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Home My WebLink AboutC-9529-1 - As-Needed Sports & Recreational Field Landscape ServicestN LJ 1 (r CITY OF NEWPORT BEACH V 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 3:00 PM on the 10 day ofAprii, 2024, at which time such bids shall be opened and read for AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 $250,000.00 Estimated Annual Bid Value Approved /James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.121anetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via (Select One) Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "C-27" For further information, call Kevin Pekar, Parks and Trees Superintendent, at (949) 644-3369 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www. newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor-registration City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 TABLE OF CONTENTS NOTICE INVITING 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 PR-1 City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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, 2"d 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. 4. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. PR-1 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. 7. 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. 6. in accordance with the California Labor Code (Sections 1770 et seq.J, 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 shaft 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,. "Sublbtting 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 PR-1 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, C31, C61/D49 n�:� k"::� Contractor's License No. & Classification Authorized Signature/Title T rry Noriega, President 1000005079 DIR Registration Number & Expiration Date Mariposa Landscapes, Inc. Bidder PR-1 3/22/2024 Date City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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°i°**""***`**""`**'**') 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. 9529-1 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 27th day of March 2024. Mariposa Landscapes, Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety 1 Pointe Drive, Brea, CA 92821 Address of Surety 714-674-4599 Telephone Autho "zed Signature i le e64etll% Authoriz gent Signature EMILY PRECIADO Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) PR-1 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 thg/ rson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me�fiat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/h jerltheir 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 paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Document Number of Pages in: Document Document in a Foreign Language iVVs of the State of California that the foregoing 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: PR-1 (seal) Thumbprint of Signer ❑ 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 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh /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 Sate of California that the foregoing paragraph is true and correct. j WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of th;e 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 On SS. 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;(nstrument and acknowledged to me that he/she/they executed the same in his/her/their authori ed 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. (seal) 20 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 PR-1 (seal) CALIFORNIA• • ODi c�Y.si !'.Y�'Cc�'.c� .s�C.s�.Cs�'.. •� .c�C..'!.�c��C�Crc�C!aZ.<.caC.:.t.:�C�c�'C�'..�`.c�C v:�f�:.-.�•.w�<.>.ca`.s�i/,C,�.��'�s��.:�C�t..�•.s�C.c�C CSC aC 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 27, 2024 before me, Mary Smith, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Emily Preciado Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(p) whose name(R) is/00 subscribed to the within Instrument and acknowledged- to me that M/she/fl`[W executed the same in lWher/M& authorized capacityo", and that by M/her/Wr signature(k) on the instrument the person(g), or the entity upon behalf of which the person(4 acted, executed the instrument. MARY SMITH COMMISSION #2433024 x Notary Public - California Z _ ` ` LOS ANGELES COUNTY C �� My Commission Expires JANUARY 28, 2027 Place Notary Seal Above 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 Sigrt re f Notary Public Sill OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages; Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): LJ Partner — ❑ L:1-11,Attor ted ❑ Gene El Individual Fact ElTrustee ardian or Conservator ❑ Other: _ Signer epresenting: Signer's Name: I- I Corporate Officer — Title(s): CI Partner — I:I Limited Fl General !D Individual I .I Attorney in Fact ❑ Trustee L1 Guardian or Conservator Cl Other: Signer Is Representing: 6 W—flo .•J'�L% .✓<"J<�. ' 9C✓.5'ti •b 'a4'✓ ri ars�✓.tiC/.1'e�.'dn.... ri «.G'e/.'✓ +i.�. 'ems e��i��'. ' VM es5v ill-L ✓6C✓,�:- G'� 02014•nal Notary Association www.NationalNotary.org :11 NOTARY ill i • •I 91 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY One HartordPlaza tltltl ��..��.JJJ111 �� 11 Hartford, Connecticut 06155 Bond. Cl alms(cDthehartford.com call: 888-266-3488 orfax: 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 the Stale of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe 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 under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the Slate of Indiana Hartford 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 23, 2016 the Companies have caused these presents to be signed by its Assistant 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. �riF y.i�•!'°e�€ i3�9; �,ar,*a��!% lyy91D7g N;,f a'`,ncoo•oa+ 1•�^ Wx� /!!uV' .. a ,,;f Shelby Wiggins, Assistant Secretary STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)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 (s)he signed his/her name thereto by like authority. Jessica Ciccone My Commission tIH 122280 Expires June 20, 2025 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 27, 2024 Signed and sealed in Lake Mary, Florida. Joelle L. LaPierre. Assistant Vice President _•y1Y liW� S' O�TI��moN.y•:. s`�e 1c6tt Venoa : 0 c �. , ft9PlOMIlO „ 3 9 Keith D. Dozois, 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 '>' -/1 ' 20-,?tA before me, Brandon James Williamson, Notary Public (insert name and title of the officer) personally appeared-�1'bUk who proved to me on the basis of sati factory evide ce 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. �— BRANDON JAMES WILLIAMSON WITNESS my hand and official seal. Notary Public • California ` ry Los Angeles County ` Commission = 2354892 My Comm. Expires Apr 19, 2025 Signatur �� (Seal) City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT 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 DI registration numbers for each subcontractor. Mariposa Landscapes, Inc. Bidder PR-1 - Lik-c�� Authorize Signature/Title Terry Noriega, President City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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 projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Landscape Maintenance of Medians and Roadsides Project Description Landscape Maintenance Approximate Construction Dates: From 2016 Agency Name City of Newport Beach Contact Person Kevin Pekar To:2021 Telephone (949) 644-3069 Original Contract Amount $2.795,681.00 Final Contract Amount $ 2,795,681.00 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 PR-1 No. 2 Project Name/Number Landscape Maintenance Services Project Description Landscape Maintenance and Irrigation Approximate Construction Dates: From 2013 Agency Name City of Arcadia To: Current Contact Person Dave Thompson Telephone (626) 254-2709 Original Contract Amount $522,963.00 Final Contract Amount $ 522,936.00 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. 3 Project Name/Number Landscape Maintenance Contract Project Description Landscape Maintenance and Irrigation of Medians and Parkways Approximate Construction Dates: From 1989 To: Current Agency Name City of Rancho Cucamonga Contact Person Steve Relph Telephone (909) 774-2730 Original Contract Amount $1,602,650.0oFinal Contract Amount $1,602,650.00 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 PR-1 No. 4 Project Name/Number Landscape Maintenance- LIVID Areas Project Description Landscape Maintenance and Irrigation Approximate Construction Dates: From 2015 To: Current Agency Name City of Tustin Contact Person Forrest Locke Telephone (714) 573-3357 Original Contract Amount $2,048,246.00Final Contract Amount $ 2,048,246.00 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 and Irrigation Approximate Construction Dates: From 2017 Agency Name City of Monrovia Contact Person Todd Hull To: Current Telephone (626) 253-0013 Original Contract Amount $ 708,991.00Final 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 lama's 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 ignature/Title Terry Noriega, President PR-1 M A R I P O S A L A N D S C A P E S I N C Resume Michael Williams -Area Branch Manager Phone: (626) 647-6238 Email: 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 5 years of work experience with Mariposa Landscapes, Inc. Overall, Michael has over 45 years of work experience conducting and overseeing Landscape Maintenance work for Public Works, Commercial and Residential. With vast experience in all aspects of irrigation design and retrofit, Maintenance and Arbor care • Over 45 years of experience in landscape management, irrigation design and retrofit, maintenance and arbor care. • BS in Ornamental Horticulture, Cal Poly San Luis Obispo • CPR Safety Trained • Qualified Applicator License 133955 • Reclaimed Water Site Supervisor Certified <�19 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 Cof•e Values — Safetlj • Teamzvork • Quality • Integrity City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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 Presirieot 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 f Califomi that the foregoing is true and correct. Mariposa Landscapes, Inc. Bidder Authorized S nature/Title erry Noriega, President Subscribed and sworn to (or affirmed) before me on this day of by prgved- me on the basis of satisfactory evidence to be the person(s) who appeare�efore me. I certify under PENALTY OF PERJUR un-d paragraph is true and correct. [SEAL] �r the laws of the State of California that the foregoing v PR-1 Notary Public My Commission Expires: 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 '� • 9r�:) "2'0?'0 before me, Brandon James Williamson, Notary Public (insert name and title of the officer) personally appeared i , "M'It who proved to me on the basis of satisf�Jry eviden' 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.\' BRANDON DAMES WILLIAMSON Notary Public • California z Los Angeles County Commission /892 235I My Comm. Expires Apr 9, 2025 Signature (Seal) City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 DESIGNATION OF SURETIES Bidder's 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 Alaska National Ins. Co. Address: 6320 Canoga Ave., 12th FI., Woodland Hills, CA 91367 Ph (818) 598-8941 - Insurance PR-1 City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Mariposa Landscapes, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 189 520 532 520 381 505 2,647 Total dollar $8,100,000 $67,335,0 $58,529,00 $50,940,00 $39,620,0 $40,920,0 $265,444,0 Amount of .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 0 6 4 4 4 5 23 No. of lost 0 0 1 1 1 2 5 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. PR-1 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, C31, C61/D49 Title Terry Noriega, President 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 Date Title Signature of bidder 3/22/2024 Terry Noriega, President Date 3/22/2024 -- Title Antonio Valenzuela, Secretary Signature of bidder Date Title Signature of bidder 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 PR-1 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 '� %rO•%O?d before me, Brandon James Williamson, Notary Public 1 (insert name and title of the officer) personally appeared 11� lV�,��(�i� (kak Y �� U*% ti�f Gt4-tut ck who proved to me on the basis of(gatisfactoryjevidence 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. BRANDON JAMES WILLIAMSON WITNESS my hand and official seal. Notary Public - California <r € Los Angeles County Commission " 2354892 °`"0"" My Comm. Expires Apr 19 2025 r Signature -;;�� (Seal) State ®f California s Secretary of State Statement of Information FQ60862 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00, FILE® If this is an amendment, see instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State of the State of California 1. CORPORATE NAME MARIPOSA LANDSCAPES, INC. AUG-25 2017 2. CALIFORNIA CORPORATE NUMBER C 1469653 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 3, If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed in Its entirety. If there has been no change In any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 17. Comple#'eAd'dfe'ss6s for'}dj fiollbViYirig''{'pd'isgt i31i4eevia(e th'e'narrie of fhe city." lteriis 4"and 5 cannot be P.O. Boxes,) 4. STREET ADDRESS OF PRINCIPAL rkE'CUTIVE 6FPICL'7 ` CITY STATE ZIP CODE 6232 SANTOS DIAZ ST, IRWINDALE, CA, 91702 - 5. STREET ADDRESS OF PRINCIPAL BUSINESS dOldE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 6232 SANT05 DIAZ ST, IRWINDALE, CA 91702. 6. MAILING ADDRESS OF CORPORATION. IF DIFFERENTYNAN'1TEM 4 CITY STATE ZIP CODE Namelkand.Complete A'ddfass.es'$f,tfie..0 oRav)(ing.Officers „(,The co'rp.ordflon must 1W.11hese three officers. A comparable title fox the specific officer may,be added;' however, 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 B. SECRETARY ADDRESS CITY STATE , ZIR BODE ANTONIO VALENZUELA 6232 SANTOS DIAZ ST, IRWINDALE, CA 91702 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE THERESA •LLY 6232 SANTOS DIA•Z-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. Attach -additional pages,. If necessary.). 10. NAME ApbRESS CITY STATE ZIP CODE TERRY ,NORIEGA 6232 SANTOS•DIAZ'ST, IRWINDALE, CA 91702 11. 'NAME ADDRESS '" CITY STATE ZIP CODE 12. NAME ADDRESS CITY STATE ZIP CODE 13. NUMBER OF VACANCIES ON THE. BOARD OF DIRECTORS, IF ANY: Agent for Service of Process if the agent is an individual, the agent must reside In California and Item 15 must be completed with a California street address, a P.O. Box address is not accgptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate purSLIant to California Corporations Code section 1505 and Item 15 must be left blank. 14, NAME OF AGENT FOR SERVICE OF PROCESS TERRY NORIEGA 15. STREET'ADDRESS OF AGENT FOR 'SERVICEIQF PRC PES5 IN-CALIFORNIA, IF AN INDIVIDUAr CITY STATE ZIP CODE 6232 SANTOS,DIAZ ST, IRWINGALE,'CA 9 j702: Type of Bpslnes's 16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION LANDSCAPE MAINTENANCE SERVICES 17 BY SUBMITTING THIS STATEMENT•OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUMNG-ANY ATTACHMENTS, iS TRUE AND CORRECT f /, 08/25/2017 BRANDON Y HUANG CONTROLLER Cam/ DATE TYPEIPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI-200 (REV 01/201 3) Page 1 of 1 APPROVED BY SECRETARY OF STATE City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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 None PR-1 City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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 (66) 960-8477 California State Contractor's License No. and Class:592268 Class A, C27, C31, C61/D49 (REQUIRED AT TIME OF AWARD) Original Date Issued:4/19/1990 Expiration Date:04/30/2024 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: Michael Williams - Area Manaaer 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 6232 Santos Diaz St., Irwindale, CA 91702 (626) 960-0196 Antonio Valenzuela, Secretary 6232 Santos Diaz St., Irwindale, CA 91702 (626) 960-0196 Theresa Lu, Chief Financial Officer 6232 Santos Diaz St., Irwindale, CA 91702 (626) 960-0196 Corporation organized under the laws of the State of California 205 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Not Applicable 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. No 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 com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /(NO) PR-1 M A R 1 P 0 L A N D S C A P E S Name Flores v. City of Burbank Hansell V City of Rancho Cucamonga Aronson v. City of Palm Springs Garcia v. Hai M. Acosta v Mariposa Landscapes Inc. J. Rivera v. Mariposa Landscapes Inc. A. Moctezuma v. Mariposa Landscapeslnc. J. rarias v. Mariposa Landscapes Inc. Mabus v. City of Newport Beach Allen v. Mariposa Landscape Milliken v. City of Carona Okeke v. County of Los Angeles Farmers Ins v Mariposa Landscapes Calderon v. Mariposa Landscapes Salmeron v. City of Corona Mariposa Landscapes Inc. Pending and Settled Litigation Claim/Case No. Date court 19STCV02043 January22, 2019 Superior, Los Angeles CIVDS1725721 February 21, 2019 Superior, San Bernardino PSC1902825 April 24, 2019 Superior, Riverside ZOSTCV33096 August 28, 2020 Superior, Los Angeles 56-2021.00549651 January20, 2021 Superior, Ventura 56-2021-00549647 January 20, 2021 Superior, Ventura 56-2021-00549650 January 20, 2021 Superior, Ventura 21PSCV00402 May17,2021 Superior, Los Angeles 30-ZO21-01221557 September 16, 2021 Superior, Orange 21STCV37080 October 7, 20Z1 Superior, Los Angeles CVRlZZ0046 January 6, 20ZZ Superior, Riverside 22STCV10713 May5,2022 Superior, Los Angeles CIVSB2212231 June 13, 2022 Superior, San Bernardino 22STCV19397 June 14, 2022 Superior, Los Angeles CVR12204878 November04,2022 Superior, Riverside S A I N C Status Dismissed GL Dismissed 05-21-20 GL Dismissed GL Dismissed GL Pending Emp Pending Emp Pending Emp Pending Emp Dismissed GL Pending GL Pending GL Dismissed GL Dismissed GL Pending Emp Pending GL 4q'q • • • • • • www.mariposa-ca.com 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, C-61, C-31 Our Core Values — Safety • Teamwork • Quality • Integrity Are any claims or actions unresolved or outstanding? Yes /( 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 On before me, Terry Noriega, President (Print name of Owner or President of Corporation Company) Authorized Sig ature/Title Terry oriega, President President Title 3/22/2024 Date satisfactory evidence to be the person(s) whose names) is/are acknowledged to me that he/she/they executed the same in his by his/her/their signature(s) on the instrument the person(s)—,or,a acted, executed the instrument. , . , U I certify under PENALTY OF PERJ paragraph is true and correct. "r \� WITNESS my hand_nfi(official seal. ry Public in and for said State My Commission Expires: , Notary Public ersonally appeared who prov Ito me on the basis of su�b Gr�o the within instrument and taef/fheir authorized capacity(ies), and that die entity upon behalf of which the person(s) laws of the State of California that the foregoing PR-1 (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 Los Angeles On `Z) before me, Brandon James Williamson, Notary Public (insert name and title of the officer) personally appeared ��kkok who proved to me on the basis of satisfAdory 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. E� �...� BRANDON JAMES WILLIAMSONN ��- Notary Public - California z Los Angeles County > Commission 2354892 My Comm, Expires Apr 19, 2025 Signature (Seal) City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Project Manager within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned 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. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. .m City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 (This is a City Standard On -Call Agreement Template, which includes any and all possible language variations depending on the type of service being requested. Language in grey text should be considered non -applicable or optional. Please also note that generally speaking, the City Attorney's Office and Risk Management will not allow any changes to these standard terms and conditions, including but not limited to, indemnification, hold harmless, insurance requirements, and so forth. The Awarded Contractor will be provided with an approved as to form contract processed by the City Attorney for final signatures and execution) PR-1 City of Newport Beach AS -NEEDED SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES Contract No. 9529-1 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. 9529-1 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: 3/22/2024 Date (626) 960-0196 (626) 960-8477 Bidder's Telephone and Fax Numbers Mariposa Landscapes, Inc. Bidder President Bidder's Autliorized Signat re and Title 592268 Class A, C27, C31, C61/D49 6232 Santos Diaz St., Irwindale, CA 91702 Bidder's License No(s). Bidder's Address and Classification(s) 1000005079 DIR Registration Number Bidder's email address: estimating@mariposa-ca.com City of Newport Beach Page I of 4 AS -NEEDED SPORT 3 RECREATIONAL FIELD LANDSCAPING SERVICES (9529-1), bidding on 04/10/2024 3:00 PM (PDT) Printed 04/1112024 Bid Results Bidder Details Vendor Name Mariposa Landscapes, Inc. Address 6232 Santos Diaz St. Irwindale, California 91706 United States Respondee Joceylin Figueroa Respondee Title Estimator Phone 626-960-0196 Email joceylin.figueroa@mariposa-ca.com Vendor Type MBE, CADIR License # 592268 CADIR 1000005079 Bid Format Electronic Submitted 04/10/202412:51 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 372713 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-9529-1 Mariposa Landscapes Inc.pdf BID SUBMITTAL C-9529-1 Mariposa Landscapes Inc.pdf General Attachment Bid Bond Bid Bond C-9529-1 Mariposa Landscapes Inc.pdf Bid Bond C-9529-1 Mariposa Landscapes Inc.pdf Bid Bond PlanetBids City of Newport Beach AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES (9529-1), bidding on 04/10/2024 3:00 PM (PDT) Page 2 of 4 Printed 04/11/2024 Subcontractors Showing 7 Subcontractor Name & Address Desc All Pro Turf Services Turf Maintenance - 451 W. Valley View Dr. drill and fill Fullerton, California 92835 License Num 899881 CADIR Amount Type 1000005034 $13,300.00 PlanetBids City of Newport Beach Page 3 of 4 AS -NEEDED SPORT 3, RECREATIONAL FIELD LANDSCAPING SERVICES (9529-1), bidding on 04/1012024 3:00 PM (PDT) Printed 04/1112024 Line Items Discount Terms No Discount Item Item Type Item Description UOM QTY Unit Price Line Total Response Comment If Code Section 2 S32,491.75 1 Deep -Tine Aeration - 10 inch solid tines (Per Field = 70,000 Sq. Ft) Sq Ft 70000 S0.00 S0.00 Yes S0.007857/sgft 2 Dethatch/RenovateNacuum Cut (Per Field = 70,000 Sq. Ft) Sq Ft 70000 $0.00 S0.00 Yes S0.048571/sgft 3 Install City -approved Mirlmlchl-brand organic fertilizer product (at 20lbs/1,000 square feet) Sq Ft 70000 $0.00 S0.00 Yes $0.009400/sqft 4 Apply City -approved greens sand and level (at 30 Cubic yards per field) Cubic 30 $33.13 $993.90 Yes Yard 5 Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft) Sq Ft 70000 $0.00 $0.00 Yes $0.007543/sgft 6 Gypsum Application at 25lbs/1,000 square feet (Soil Buster or equal) Sq Ft 70000 $0.00 S0.00 Yes S0.022400/sgft 7 Mow (Reel Blade) Sq Ft 70000 $0.00 S0.00 Yes $0.010143/sgft 8 Mow (Rotary Blade) Sq Ft 70000 $0.00 S0.00 Yes S0.006629/sgft 9 Core aeration and remove plugs Sq Ft 70000 $0.00 $0.00 Yes $0.017729/sgft 10 Fertilize w/ 21-0-0 (or Equal) at 1 lb. of N/1,000 square feet Sq Ft 70000 $0.00 $0.00 Yes $0.012857/sgft 11 Drill and FIII Aeration (up to 12-Inch in depth w/ a City -approved Infill material. Sq Ft 70000 $0.19 S13,300.00 Yes Sand Banding - creating vertical slits In soil up to 8-Inch in depth at 10-Inches between slits, filled with an City -approved Sq Ft 70000 S0.11 $7,700.00 Yes 12 infll material. 13 Replacing Home Plate Each 1 S229.00 $229.00 Yes 14 Replacing Pitchers Plate Each 1 $133.00 $133.00 Yes 15 Replacing Base Anchors Each 1 $175.00 $175.00 Yes 16 Moving soccer goal Each 1 $182.00 $182.00 Yes 17 Add Turface to Baseball or Softball Infield (40 bags per field) Per Field 1 S3,663.00 $3,663.00 Yes 18 Add Brickdust to Baseball or softball Infield Per Field 1 $3,384.00 $3,384.00 Yes 19 Remove existing, Install, and Roll Hybrid Bermuda Sod Barriers (or equal) (Less than 5,000 Sq. Ft.) Sq Ft 1 $3.00 S3.00 Yes 20 Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal) (5,000-20,000 Sq. Ft.) + Sq Ft 1 $2.75 S2.75 Yes 21 Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal) (20,001+ Sq. Ft.) • Per Field 1 S2.50 $2.50 Yes 22 Apply City -approved Seed and top -dress (20 yards approx. per field) Per Yard 1 $1,542.00 $1,542.00 Yes 23 Apply City -approved greens sand and level (less than 10 yards) Per Yard 1 $38.40 $38.40 Yes 24 Apply City -approved greens sand and level (10 yards or greater) Per Yard 1 $35.40 $35.40 Yes 25 Apply City -approved Agulnaga 80-20, Athletic Mix and level (less than 10 yards) Per Yard 1 S38.40 $38.40 Yes 26 Apply Agulnaga 80-20, Athletic Mix and level (10 yards or greater) Per Yard 1 $35.40 $35.40 Yes 27 Provide and Install field closure fencing and metal stakes (green or orange snow fencing material or approved equal) Per 100 1 $810.00 $810.00 Yes Fe 28 Labor rate- Forman Per Hour 1 $60.00 $60.00 Yes 29 Labor rate- Laborer Per Hour 1 $44.00 844.00 Yes 30 Labor rate- Equipment Operator Per Hour 1 $65.00 $65.00 Yes 31 1Ton Dump Truck Per Hour 1 $15.00 $15.00 Yes 32 Tractor/Skid Steer Per Hour 1 S40.00 $40.00 Yes PlanetBids City of Newport Beach AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES (9529-1), bidding on 04110I2024 3:00 PM (PDT) Page 4 of 4 Printed 04111/2024 Line Item Subtotals Section Title Section 2 Grand Total Line Total $32,491.75 $32,491.75 PlanetBids ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH MARIPOSA LANDSCAPES, INC FOR SPORTS & RECREATIONAL FIELD LANDSCAPE SERVICES THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MARIPOSA LANDSCAPES, INC, a California corporation ("Contractor"), whose address is 6232 Santos Diaz St., Irwindale, California 91702, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform on -call maintenance and/or repair services consisting of various tasks related to maintenance and renovation of youth sports fields in the City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on May 13, 2029, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Two Hundred Fifty Thousand Mariposa Landscapes, Inc Page 2 Dollars and 00/100 ($1,250,000.00), without prior written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Michael Williams to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. Mariposa Landscapes, Inc Page 3 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, Mariposa Landscapes, Inc Page 4 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Mariposa Landscapes, Inc Page 5 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as Mariposa Landscapes, Inc Page 6 set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. LABOR AND PREVAILING WAGE REQUIREMENT 16.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 16.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 16.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the agreement shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981, inclusive). 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any Mariposa Landscapes, Inc Page 7 general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 21. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and Mariposa Landscapes, Inc Page 8 activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et 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: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Mariposa Landscapes, Inc Page 9 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Michael Williams Mariposa Landscapes, Inc 6232 Santos Diaz St Irwindale, CA 91702 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Mariposa Landscapes, Inc Page 10 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Mariposa Landscapes, Inc Page 11 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Mariposa Landscapes, Inc Page 12 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:L/emu By: on C. Harp dif y Attorney ATTEST: Date: 6o11. ow By: "Ma- - Leilani I. Brown City Clerk C 0 �RLIFU_�r Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E CITY OF NEWPORT BEACH, a California municipal corporation Date: y By: ��'C:: � Will'O Neill Mayor CONTRACTOR: Mariposa Landscapes, Inc, a California corporation Date: Signed in Counterpart Bv: Terry L Noriega Chief Executive Officer Date: LIM Signed in Counterpart Antonio Valenzuela Secretary [END OF SIGNATURES] Scope of Services Schedule of Billing Rates Insurance Requirements Labor and Materials Payment Bond Faithful Performance Bond 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 ATTORNEY'S OFFICE Date: q /Zq 04 By: A n C. Harp Ci y Attorney cl� ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will'O Neill Mayor CONTRACTOR: Mariposa Landscapes, Inc, a California corporation Date: 4/30/2024 By: By: Leilani I. Brown Terry L Norie a City Clerk Chief Executive Officer Date: 4/30/2024 /' B <1 4= vcr 1. :C Y Antonio Valenzuela Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Mariposa Landscapes, Inc Page 13 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 1I '% On e�� (�' 4 before me, Brandon James Williamson, Notary Public (insert name and title of the officer) personally appeared f i "yo, N,0,196�ly a01f�. a"� 'h, V&li,nI'yok, who proved to me on the basis of satisfabtory 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. C Signatur (Seal) c r BRANDON JAMES WILLIAMSON E Hf Notary Public - California Z s .,�.. Los Angeles County Commission R 2354892 110 My Comm. Expires Apr 19, J02 EXHIBIT A SCOPE OF SERVICES Mariposa Landscapes, Inc Page A-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIFICATIONS AS -NEEDED SPORT & RECREATIONAL FIELD LANDSCAPING SERVICES CONTRACT NO. 9529-1 All work necessary for the completion of this contract shall be done in accordance with these Special Provisions Award and Selection Award of a five-year on -call maintenance agreement shall be awarded to lowest responsible bidder based on the lowest Base Bid amount. Lowest Base Bid amount consists of the items necessary to renovate a standard City sports/recreational field. On -call agreement compensation limits and terms shall be subject to City and City Council discretion and award. Contractor Licensing At the time of bid submittal and until completion of work, the Contractor must possess the following Contractor License: C-27. At the start of work and until completion of work, the Contractor and any/all Subcontractors shall possess a valid Business License issued by the City. Contractor's Experience Bidders must possess a minimum of 10 years of experience doing field renovation work. Bidders with no field renovation experience for an Orange County coastal agency shall be considered non -responsive. Bidders who have not been awarded contracts valued at over $500,000 dollars shall be considered non- responsive. Bidders shall provide three (3) current municipal references, which, when checked, will need a minimum "B grade", or shall be considered non -responsible. Site Locations Bob Henry Park 900 Dover Drive Bonita Canyon Sports Park 1990 Ford Road Bonita Creek Park 3010 La Vida Buffalo Hills Park 1891 Port Provence Place Coastal Peak Park 20403 E Coastal Peak Eastbluff Park 2555 Vista Del Oro Irvine Terrace Park 721 Evita Drive Lincoln School 3101 Pacific View Drive Mariners Park 1300 Irvine Avenue Peninsula Park A St and Ocean Front E San Miguel Park San Miguel Dr and Spyglass Hill Road Sunset Ridge Park 4850 Coast Hwy W Scope of Work • DESCRIPTION OF PROJECT o Contractor shall provide as -needed athletic and recreational field services to address various projects related to maintenance and renovation of youth sports fields. o Furnish all labor, equipment, materials, and supervision to provide athletic and recreational field services on an as -needed basis at various facilities, parks, and worksites located throughout the City. o Services shall include, but not be limited to: ■ Remove and install sod; ■ Aerate/dethatch/verticut field/park areas; ■ Fertilize fields based on City specifications; ■ Mow grass; ■ Dispose of debris ■ Apply City -approved seed and top -dress; and ■ Apply greens sand and athletic mixes, and level areas per City requests. ■ Installation of field closure signage ■ Traffic Control as needed • WORKMANSHIP AND SUPERVISION o The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Services. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. 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. Contractor vehicles shall always contain a "W.A.T.C.H." work area traffic control manual. o The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations, which shall be immediately reported to the Landscape Manager. o The Contractor shall notify the City immediately of any unusual and/or hazardous conditions, including tripping hazards, holes, or other conditions at the various facilities, parks, and worksites located throughout the City where Contractor is performing the Work. • WORKING HOURS o Normal working hours shall be no more than ten (10) hours per day between the hours of 7:00 a.m. and 5:00 p.m. Normal working days are Monday through Friday. Unless otherwise specified in the Scope of Work, no Saturday or Sunday work is to be scheduled without prior verbal permission from the City. No motorized equipment shall be operated before 8:00 a.m. or after 5:00 p.m. • MATERIALS, EQUIPMENT, AND RESPONSIBILITY o The contractor shall utilize, possess, access or otherwise obtain the necessary equipment for the removal of the existing turf, and the installation of Big -Roll sod. Such equipment to include or be equivalent to, but not limited to; ■ GKB Combinator ■ Magnum Big Roll Installer o The contractor shall complete all renovation projects within 30 business days upon approval of proposal. o The contractor shall have the ability to remove and dispose of the grass, level field, and install Big Roll sod within 5 business days of start date. o The Contractor shall supply the following materials: ■ Roll off bins/trucks for sod and grass disposal, 0 Mirimichi-brand fertilizer product, ■ Seed and top -dress, ■ Greens sand, and ■ Athletic mix. o In the event the City exercises the option to purchase the materials, the following conditions will apply: ■ Contractor(s) shall conform to all City practices and procedures. ■ All City purchases will be for the sole expressed use of and for the City. ■ The Contractor(s) shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. ■ All materials and inventories shall be made available to the City upon request. The Contractor(s) will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. o Unless otherwise stated above, Contractor(s) shall be responsible to provide all labor and materials to allow for successful Project completion. ■ The City may choose to reimburse the Contractor(s) for materials that need to be procured. These instances shall be analyzed on a case -by- case basis and reimbursement for materials will need to be agreed upon in the Contractor's letter proposal prior to the commencement of work. Receipts shall be required for reimbursements for materials purchased for projects. City reserves the right to specify what type of material and/or equipment will be purchased per project. All equipment and material purchases shall be preapproved by the Fleet/Facilities Manager, or his/her designee. The contractor shall charge the actual cost of materials to the City plus 5% for overhead costs associated with procurement of materials. 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 70,000 BASE BID Dethatch/RenovateNacuum Cut (Per Field = 70,000 Sq. Ft) Sq Ft 70,000 BASE BID Install City -approved Mirimichi-brand organic fertilizer product (at 20lbs/1,000 square feet) Sq Ft 70,000 BASE BID Apply City -approved greens sand and level (at 30 Cubic yards per Cubic 30 field) Yard Other Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft) Sq Ft 70,000 Work Other Gypsum Application at 25lbs/1,000 square feet (Soil Buster or Sq Ft 70,000 Work equal) Other Mow (Reel Blade) Sq Ft 70,000 Work Other Mow (Rotary Blade) Sq Ft 70,000 Work Other Core aeration and remove plugs Sq Ft 70,000 Work Other Fertilize w/ 21-0-0 (or Equal) at 1 lb. of N/1,000 square feet Sq Ft 70,000 Work Other Drill and Fill Aeration (up to 12-inch in depth w/ a City -approved Sq Ft. 70,000 Work infill material. Other Sand Banding — creating vertical slits in soil up to 8-inch in depth at Sq Ft. 70,000 Work 10-inches between slits, filled with an City -approved infill material. Other Replacing Home Plate Each 1 Work Other Replacing Pitchers Plate Each 1 Work Other Replacing Base Anchors Each 1 Work Other Moving soccer goal Each 1 Work Other Add Turface to Baseball or Softball Infield (40 bags per field) Per Field 1 Work Other Add Brickdust to Baseball or softball Infield Per Field 1 Work Other Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or Sq Ft 1 Work equal) (Less than 5,000 Sq. Ft.) * Other Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or Sq Ft 1 Work equal) (5,000-20,000 Sq. Ft.) * Other Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or Sq Ft 1 Work equal) (20,001+ Sq. Ft.) * Other Apply City -approved Seed and top -dress (20 yards approx. per Per Field 1 Work field) Other Apply City -approved greens sand and level (less than 10 yards) Per Yard 1 Work Other Apply City -approved greens sand and level (10 yards or greater) Per Yard 1 Work Other Apply City -approved Aguinaga 80-20, Athletic Mix and level (less Per Yard 1 Work than 10 yards) Other Apply Aguinaga 80-20, Athletic Mix and level (10 yards or greater) Per Yard 1 Work Other Provide and install field closure fencing and metal stakes (green or Per 100 1 Work orange snow fencing material or approved equal) Feet Other Labor rate- Forman Per Hour 1 Work Other Labor rate- Laborer Per Hour 1 Work Other Labor rate- Equipment Operator Per Hour 1 Work Other 1 Ton Dump Truck Per Hour 1 Work Other Tractor/Skid Steer Per Hour 1 Work EXHIBIT B SCHEDULE OF BILLING RATES Mariposa Landscapes, Inc Page B-1 C-9529-1 Exhibit B - Billing Rates Item Code Description UOM CITY Unit Price Line Total Comment 1 Deep -Tine Aeration - 10 inch solid tines (Per Field = 70,000 Sq. Ft) Sq Ft 70,000 $ 0.007857 $ 549.99 2 Dethatch/RenovateNacuum Cut (Per Field = 70,000 Sq. Ft) Sq Ft 70,000 $ 0.048571 $ 3,399.97 3 Install City -approved Mirimichi-brand organic fertilizer product (at 20lbs/1,000 square feet) Sq Ft 70,000 $ 0.009400 $ 658.00 4 Apply City -approved greens sand and level (at 30 Cubic yards per field) Cubic Yard 30 $ 33.13 $ 993.90 5 Shatter -Tine Aeration (Per Field = 70,000 Sq. Ft) Sq Ft 70,000 $ 0.007543 $ 528.01 6 Gypsum Application at 25lbs/1,000 square feet (Soil Buster or equal) Sq Ft 70,000 $ 0.022400 $ 1,568.00 7 Mow (Reel Blade) Sq Ft 70,000 $ 0.010143 $ 710.01 8 Mow (Rotary Blade) Sq Ft 70,000 $ 0.006629 $ 464.03 9 Core aeration and remove plugs Sq Ft 70,000 $ 0.017729 $ 1,241.03 10 Fertilize w/ 21-0-0 (or Equal) at 1 lb. of N/1,000 square feet Sq Ft 70,000 $ 0.012857 $ 899.99 11 Drill and Fill Aeration (up to 12-inch in depth w/ a City -approved infill material. Sq Ft. 70,000 $ 0.19 $ 13,300.00 12 Sand Banding - creating vertical slits in soil up to 8-inch in depth at 10- inches between slits, filled with an City -approved infill material. Sq Ft. 70,000 $ 0.11 $ 7,700.00 13 Replacing Home Plate Each 1 $ 229.00 $ 229.00 14 Replacing Pitchers Plate Each 1 $ 133.00 $ 133.00 15 Replacing Base Anchors Each 1 $ 175.00 $ 175.00 16 Moving soccer goal Each 1 $ 182.00 $ 182.00 17 Add Turface to Baseball or Softball Infield (40 bags per field) Per Field 1 $ 3,663.00 $ 3,663.00 18 Add Brickdust to Baseball or softball Infield Per Field 1 $ 3,384.00 $ 3,384.00 19 Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal) (Less than 5,000 Sq. Ft.)' Sq Ft 1 $ 3.00 $ 3.00 20 Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal) (5,000-20,000 Sq. Ft.)' Sq Ft 1 $ 2.75 $ 2.75 21 Remove existing, Install, and Roll Hybrid Bermuda Sod Bandera (or equal) (20,001+ Sq. Ft.) ' Sq Ft 1 $ 2.50 $ 2.50 22 Apply City -approved Seed and top -dress (20 yards approx. per field) Per Field 1 $ 1,542.00 $ 1,542.00 23 Apply City -approved greens sand and level (less than 10 yards) Per Yard 1 $ 38.40 $ 38.40 24 Apply City -approved greens sand and level (10 yards or greater) Per Yard 1 $ 35.40 $ 35.40 25 Apply City -approved Aguinaga 80-20, Athletic Mix and level (less than 10 yards)- Per Yard 1 $ 38.40 $ 38.40 26 Apply Aguinaga 80-20, Athletic Mix and level (10 yards or greater) Per Yard 1 $ 35.40 $ 35.40 27 Provide and install field closure fencing and metal stakes (green or orange snow fencing material or approved equal) Per 100 Feet 1 $ 810.00 $ 810.00 28 Labor rate- Forman Per Hour 1 $ 60.00 $ 60.00 29 Labor rate- Laborer Per Hour 1 $ 44.00 $ 44.00 30 Labor rate- Equipment Operator Per Hour 1 $ 65.00 $ 65.00 31 1 Ton Dump Truck Per Hour 1 $ 15.00 $ 15.00 32 Tractor/Skid Steer Per Hour 1 $ 40.00 1 $ 40.00 Grand Total of Line Items and $ 42,510.78 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Mariposa Landscapes, Inc Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of Mariposa Landscapes, Inc Page C-2 written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Mariposa Landscapes, Inc Page C-3 G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Mariposa Landscapes, Inc Page C-4 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to MARIPOSA LANDSCAPES, INC, a California corporation hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of various tasks related to maintenance and renovation of youth sports fields, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Mariposa Landscapes, Inc Page D-1 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 MARIPOSA LANDSCAPES, INC, a California corporation hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of various tasks related to maintenance and renovation of youth sports fields in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ( ) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be Mariposa Landscapes, Inc Page E-1 performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 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 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 I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Mariposa Landscapes, Inc Page E-3 . 2 � ■,° I _,� � � � . � � . . \ � � � \ . I � I : � \ i I I � i �t. 2i.j \ .�. . \ \ _ m « \�\� c § % k k k f 2 rƒ = u o \ ) § $ G ) ) 3 § ) k k k \ \ k u \ \ ) \ k MARIPOSA LANDSCAPES INC. 6232 Santos Diaz, Irwindale CA 91702 Date 05/26/2025 Tel. 626 960-0196, Fax 626 960-8477 - Contractor License No: 592268 proposal No. 102258 Kevin Pekar 100 Civic Center Drive Newport Beach CA 92660 Tel.: 949-644-3010 Ext.: Fax Email: Kpekar@newportbeachea.gov Your Ref. No. Your Ref. No. Date Requested MLI Job No. 71-20006 1 Prepared By: Michael Williams michael.williams@Mariposa-ca.com 626-347-6238 Lincoln School soccer field renovation ! revised 5 28 2025 Soccer field renovation per map attached and based on 40,000 square feet. CONTRACT 9529-1 Exhibit 1 Billing rates attached for reference. 1, Shatter tine aerate 40,000 Sq. Ft. @ 0,007543 = $ 301.72 2. Gypsum application @ 25 # per 1000 sq. ft. X 0.022400 = $ 896.00 3. Fertilize with 21-0- 0 @ 1 #, 70,000 X 0.012857 = $ 514.28 4. Remove existing turf and install big roll " Bandera " sod, 20,000 + @ $ 2.50 per Sq. Ft. X 40,000 = $100,000.00 5. Apply Aguinagua 80-20 mix, 10 yards or more. 30 Cu. Yds X 35.40 Yd. _ $ 885.00 6. Provide and install field closure fencing, eliminated from scope. GRAND TOTAL $ 1C2,596,72 Price............................................................................................. $102,596.72 One Hundred Two Thousand Five Hundred Ninety Six And 721100 US Dollar Terms As allowed by current agreement. Exclusions Ali prevailing wages, design, permits, night and weekend work, any unforseen underground obstacles, and anything not mentioned, Time Project start date is currently days after acceptance. Completion time for this project as specified is working days. Limits Time limit forth cceptance of this proposal Is .............. Michael Williams Mariposa Landscapes Inc. calendar days from the above date. ACCeptanc@jI� (:�' Kevin Pekar " City of Newport Beach ` 12-8 Z Datel Page 1 of t for Proposal No. 102258