 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
Mariposa Landscapes, Inc. Amendment No. One Page C-3
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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.
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 Contract, 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. Amendment No. One Page C-4
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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 Click
here to enter text. hereinafter designated as the "Principal," an agreement for janitorial
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 Two Million Four Hundred Thousand Dollars and 001100
($2,400,000.00), lawful money of the United States of America, said sum being equal to
100% of the estimated amount 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
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Mariposa Landscapes, Inc. Amendment No. One Page D-1
10-15
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:
0
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. Amendment No. One
Page D-2
10-16
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
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. Amendment No. One Page D-3
10-17