Agenda — Desert Hot Springs City Council, June 20, 2023 (part 5 of 6)

a. Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Service Provider agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Services to do the same.

Section 17. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

Section 18. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.

Section 19. INSURANCE DOCUMENTATION
a. Service Provider shall secure from a good and responsible company or companies authorized to do insurance business in the State of California and possessing a Best’s rating of no less than A:VII, the policies of insurance required by this Agreement and furnish to the City certificates of said insurance with original endorsements on or before the commencement of the term of this Agreement. Current certification of insurance shall be kept on file with the City at all times during this Agreement. b. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage by either party (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation or reduction in coverage.
c. All insurance policies required to be provided by Service Provider or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, Item Number: 15.

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maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

Section 20. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either party at any time provided that the respective party provides the other party at least thirty (30) business days written notice of such termination or suspension. b. In the event of a termination of this Agreement under this section, Service Provider shall provide all documents, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the City, within ten (10) calendar days of such termination and without additional charge to the City.

Section 21. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 22. INDEMNIFICATION
a. Service Provider shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection wherein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Service Provider under this section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement.

The hold harmless, indemnification and duty to defend provisions of this section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Service Provider shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Service Provider’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Service Provider’s control, or for which Service Provider is without fault.

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relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Service Provider pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the Service Provider’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider’s representatives, at Service Provider’s successor-in-interest.

Section 24. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Service Provider, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Service Provider for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Service Provider or to any other party. Service Provider shall, at its expense, provide such reports, plans, studies, documents and other writings to the City upon written request.

Item Number: 15.

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b. Service Provider shall not use the City’s insignia or photographs relating to the project for which Service Provider’s services are rendered, or any publicity pertaining to the Service Provider’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 26. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 27. BACKGROUND CHECKS
At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Service Provider’s personnel who perform work required in the Scope of Services, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the Services will be rendered or City Hall. If the City makes a reasonable determination that any of Service Provider’s prospective or then current personnel is deemed objectionable, then the City may notify Service Provider of the same. Service Provider shall not use that personnel to perform work required in the Scope of Services, and if necessary, shall replace worker with a suitable worker.

Section 28. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 29. AMBIGUITIES
This Agreement is in all respects intended by each party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable Item Number: 15.

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rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 30. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Nicholas Haecker
Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x223
Facsimile: 760-288-0639
Email: [email protected]
To Service Provider: Julio Castro
President/Treasurer
Desert Concepts Construction, Inc.
79-775 Ave 40
Indio, CA 92203
Telephone: 760-200-9007
Facsimile: 760-200-9014
Email: [email protected]

b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 31. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Service Provider or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 32. REVIEW BY ATTORNEYS
Each party hereto has had its attorneys review this Agreement and all related documents. Each party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 33. WAIVER
Item Number: 15.

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a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 34. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Service Provider, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Service Provider under this Agreement will be permitted only with the written consent of the City. b. Service Provider shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, the Service Provider shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 35. CARE OF WORK
The performance of services by Service Provider shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Service Provider.

Section 36. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 37. SUCCESSORS, HEIRS AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the parties.

Section 38. SEVERABILITY
Item Number: 15.

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If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 39. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 40. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 41. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party.

Section 42. VENUE
Item Number: 15.

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All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 43. LITIGATION EXPENSES AND ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 44. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, and approved as to form by the City Attorney, and executed by the City Manager or its designee.

Section 45. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 46. LABOR LAWS, PREVAILING WAGES
a. All work or services performed within the State of California pursuant to this Agreement by Service Provider, Service Provider’s employees and independent contractors, or contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Documentation must be promptly submitted to the City at any time, at the request of the City, for the purpose of determining whether or not the work or services provided pursuant to this contract are being provided in compliance with this section. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the Item Number: 15.

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State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive.

Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. Contractor represents and warrants that Contractor is registered with the Department in the manner Item Number: 15.

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prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

Section 47. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 48. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

Item Number: 15.

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[REMAINDER OF PAGE INTENTIONALLY LEFT. BLANK]
Item Number: 15.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS

________________________________
Doria Wilms
Interim City Manager

ATTEST:

________________________________
Jerryl Soriano
City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer Mizrahi
City Attorney
DESERT CONCEPTS CONSTRUCTION, INC.

____________________________________
Julio Castro,
President/Treasurer
Item Number: 15.

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EXHIBIT A
(PROPOSAL WILL BE PLACED HERE WHEN CONTRACT WILL BE SIGNED) Item Number: 15.

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SR-23-149
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 20, 2023
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Award Maintenance Contracts for Zone 2 and Zone 4 Landscape Maintenance Districts and Drainage Assessment Districts RECOMMENDATION:

Authorize the City Manager to award the Landscape Maintenance and Operations Services Contract for Zone 2 - West Desert Hot Springs and Zone 4 - East Desert Hot Springs, to the most qualified bidder Mariposa Landscapes, Inc. and; authorize the City Manager to execute an agreement between Mariposa Landscapes, Inc. and the City of Desert Hot Springs in the amount not to exceed 154,764.00 for Zone 2 and an amount not to exceed $88,848 for Zone 4, for landscaping and lighting, drainage and community facilities districts and other site maintenance.

BACKGROUND:

The City has 29 Landscape Maintenance Districts (LMD) and Drainage Assessment Districts (DAD) for various communities Citywide. Each LMD and DAD is maintained by the City, and funded by each corresponding community. In addition to the LMD's and DAD's, the City also maintains all city facilities, parks, and all street medians.

To create a more efficient and productive landscape maintenance program Citywide, Staff grouped the multiple Landscape Maintenance Districts (LMD) and Drainage Assessment Districts (DAD) into the following four (4) zones:

Zone 1 - Desert View
Zone 2 - West Desert Hot Springs
Zone 3 - Midtown
Zone 4 - East Desert Hot Springs
Geographical locations of the LMDs and DADs determined what districts went to which zones. The development of zones is to encourage new bidders to have a more focused scope of work, and competitive workmanship.

DISCUSSION:

On April 10, 2023, Staff issued a Request for Bid Proposals (RFP) for Landscape Maintenance and Operations services for each of the four zones. The Notice Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations.

Item Number: 16.

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SR-23-149
On April 25, 2023, Staff held a pre-bid meeting where Staff gave expectations of the RFP, the scope of work, and reviewed in detail the selection process and scoring. All questions from the bidders in attendance were answered.

On May 9, 2023, proposals from three bidders were received for each of the four (4) Zones. Staff reviewed and scored each proposal based on the following scoring criteria:
• Contractor’s understanding and expectations of the RFP (20 points). • Contract’s prior experience (20 points).
o Deliverables: Submit references, past projects, past contracts, etc. • Contractor’s onsite staff qualifications (20 points). o Deliverables: Submit staff qualifications, resumes, etc. • Provide a complete staff work schedule (20 points).
o Deliverables: Submit staff schedule per location.
• Responsible cost to fulfill the RFP expectations (20 points).

All scores were tabulated, and the highest scoring and most qualified proposal was selected. After the most qualified bidder was selected, Staff reviewed and compared the total cost of services, and the results were as follows:

ZONE 2 - WEST DESERT HOT SPRINGS

RANKING BIDDER
1 Mariposa Landscapes, Inc.
2 Desert Concepts Construction, Inc.
3 Universal Green, LLC
ZONE 4 - EAST DESERT HOT SPRINGS

RANKING BIDDER
1 Mariposa Landscape, Inc.
2 Desert Concepts Construction, Inc.
3 Universal Green, LLC
After Staff’s review, the most qualified bidder for Zone 2 and Zone 4 was determined to be Mariposa Landscapes, Inc. Staff then reviewed and compared the total costs and found Mariposa Landscapes, Inc.’s costs to be competitive when compared to the others. Staff verified the references submitted by Mariposa Landscapes, Inc. and all references that responded had positive comments.

Staff is recommending that the City Council award the Landscape Maintenance and Operation Services Contract for Zone 2 - West Desert Hot Springs and Zone 4 - East Desert Hot Springs, to the most qualified bidder, Mariposa Landscapes, Inc., and authorize the City Manager to execute an agreement Item Number: 16.

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SR-23-149
between Mariposa Landscapes, Inc. and the City of Desert Hot Springs in an amount not to exceed $154,764.12 for Zone 2 and an amount not to exceed $88,848 for Zone 4, for landscaping, lighting, drainage and community facilities districts and other site maintenance.

The term of the contract shall commence on July 1, 2023 and continue for a term of three (3) years.

The City reserves the option to extend the contract administratively under the same terms and conditions for a maximum of two (2) additional one-year terms at current price levels.

FISCAL IMPACT:

There is enough funding budgeted in each of the Landscape Maintenance Districts and Drainage Assessment Districts for the Fiscal Year 2023-2024 to cover the landscaping costs as proposed in the following funds - Zone 2: 245, 505, 508, 511, 514, 516, 520, 557, 560, 564, 565 and Zone 4: 270, 502, 507, 556.

ATTACHMENTS:
1) Notice Inviting Bids - Zone 2 West Desert Hot Springs - Landscape Maintenance and Operations 2) Notice Inviting Bids - Zone 4 East Desert Hot Springs - Landscape Maintenance and Operations 3) Pre-Bid Meeting Sign In Sheet
4) Zone 2 - Scope of Work
5) Zone 2 Proposal - Mariposa Landscapes
6) Service Provider Agreement - Zone 2 West Desert Hot Springs - Landscape Maintenance and Operations
7) Zone 4 - Scope of Work
8) Zone 4 Proposal - Mariposa Landscapes
9) Service Provider Agreement - Zone 4 East Desert Hot Springs - Landscape Maintenance and Operations
Item Number: 16.

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CITY OF DESERT HOT SPRINGS

NOTICE INVITING SEALED BID PROPOSALS
FOR
ZONE 2 WEST DESERT HOT SPRINGS LANDSCAPE MAINTENANCE AND OPERATION FOR

LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND

OTHER SITE MAINTENANCE
PROJECT #2024-007

IN THE CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bid proposals will be received at the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240, until 2:00 p.m. on Tuesday, May 9, 2023 for the furnishing of all labor and materials and equipment for the subject project.

Public Works Bid: “ZONE 2 WEST DESERT HOT SPRINGS LANDSCAPE MAINTENANCEE FOR

LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND OTHER SITE MAINTENANCE in the City of Desert Hot Springs to be opened at 2:00 p.m. on Tuesday, May 9, 2023 shall appear on the envelope of each sealed bid proposal and each sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240.

Time Schedule:

The following is the City’s tentative schedule for the selection of a Respondent to provide the LANDSCAPE MAINTENANCE AND OPERATION Services.

1. Request for Bid Proposal Dated: April 10, 2023

2. Pre-Bid Meeting: April 25, 2023 from 10:00 a.m. to 12:00 p.m.

3. Deadline for filing RFP: May 9, 2023 by 2:00 p.m.

4. City Council Awards Contract: June 6, 2023

5. Estimate Start Date: July 1, 2023
The bid proposals will be due in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 on Tuesday, May 9, 2023 by 2:00 p.m.

TERM: The term of this Agreement shall be for the period when the Service Provider Agreement is executed and expires at the end of the business day on June 30, 2026. The City reserves the option to extend the contract administratively under the same terms and conditions for a maximum of two (2) additional one-year terms unless either party shall give written notice to the other party of its intention not to renew, by no later than sixty (60) days prior to the expiration of the Agreement term or any extended term.

OBTAINING CONTRACT DOCUMENTS: Specifications for the ZONE 2 WEST DESERT HOT

SPRINGS LANDSAPE MAINTENANCE AND OPERATIONS FOR LANDSCAPING AND LIGHTING, Item Number: 16.

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DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND OTHER SITE MAINTENANCE Project #2024-007 are available to be ordered online at www.planitprintworks.com or by phone at 760-343-3134.

Specifications and contract documents will NOT BE AVAILABLE at City Hall or on the City’s website. Contact Planit Reprographics as indicated above. Questions regarding the plans or specifications should be referred to the Department of Public Works at 760-329- 6411 Extension 225.

The Contractor, hereinafter “the CONTRACTOR”, to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY”, to file with said AGENCY a Faithful Performance and Payment bond each for 100% of the total contract price and Insurance Certificates as outlined in the Draft. Service Provider Agreement included with the proposal requirements.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the among equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the respondent, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Draft. Service Provider Agreement.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of the contract.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Desert Hot Springs, 11999 Palm Drive, Desert Hot Springs, CA 92240 and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov.

A pre-bid meeting is scheduled with the Public Works Department located at 11999 Palm Drive, Desert Hot Springs, CA 92240 on Tuesday, April 25, 2023 from 10:00 a.m. to 12:00 p.m.

The successful CONTRACTOR and its subcontractors will be required to possess State Contractor licenses and business licenses from the City of Desert Hot Springs.

Item Number: 16.

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As provided for in Section 4590 of the California Government Code, the CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure performance under the contract.

The City of Desert Hot Springs reserved the right to reject all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non-responsible. No RESPONDENT may withdraw the Bid Proposal for a period of sixty days after the date of the bid proposal opening.

PUBLISHED April 10, 2023 JERRYL SORIANO, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
760-329-6411
Item Number: 16.

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CITY OF DESERT HOT SPRINGS

NOTICE INVITING SEALED BID PROPOSALS
FOR
ZONE 4 EAST DESERT HOT SPRINGS LANDSCAPE MAINTENANCE AND OPERATION FOR

LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND

OTHER SITE MAINTENANCE
PROJECT #2024-009

Public Works Bid: “ZONE 4 EAST DESERT HOT SPRINGS LANDSCAPE MAINTENANCEE FOR

Time Schedule:

The following is the City’s tentative schedule for the selection of a Respondent to provide the LANDSCAPE MAINTENANCE AND OPERATION Services.

1. Request for Bid Proposal Dated: April 10, 2023

2. Pre-Bid Meeting: April 25, 2023 from 10:00 a.m. to 12:00 p.m.

3. Deadline for filing RFP: May 9, 2023 by 2:00 p.m.

4. City Council Awards Contract: June 6, 2023

5. Estimate Start Date: July 1, 2023
The bid proposals will be due in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 on Tuesday, May 9, 2023 by 2:00 p.m.

OBTAINING CONTRACT DOCUMENTS: Specifications for the ZONE 4 DESERT VIEW

LANDSAPE MAINTENANCE AND OPERATIONS FOR LANDSCAPING AND LIGHTING, Item Number: 16.

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DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND OTHER SITE MAINTENANCE Project #2024-006 are available to be ordered online at www.planitprintworks.com or by phone at 760-343-3134.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

A pre-bid meeting is scheduled with the Public Works Department located at 11999 Palm Drive, Desert Hot Springs, CA 92240 on Tuesday April 25, 2023 from 10:00 a.m. to 12:00 p.m.

The successful CONTRACTOR and its subcontractors will be required to possess State Contractor licenses and business licenses from the City of Desert Hot Springs.

Item Number: 16.

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As provided for in Section 4590 of the California Government Code, the CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure performance under the contract.

PUBLISHED April 10, 2023 JERRYL SORIANO, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
760-329-6411
Item Number: 16.

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Item Number: 16.

LANDSCAPEMAINTENANCEAND OPERATIONFORLANDSCAPINGANDLIGHTING.

DRAINAGEANDCOMMUNITYFACILITIESDISTRICTSANDOTHERSITEMAINTENANCE

SCOPE OF WORK
Scope of work and frequency is identified in EXIBIT4 but focused on; weed removal. chemical weed control, plant replacement, fertilization, hedge pruning/trimming, tree pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing, trash/debris pick-up, clearing walk ways of debris and emergency response to maintain the quality of the City's existing landscaping and standards and specs as more particularly described in the Special Provisionsattached hereto.

LOCATIONOF WORK
ZONE#2 WESTDESERTHOTSPRINGS

1. Skyborne LMD. Northside of Pierson Blvd. east of Skyborne Dr. Approximately 2,375 lineal feet.

2. Skyborne DAD. North of Pierson Blvd.east of Skyborne Dr. Approximately 59,750 sq. ft.

3. Skyborne Fire Station 36 LMD. Southwest Corner of Karen Ave. and Promenade Dr.

Approximately 25,000 sq. ft.

4. Mountain View Estates LMD. Northside and Southside of Silver Star Ave. east of Northgate of Mountain View Estates. Approximately 420 linealfeet. Including approximately l9,000 sq. ft.

5. Rolling HillsEstates LMD. Northside of Mission Lakes Blvd. from Little Morongo Rd. to RollingHillsDr. Approximately 1,500 lineal feet.

6. Rolling HillsEstates DAD. Two locations: I) westside of RollingHillsDr. and MissionLakes Blvd.2) Northside of RollingHillsDr. off MissionLakes Blvd. Approximately 23,000 sq. ft.

7. ElDorado LMD.Southeast of Annandale Ave. continuing to end of cove-a-sac on Blue SkyCir. Approximately 350 lineal feet.

8. ElDorado DAD. Southeast corner at Annandale Ave. and Blue Sky Cir. Approximately 40,000 sq. ft.

9. Sunset Springs LMD.Westside of Sonora Dr.starting at l30 feet north of Salida Del Sol PI. and ending at 160 feet south of Avenida Dorado. Approximately 600 lineal feet.

10. Sunset Springs DAD. Southwest corner of Sonora Dr. and Avenida Dorado; Approximately 23,000 sq. ft.

11. Rancho Del Oro LMD. Northside of MissionLakes Blvdeast of Sonora Dr. and Eastside of Sonora Dr. from MissionLakes Blvd to Avenida Dorado. Approximately 1,300 lineal feet.

Visual location of each area of this zone are attached as EXHIBIT3.

I4
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17 BIDDER'S PROPOSAL

EXHIBIT A
To the Honorable Mayor and City Council of the Desert Hot Springs:

In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract and furnish all labor, materials, equipment and supplies for LANDSCAPE

MAINTENANCE AND OPERATION FOR LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITY FACILITIES DISTRICTS AND OTHER SITE MAINTENANCE in accordance with the specifications in the contract documents which are on file in the office of the Contract Administrator of the City of Desert Hot Springs to the satisfaction and under direction of the Contract Administrator at the following prices:

Zone #2 West Desert Hot Springs
Item No. Description Monthly Annual
1 Skyborne LMD
2 Skyborne DAD
3 Skyborne Fire Station 36 LMD
4 Mountain View Estates LMD
5 Rolling Hills Estates LMD
6 Rolling Hills Estates DAD
7 El Dorado LMD
8 El Dorado DAD
9 Sunset Springs LMD
10 Sunset Springs DAD

11. Rancho Del Oro LMD
TOTALS
☐ We claim the Local Business Preference program of the City of Desert Hot Springs and have included a current Business License from a jurisdiction in the Coachella Valley.
☐ We do not claim the Local Business Preference program for this project. $1,418.59 $17,023.09 $1,032.18 $12,386.20 $1,288.91 $15,466.87 $774.14 $9,289.65 $1,418.59 $17,023.09 $1,032.18 $12,386.20 $1,384.97 $16,619.68 $391.67 $3,500.00 $902.50 $10,829.99 $774.14 $9,289.65 $2,579.14 $30,949.62 $12,897.00 $154,764.00 ✔ Item Number: 16.

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SERVICE PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
MARIPOSA LANDSCAPES, INC.

THIS SERVICE PROVIDER AGREEMENT (hereinafter, “the Agreement”) is made and entered into this 20th day of June, 2023 by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City”, and Mariposa Landscapes, Inc. a California corporation, hereinafter referred to as “Service Provider”.

RECITALS:

WHEREAS, the City desires to enter into an agreement for services related to the work and frequency identified but focused on; mowing, edging, weed removal, chemical weed control, plant replacement, fertilization, hedge pruning/trimming, tree pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing, trash/debris pick-up, clearing walkways of debris and emergency response to maintain the quality of the City’s existing landscaping and standards and specs as more particularly described in the Special Provisions hereinafter referred to as “Services”; and WHEREAS, the City desires to retain the services of a qualified service provider to provide the Services on an independent contractor’s basis.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES, EXTRA WORK
a. Service Provider shall perform the Services specifically described in the Scope of Services, attached hereto and incorporated herein by this reference as Exhibit “A.” In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
b. At any time during the term of this Agreement, the City may request that Service Provider perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of Item Number: 16.

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this Agreement. Service Provider shall not perform, nor be compensated for, Extra Work without written authorization from the City.

Section 3. TERM
Service Provider shall perform those services set forth in the Scope of Services during the term of this Agreement, which shall be effective as of July 1, 2023 and expire June 30, 2026. The City reserves the option to extend the contract administratively under the same terms and conditions for a maximum of two (2) additional one-year terms unless either party shall give written notice to the other party of its intention not to renew, by no later than sixty (60) days prior to the expiration of the Agreement term or any extended term.

Section 4. COMPENSATION
Service Provider shall be paid compensation not to exceed One Hundred FiftyFour Thousand Seven Hundred Sixty-Four and No Cents ($154,764.00) for the services rendered by Service Provider pursuant to this Agreement.

Section 5. METHOD OF PAYMENT
a. Service Provider shall invoice the City, not more often than once a month, for the performance of the services under this Agreement in the amount agreed upon by the parties herein.
b. Service Provider shall be paid the amount specified in the invoice within thirty (30) days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.

Section 6. INDEPENDENT CONTRACTOR’S STATUS
Service Provider shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Section 7. CIVIL CODE SECTION 1542 WAIVER
Service Provider expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Item Number: 16.

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This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Service Provider further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

__________
Initials
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. (6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of the City. b. The City represents and acknowledges the following:
(1) Service Provider is not required to comply with daily instructions from City staff with respect to when, where or how Service Provider must perform the services set forth in this Agreement.

Item Number: 16.

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(2) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Service Provider pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) The Service Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
(7) Service Provider is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall the Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. WARRANTY
Service Provider warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 11. FAMILIARITY WITH WORK
a. By executing this Agreement, Service Provider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

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b. Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Service Provider's risk until written instructions are received from the City Manager or its designee.

Section 12. EQUAL OPPORTUNITY EMPLOYMENT
Service Provider represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Service Provider shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. In the event the City officially determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 14. COMPLIANCE WITH LAWS; LICENSING AND PERMIT

REQUIREMENTS
a. Service Provider shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Service Provider and/or its employees, officers, or board members.
b. Service Provider represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 15. INSURANCE REQUIREMENTS
a. Service Provider shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Service Provider Item Number: 16.

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shall provide insurance on an occurrence, not claims-made basis. Service Provider acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
b. Service Provider shall maintain automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Service Provider arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Service Provider shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Service Provider were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof. c. Service Provider agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Service Provider enters contracts or whom Service Provider hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Service Provider agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. d. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Service Provider agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
e. Service Provider agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Services, Service Provider shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

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b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Service Provider agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Services to do the same.

Section 20. TERMINATION OR SUSPENSION
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a. This Agreement may be terminated or suspended without cause by either party at any time provided that the respective party provides the other party at least thirty (30) business days written notice of such termination or suspension. b. In the event of a termination of this Agreement under this section, Service Provider shall provide all documents, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the City, within ten (10) calendar days of such termination and without additional charge to the City.

Section 21. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 23. BOOKS AND RECORDS
a. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Service Provider pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for Item Number: 16.

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any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the Service Provider’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider’s representatives, at Service Provider’s successor-in-interest.

Section 25. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider. Such materials shall not, without prior written consent of the City, be used by Service Provider for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Service Provider which is otherwise known to Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. b. Service Provider shall not use the City’s insignia or photographs relating to the project for which Service Provider’s services are rendered, or any publicity pertaining to the Service Provider’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

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Section 26. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

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States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Nicholas Haecker
Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x223
Facsimile: 760-288-0639
Email: [email protected]
To Service Provider: Terry Noriega
President
Mariposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
Telephone: 626-206-9055
Facsimile: 626-960-8477
Email: [email protected]

b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

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c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 38. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

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Section 42. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

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Section 45. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

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Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive.

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Section 47. REPRESENTATIONS OF PARTIES AND PERSONS

Section 48. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS

________________________________
Doria Wilms,
Interim City Manager

ATTEST:

________________________________
Jerryl Soriano,
City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer Mizrahi
City Attorney
MARIPOSA LANDSCAPES, INC.

____________________________________
Terry Noriega,
President
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EXHIBIT A
(PROPOSAL WILL BE PLACED HERE WHEN CONTRACT WILL BE SIGNED) Item Number: 16.

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LANDSCAPEMAINTENANCEANDOPERATIONFORLANDSCAPINGAND LIGHTING,

DRAINAGEAND COMMUNITYFACILITIESDISTRICTSAND OTHERSITEMAINTENANCE

SCOPE OF WORK
Scope of work and frequency is identified in EXIBIT4 but focused on: weed removal, chemical weed control, plant replacement, fertilization, hedge pruning/trimming, tree pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing. trash/debris pick-up, clearing walk ways of debris, mowing and mechanical edging and emergency response to maintain the quality of the City's existing landscaping and standards and specs as more particularly described in the Special Provisions attached hereto.

LOCATIONOF WORK
ZONE#4 EASTDESERTHOTSPRINGS

1. Hacienda Heights LMD. Southside on Hacienda Ave starting at McCarger Rd. and ending 510 feet east of Starlight Way. Eastside on Mccarger Rd. starting at Hacienda Ave and ending ll5 feet south of Panorama Dr. Approximately 4,300 lineal feet including approximately 6,000 sq. ft. grass landscaping.

2. Vista Hacienda LMD.Southside on Hacienda Ave starting l0O feet east of Avenida La Vista and ending at McCarger Rd. Westside of McCarger Rd. starting at Hacienda Ave and ending 125 feet south of Panorama Dr. Approximately 2,800 lineal feet.

3. Vista Hacienda DAD. Southwest corner at the end of Panorama Dr. off Mccarger Rd.

Approximately 22,500 sq. ft.

4. Cabot's Museum LMD. 67616 Desert View Ave, Desert Hot Springs, CA 92240.

Approximately 16,500 lineal feet.

Visual location of each area of this zone are attached as EXHIBIT3.

I4
Item Number: 16.

Page 810 of 1000 ends

Landscape Maintenance
Proposal
[Mmm: mmD
I963
Landscape Maintenance and Operation for Zone 4
East Desert Hot Springs Landscaping and Lighting,
Drainage and Community Facilities Districts and Other
Site Maintenance
Project #2024—O09In the City of Desert Hot Springs Due: Tuesday, May 9, 2023 RIPOSA
I N
Item Number: 16.

Page 811 of 1000 ends

May 9, 2023
Cover Letter
City of Desert Hot Springs
11999 Palm Dr, Desert Hot Springs, CA 92240
Attn: Office of City Clerk
RE:Request for Proposal, Landscape Maintenance Operation for Zone 4 East Desert Hot Springs Landscaping and Lighting, Drainage and Community Facilities Districts and Other Site Maintenance Project #2024009 In the City of Desert Hot Springs Mariposa Landscapes, inc. has continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equipment with 750 employees covering all Southern California and Arizona. With over 95 awards for project excellence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients.

We have a complete understanding of the expectations in this request for proposal in the City of Desert Hot Springs. We currently maintain half of the 4 areas out to bid and are more familiar with the requirements and expectations than any other competing contractor.

We value open, honest communication, ongoing staff training, and new methods and technologies that will help us do the bestjob possible. While we always appreciate the accolades we receive, seeing our customers enjoy a well-executed and thriving landscape is still the most rewarding part of our work.

Our motto is engrained in the culture of our company...

We blend Nature and Craftsmanship to Create Ultimate Outdoor Settings and Extremely SatisfiedCustomers.

We would be honored to work for you and beautify your properties to their ultimate potential.

Sincerely,
Terry Noriega - President
Q :

TEL 800 - 794 - 9458 - FAX 626 0 960 - 8477 - www.mariposa—ca.com 6232 SANTOSDlAZ sr., |RWlND/\LE, CA 91702 - CACONTRACTORSLIC6?592268 A, c-27, D-49, C-61, 031 Our Core Values — Safety- Teamwork - Quality - Integrity Item Number: 16.

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Table of contents
Cover Letter
Introduction ........................................................................................................ ..........................
..4
Company Values ................................................................................................... ........................
..5
Proposer Identification ............................................................................................... ..

Prior Experience and Qualifications................................................................................. .............
..8
Staff Experience .................................................................................................... ......................
.. 19
Staff Scheduling & Work Plan ...................................................................................... ...............
..28
Pricing and Costs ................................................................................................... ......................
..36
Attachments ........................................................................................................ ........................
..38
“'1/Ve 5[em{9\fature cznc[Craftsmans?1p
to create u[timate outdoorsettingscmcfextremefy
satis?edcustomers ”
(ES Our Core Values — Safety- Teamwork - Quality - Integrity Page 3 Item Number: 16.

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Introduction
Mariposa is a landscape contractor working in both Southern California and Arizona.

With our staff experience dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance and tree care projects.

Current areas of operation.

Highlights
- Over 45 years in business
0 Contractor's license in two states
- Over 750 employees
- Insured — $1 million workers comp, $10 million in aggregate general liability limit 0 $100 million in bonding capacity
0 Over 95 awards for project excellence
QQ Our Core Values — Safety- Teamwork - Quality - Integrity Page 4 Item Number: 16.

Page 814 of 1000 ends

Company Values
Safety This is the primary foundation of our company. We emphasize ”safety first” on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike.

Teamwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team.

Quality We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients’ investment.

Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall wellbeing of our employees, customers and vendors is important to us.

QQ Our Core Values — Safety- Teamwork - Quality - Integrity Page 5 Item Number: 16.

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Proposer Identification
Legal Name: Mariposa Landscapes, lnc.

Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA91702 Telephone Number: (626)960-0196
Fax Number: (626) 960-8477
Proposal Contact EmailAddress: [email protected] Proposal contact: Alyssa Noriega
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date incorporated: January 26”‘,1981
Licenses & Certificates
Contractors State License: 592268 C27, A, C61/D49,C31
QualifiedApplicators License: 103864 ABCDEFH
Pest Contro/Adviser License: 74416 ABCDEG
Pest Control Business License: 30977
lrwindale Business License: 000538
Supplier Clearinghouse MBE: 94HSOO50
City of LosAngeles MBE: 561730
City of Los Angeles LBE: 37858
LACounty MBE: 89126
LACo. Agricultural Pest Control 1000279
CertifiedArborist: WE—1182A
Minority Business Enterprise
MBECertification, File No. CCA—715Ofor the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156.

Financial Resources
Mariposa has been capable of meeting all financial obligations for over 45 years. A strong balance sheet supports $100 Million bonding capacity.

Green Waste Processing Capability
Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract.

Qg Our Core Values — Safety- Teamwork - Quality - Integrity Page 6 Item Number: 16.

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Office Locations
LosAngeles County
15529 Arrow Highway
lrwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809
Orange County
1107 E. Walnut St
Santa Ana, CA92701
Phone 626 960-0196
Fax 626 960-8477
San Bernardino County
11093 Almond Avenue
Fontana, CA 92335
Phone 909 429-2546
Fax 909 429-2749
RiversideCounty
13333 S. Central Ave
Chino, CA91710
Phone 626 960-0196
Fax 626 960-8477
L.A.— South Bay
1650 w 130"‘St
Gardena, CA 90248
Phone 626 960-0196
Fax 626 960-8477
North L.A.&Ventura
4790 E. Los Angeles Ave.

Somis, CA 93066
Phone (800) 794-9458
Fax 805-386-4140
PalmSprings
78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477
Arizona — Phoenix
3010 s 46"‘Street
Phoenix, AZ85040
Phone 623 463-2200
Fax 623 463-2223
Arizona - Glendale
7677 N. 67“ Avenue
Glendale, AZ85301
Phone 623 463-2200
Fax 623 463-2223
>
(39
Mariposa Landscapes, Inc. — Over 40 years of Excellence! FirstPublicworks Landscape Maintenance
> Project
1952
> First PublicWorks Construction Project
1984
Mariposa Landscape was founded
1977
>
BranchOffice Established inVentura County
2003
Branch Office EstablishedIn Orange
l > County
corporate Location Established in Inivindale 2010
l 1991 ‘ Branch Office Established in
Branch Of?ce Established in the Inland > Palm springs Area > WP"? 2013
1994 Over4O Years
’InBusiness
Established Tree Division > 1957
operation Expanded to Arizona
2001
Our Core Values - Safety- Teamwork - Quality - Integrity 2022
Today

Page 7 ends

Item Number: 16.

Page 817 of 1000 ends

Prior Experience and Qualifications
References
City of Desert Hot Springs Term: 2019—Current
Landscape Maintenance and Operation for LMDand DDfor Zone 1 8: Zone 2 Landscape Maintenance: Weed removal, chemical weed control, plant $188,136 Per Yr. replacement, fertilization, hedge pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing, trash/debrispick»up, clearing walk ways.

Nicholas Haecker, Public Works Mgr. (661)902-9987 [email protected] City of Palm Desert Term: 2021-Current
Landscape Maintenance Area No. 1
Landscape Maint..—Plantlitter and trash control, pest control, plant maint.., tree maint.., turf maint.., planter maint.., hardscape maint.., and irrigation maintenance.

Randy Chavez, Landscape Supervisor
$483,828 Per Yr.
(760)902-9064 [email protected]
Coachella Valley Water District Term: 2019—Current
Landscaping Maintenance Services
Landscape Maintenance: plant litter and trash control, weed/pest control, plant maintenance, tree maintenance, hardscape and decomposed granite planter areas, and irrigation system maintenance.

Mike Munoz, Landscape Supervisor (760)578-6471 [email protected] $476,160 Per Yr.

City of Banning Term: 20222023
Landscape Maintenance
Landscape Maintenance — Turf management, shrub bed maintenance, tree $92,399 Per Yr. care and pruning, fertilization, environmental weed and pest control program, irrigation and operations for various locations.

Ralph Wright, Parks and Recreation (909) 219-0980
Director
[email protected]
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Past Awards and Recognition on SimilarJobs
Year
1977
1979
1982
1983
1987
1987
1988
1988
1988
1988
1989
1989
1989
1990
1990
1990
1991
1991
43%’
Award Description
Most Beautiful Award, FIRSTPLACE,in the category of Large Condominium Complexes, from The City of Arcadia.

Most Beautiful Award, FIRSTPLACE,in the category of Large Condominium Complexes, from the County of LosAngeles.

Beautification Award, FIRST PLACE,in the category of Commercial Maintenance, form the California Landscape Contractors Association.

Los Angeles Home and Garden Show, FIRST PLACE,Best Chapter in Show, Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award, Large Commercial Maintenance for The City of Alhambra project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Public Works Beautification Award, FIRST PLACE,for the City of Rosemead Median Beautification project from the LosAngeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award in Public Works Maintenance for the City of Whittier from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Public Works Installation Award, FIRST PLACE,UCLAVeteran Ave. Monument Sign from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Public Works Maintenance, FIRST PLACE,City of Baldwin Park from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Commercial and Industrial Installation, FIRST PLACE,Jet Propulsion Laboratory Woodbury office building from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Public Works Landscape Installation, FIRST PLACE,Mt. San Antonio College Entry from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Commercial Landscape Installation, FIRST PLACE,Jet Propulsion Laboratory Woodbury office building Courtyard Area from the LosAngeles/San Gabriel Valley chapter ofthe California Landscape Contractors Association.

Large Residential Landscape Maintenance, FIRST PLACE,University of Southern California Presidents Quarters "The Mudd Estate" from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Commercial Irrigation Installation, FIRST PLACE,Pathfinder Road Landscaping - Shea Homes Inc. from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Public Works Landscape Installation, FIRST PLACE,Harvard Ave. Improvements - City of Claremont, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award for Public Works Landscape Installation, Story Park — City of Alhambra from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award for Small Commercial Landscape Installation, Fire Station #31 from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award for Medium Residential Landscape Installation, Mobassally Residence from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Our Core Values — Safety- Teamwork - Quality - Integrity Page 9 Item Number: 16.

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Awards and Recognition (continued)
Year
1991
1992
1992
1992
1993
1994
1995
1995
1995
1995
1995
1996
1996
1996
1997
1998
1999
2000
<39
Award Description
Outstanding Achievement Award for Small Residential Landscape Maintenance, Mobassally Residence from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape installation, FIRST PLACE,Whittier College Performing Arts Center from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Xeriscape, FIRST PLACE,Cal-American Demonstration Gardens from the LosAngeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award for Large Commercial Landscape installation, Westside Pavilion from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Outstanding Achievement Award for Medium Residential Renovation, Brandow Residence from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, FIRST PLACE,Southern California Edison, Loma Street project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Judged best overall receiving the JUDGESAWARD Southern California Edison, Rosemead General Office Complex maintenance from the Pacific Coast chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, FIRST PLACE,Veteran's Memorial Fountain Santa Fe Springs from the Pacific Coast chapter of the California Landscape Contractors Association.

Medium Commercial Landscape Installation, FIRSTPLACE,LincolnOffice Buildingfrom the Pacific Coast chapter of the California Landscape Contractors Association.

Small Commercial Landscape Installation, FIRSTPLACE,236 West Mountain Street from the Pacific Coast chapter of the California Landscape Contractors Association.

Large Commercial Landscape Maintenance, Achievement Award, Southern California Edison, Rosemead General Office Complex from the Statewide Trophy Awards of the California Landscape Contractors Association.

Small Residential Landscape Renovation, FIRSTPLACE,Hunt/WaleckResidence project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Special Landscape Installation — Public Works, FIRST PLACE,Imperial Highway Median Modification — Santa Fe Springs from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, FIRST PLACE,San Gabriel Country Club project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Commercial Landscape Installation, Outstanding Achievement, Knott’s Berry Farm South Parking Lot from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Judged Best Overall in Landscape Installation, JUDGESAWARD, The Trojan Residence Landscape Renovation project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Commercial Landscape Installation, FIRST PLACE,Talmadge V. Burke Xeriscape Garden from the Pacific Coast chapter of the California Landscape Contractors Association.

Xeriscape Residential Landscaping, FIRST PLACE, The Moseley Residence Landscape project from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

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Awards and Recognition (continued)
Year
2001
2001
2001
2002
2002
2002
2002
2002
2002
2003
2004
2004
2004
2004
2004
2004
2004
2005
2005
(39
Award Description
Estate Residential, Outstanding Achievement, The Andrews Residence from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Commercial Renovation, FIRST PLACE,Temple Terrace HOA from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, FIRSTPLACE,”Soak City” — Knott's Berry Farm from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Residential Renovation, Outstanding Achievement, Gino Roncelli Residence from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Residential Landscape Installation, FIRSTPLACE,The Guzman Residence, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Maintenance, FIRST PLACE,City of Ontario Convention Center from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Landscape Renovation, FIRST PLACE,The Gilchrist Residence, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Unlimited Commercial Maintenance, FIRST PLACE,Norton Simon Museum Pasadena, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Commercial Landscape Installation, FIRST PLACE,Armstrong Gardens Pasadena, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Recognition by the City of Claremont for the installationof the entry sign at College Avenue and 1“ Street for Pomona College — Member of Claremont Colleges. The Sign was a replication in design and theme of the college monument built in 1908. EPTLandscape Archtects designed the sign and associated landscape.

Best in all categories, SWEEPSTAKES AWARD, Arcadia Police Station — City of Arcadia, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Special Landscape Installation — Public Works, FIRST PLACE,Arcadia Police Station — City of Arcadia, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Unlimited Commercial Maintenance, FIRSTPLACE,Vantage Pointe HOA, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Project with the best use of color, COLORSCAPESPECIALAWARD, Vantage Pointe HOA, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Residential Renovation, Outstanding Achievement, Young Residence, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, Outstanding Achievement, Pomona College, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Residential Landscape Installation, FIRST PLACE,Castro Residence, from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Best in all Categories, SWEEPSTAKES AWARD, Burbank Department of Water and Power from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Landscape Installation ~ Public Works, FIRSTPLACE,Burbank Department of Water and Power from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

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Awards and Recognition (continued)
Year
2007
2007
2007
2007
2007
2007
2007
2007
2007
2008
2008
2008
2008
2010
2010
2010
2010
(39
Award Description
Landscape Maintenance, FIELDOF THEYEAR, Fountain HillsHigh School, Awarded by: Sports Turf Managers Association of Arizona
Best Overall Commercial Landscape in all entries, HONORS AWARD, Fair Oaks Complex, JLMoseley Co.

Inc. from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Water Conservation Award, California Friendly, Fair Oaks Complex, JL Moseley Co. Inc. Development from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Commercial Landscape, FIRST PLACE,Fair Oaks Complex, JL Moseley Co. Inc. Development from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Maintenance, FIRST PLACE, Fair Oaks Complex, JL Moseley Co. Inc. Property Management from the LosAngeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Small Commercial Landscape, FIRST PLACE,Lincoln Montana Complex, JLMoseley Co. Inc. Property Management from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Maintenance, Outstanding Achievement, Woodbury Complex, JL Moseley Co. Inc.

Property Management from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Medium Commercial Maintenance, Outstanding Achievement, Lincoln Montana Complex, JL Moseley Co. Inc. Property Management from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Unlimited Commercial Maintenance, FIRST PLACE,Vantage Pointe HOA from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Large Commercial Landscape Installation, FIRSTPLACE,Spirit Honda Railroad Underpass from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Commercial/Public Works Landscape Installation, FIRST PLACE,San Marino Public Library from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Best Commercial Landscape, HONORS AWARD, San Marino Public Library from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Best Maintenance Project of any size, PRESIDENT'SAWARD, State College Boulevard Medians from the Los Angeles/San Gabriel Valley chapter of the California Landscape Contractors Association.

Best In AllCategories, SWEEPSTAKES AWARD, Montclair Police Department from the LA/SGChapter of CLCA
Large Commercial Renovation, FIRST PLACE,SCE Gateway Business Center Sustainable Landscape Renovation from the LA/SGChapter of the CLCA
California Friendly Special Award, SPECIALAWARD, SCE Gateway Business Center Sustainable Landscape Renovation from the LA/SGChapter of the CLCA
2010 Environmental Improvements Awards, MERIT AWARD, SCE Gateway Business Center Sustainable Landscape from PLANET,Professional Landcare Network
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Awards and Recognition (continued)
Year
2012
2012
2012
2013
2013
2013
2013
2013
2013
2015
2015
2015
2015
2015
2016
2016
2016
2017
2018
2019
(ES
Award Description
53rd Annual Beautification Awards, BOB MOORE MEMORIAL AWARD, in the category of Best Use of Rockscape, from the San Fernando Valley Chapter CLCA
53rd Annual Beautification Awards, FIRST PLACE,in the category of Large Renovation, from the San Fernando Valley Chapter CLCA
53rd Annual Beautification Awards, SWEEPSTAKES AWARD, Best overall project in both installation and maintenance, from the San Fernando Valley Chapter CLCA
State Trophy Awards, FIRSTPLACE,in the category of Small Commercial/Industrial Installation, 540 West Woodbury Road, from California Landscape Contractors Association State Trophy Awards, FIRST PLACE,in the category of Landscape Renovation, LincolnProperty Company, from California Landscape Contractors Association 54th Annual Beautification Awards, FIRST PLACE,in the category of Large Commercial/Industrial Renovation Project, The Lincoln Property, from the San Fernando Valley Chapter CLCA 54th Annual Beautification Awards, FIRST PLACE,in the category of Small Commercial/Industrial Renovation Project, J.L Mosely Company Inc., from the San Fernando Valley Chapter CLCA 54th Annual Beautification Awards, FIRST PLACE,in the category of Small Commercial/Industrial, 540 West Woodbury Rd.,from the San Fernando Valley Chapter CLCA 54th Annual Beautification Awards, FIRST PLACE,in the category of Renovation, 2012 Renovation Project, from the San Fernando Valley Chapter CLCA
Landscape Beautification, HONORSAWARD, in the category of Best Commercial Landscape Installation, SCE Irvine Operations Center, from the LA/SGchapter of CLCA Landscape Beautification, Award Winner, in the category of Large Commercial Landscape Installation, SCE Ontario Service Center, from the LA/SGchapter of CLCA Landscape Beautification, Outstanding Achievement, in the category of Commercial Landscape Renovation, SCE Eric Substation, from the LA/SGchapter of CLCA Landscape Beautification, Award Winner, in the category of Medium Commercial Landscape Installation, SCE Eric Substation, from the LA/SGchapter of CLCA Landscape Beautification, Award Winner, in the category of Contractor Design/Build over $30,000, SCE EricSubstation, from the LA/SGchapter of CLCA
State Trophy Awards, Outstanding Achievement, in the category of Xeriscape, SCE Ontario Service Center, California Landscape Contractors Association
State Trophy Awards, FIRST PLACE,in the category of Condos/Townhouses/Apartments, for the Chadwick Apartments, California Landscape Contractors Association Annual Beautification Awards, FIRST PLACE, in the category of Landscape Renovation, SCE Moorpark Substation, from the LA/SGchapter of CLCA
Annual Beautification Awards, FIRST PLACE, in the category of Landscape Renovation, SCE Moorpark Substation, from the San Fernando Valley chapter of CLCA Landscape Beautification, Outstanding Achievement, in the category of Landscape Maintenance Public Works, Sunset Ridge Park Newport Beach, from the Orange County chapter of CLCA Landscape Beautification, JUDGES AWARD, in the category of Best Landscape Maintenance Overall, The Langham Hotel, from the LA/SGchapter of CLCA
Our Core Values — Safety - Teamwork- Quality - Integrity Page 13 Item Number: 16.

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Awards and Recognition (continued)
Year Award Description
2019 Landscape Beautification, FIRST PLACE,in the category of Residential Technical Displacement — Tree Division, Walsh Residence, from the LA/SGchapter of CLCA Landscape Beautification, Outstanding Achievement, in the category of Landscape Renovation, Brea Senior Center, from the LA/SGchapter of CLCA
2019
Sample f our Work
‘
Our Core Values — Safety- Teamwork - Quality - Integrity Page 14 Item Number: 16.

Page 824 of 1000 ends

Our Services
Landscape Maintenance
Private, Commercial, PublicWorks and Homeowner
Associations
Large Scale Mowing Operations
Comprehensive irrigation Planning & Management.

Environmentally Friendly Integrated Pest Management.

Year-round Fertilization Application.

Baseball Field Prep and Athletic Turf Maintenance.

Porter Services and Color Design.

Parking Lot Sweeping
Tree Care
On-site Diagnosis and Tree Work Recommendations
Consultative Services with Certified Arborists.

Development of Long-term Tree Care Programs.

Large-scale Tree Trimming Removal.

Diagnosis/Treatment of Tree Diseases and Pest Problems.

Stump Grinding and Disposalof Trimmings.

GISTree mapping and asset management
Certified Workers & Comprehensive Insurance Coverage.

Landscape Construction
Site Preparation, Demolition, Grading and Drainage.

Irrigation Systems Installation, Repairs & Upgrades.

Computerized Irrigation Central Control Systems.

Irrigation Pump Installation.

Native Plant Restoration and Habitat Rehabilitation.

Park construction and Athletic Field installations.

Tree, Shrub, & Ground-cover planting.

Hardscope Construction
Concrete Poured-in-Place, Stamped and Seat Walls.

Flagstone, Tile, Masonry and BlockWalls.

Drainage and Overhead Construction.

Water Feature Pond Installation & Repair.

Monuments and Signage.

Low Voltage Lighting Design and Installation.
(39 Our Core Values — Safety- Teamwork - Quality - Integrity Page 15 Item Number: 16.

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WATERCONSERVATION
Our performance backs our promises
Maintain an attractive landscape with less water.

Our Certified technicians can evaluate your irrigation and provide practical recommendations.

We offer weather—driven irrigation controllers and drought—tolerant landscape conversions. Our computerized tracking system allow us to quickly diagnose and fix problems, saving you water and money.

DESIGNll\/|PLEl\/lENTAT|N
Bringing your vision to life
We partner with you to achieve a common goal success.

From simple to complex projects, we coordinate our vast array of services to create the project you envision.

Award-winning craftsmanship, in depth knowledge and
high standards of professionalism are applied to every
level of work.
(SQ Our Core Values 4 Safety- Teamwork - Quality - Integrity H Thank you for helping
us get through the
drought. Your staff
worked hard to meet
our water reduction
goals while keeping our
sites aesthetically
pleasing.”
-CITYOF GLENDALE

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Item Number: 16.

Page 826 of 1000 ends

Overview of AdditionalTree Care Services
The tree care services of Mariposa Landscapes are set apart from the competition by providing comprehensive consulting services in addition to expert tree care. Our ability to provide such excellent service is due to our crews of highlytrained, safety—oriented, certified arborists and tree workers. Our staff receives the latest training in arboriculture methods, techniques, and software systems.

Our specialized consulting services include the following: Urban Forest Management Planning, Tree Evaluations, Inventory Management, RiskAssessments, Hazard Reports, Tree Appraisals, and Insect and Disease Control Recommendations.
'
V ,.“M.-
Tree Division Accreditation
Mariposa Landscapes received accreditation from the Tree Care Industry Association (TCIA)in 2012, becoming one of the few accredited tree care companies in California. This accreditation involves a thorough audit process of procedures in the following ten areas:

1. Consumer Satisfaction
Industry Standards
Arborist Certification
. Insurance Coverage

10. Work Estimates and Specification

2. Best Business Practices

3. Business Ethics

4. Employee Training

5. Safety

6. Quality

7. 8.
9 CONFIDENCE
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Tree Asset Management
Mariposa Landscapes leverages the latest urban forestry management technology and software. "Tree Plotter" allows us to manage all ofour client’s information and property details in one easy—to—access location.

The software program creates and manages tree inventories, conducts statistical analysis and provides reports for our clients. Each client receives their own personal user account login, which provides visibility into their inventory, reports, and maps of their trees.

CLIENT TREE INVENTORY
C London plane 29.4%
0 Chinese elm l6.9%
0 Mexican fan palm 15.3%
0 Camphor tree 7.6%
0 Coastal live oak 6.7%
0 Red Iron bark 5.2%
O Slump only 5.0%
O Jacaranda 4.8%
0 Douglas ?r 4.7%
I Redwood 4.5%
The Tree Plotter software also allows us to create work orders, assign them to Mariposa‘s arborist crew leaders, and maintain an updated work history for a specific client inventory. This delivers maximum transparency for both contractor and client, providing easy access to all aspects of inventory, from creation to billing.

The Tree Plotter inventory management program provides Mariposa’s Tree Division with the ability to create and manage an internal roster of clients and their information. The client information table allows us to enter company names, project manager or point of contact information, property addresses, phone numbers, email addresses, and billing information. Whether our clients have a single property, or multiple locations to inventory, we can create a "Client Site" profile for each one. This allows us to manage the inventories, work orders, and billing for each property separately.

This asset mapping capability can also extend to Irrigation Assets! ?g Our Core Values — Safety- Teamwork - Quality - Integrity Page 18 Item Number: 16.

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Staff Experience
Corporate Organization & Experience — Management
President
Terry Noriega
Finance Human Resources Sales Corporate Resources Operations Controller HRManager VP Sales 8: Marketing Manager VP Operations Theresa Lu Brandon Huang Larry Rudd Saul Ruiz Antonio Valenzuela Maintenance
Division Manager
LuisValenzuela
Management Staff Experience
Terry Noriega — President
- 45+ years of experience in landscape installation and maintenance - B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona - California Contractors Licenses: Q27, A, C61/D49and C-31 0 Pest Control Advisor in 6 Categories
- Qualified Pest Control Applicator in 7 Categories
0 Certi?ed Landscape Technician in Ornamental and Turf Maintenance 0 ISACertified Arborist WE-1182A
- Arizona Contractor's License: ROC178088 K-21
0 Arizona Qualifying Party License: 8263
0 Arizona Pest Control Business License: 8246
‘
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Antonio Valenzuela—VPOperations
0 Over 30 years of experience in landscape maintenance and irrigation troubleshooting
0 Pest Control Qualified Applicator in 3 Categories
I Certi?ed Landscape Technician in Ornamental and Turf Maintenance 0 Certified Landscape Professional
0 Backflow Certification in Los Angeles County
0 Landscape Water Auditor: Cal Poly SL0
- Past affiliation — Certified Playground Inspector
Larry Rudd- V.P. of Sales and Marketing
0 45 years in landscape installation and maintenance
0 B.S. in Business Management, University of Phoenix
- Certi?ed Landscape Technician: AllCategories
0 Watersense Certified
0 Arizona Certified Landscape Professional
0 American Green Zone Alliance — Electric Equipment
0 CPR Safety Trained
- Associate instructor Cal Poly Pomona, Cal State Fullerton AlexDelValle — RiskControl Manager
0 Over 13 years of experience working in the safety industry 0 Certified OSHA 30
- Certified AHACPR and First Aid
- Certified Forklift Instructor
Roberto DelValle — Safety Coordinator
- Over 16 years of experience working in the safety industry 0 Certified OSHA 8, 10, 16, and 30
- Certified AHACPR and First Aid Instructor
- Certified Forklift Instructor
0 Certified Claims Adjuster
‘
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Dennis Jones —Tree Care Regional Division Manager
- Over 20 years of experience in Arbor Care
- BSDegree in Urban Forestry, Cal Poly San Luis Obispo
- International Society of ArboricultureCertified Arborist WE-5700A 0 ISAQualified Tree RiskAssessment
0 TClA Certified Tree Safety Professional 843
- Qualified Applicator License — 108771, Categories B, C & F 0 Wildlife Protector Certification
- Notary Public
LuisValenzuela — Landscape Maintenance DivisionManager
- Over 25 years of experience in landscape and construction operations 0 Qualified Applicator License, Category B
o Certi?ed Landscape Technician, Irrigation
0 ISA Certified Arborist WE-8713A
0 Certification — Effective Business Leadership & Development — PDC/GCC MichaelWilliams- Area Manager
0 Over 45 years of experience in landscape management, irrigation design and retrofit, maintenance and arbor care.
0 BS in Ornamental Horticulture, Cal Poly San LuisObispo 0 CPR Safety Trained
0 Qualified Applicator License 133955
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Roberto Perez — Area Manager
0 Over 25 years of experience in landscape maintenance
- Graduate of the Pacific Southwest Maintenance Management School 0 MSACIrrigation Design and Plant IDCertificate
- Leadership Academy Certificate, Cal Poly Pomona
- Calsense 3000 Certified
0 Qualified Applicator License — In Process
0 Cal State Fullerton Water Auditor— In Process
Tony Valenzuela - Area Manager
0 Over 12 years of experience in landscape management
- Harvard Management Essentials Certified — Harvard Business School 0 Qualified Applicator Certificate, Category B, C
- Pesticide IPM and Safety Schools Act trained
- Certified Landscape Technician, Exterior Maintenance
0 Certified Landscape Manager, Exterior Maintenance
0 EPAWatersense — Qualified Water Efficient Landscape
- SDCWASan Diego — Recycled Water Site Supervisor Certified - Irvine Ranch Water District Water Management Certified 0 CIRT — Certified Irrigation Water Auditor
- CIRT—Certified Irrigation Installer
0 CIRT — Certified Irrigation Repair Technician
a Past affiliation — Certified Playground Inspector
Andres Perez — Bermuda Dunes Account Manager
- Over 25 years of experience in the landscape industry ' Qualified Applicator License, Category B
- Certified Landscape Technician, Irrigation
- Certificate — Irrigation Design
0 Certificate — Irrigation Troubleshooting
0 CVAG Overseeding Certificate
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Maintenance Division Organization & Experience
DIVISIONManager
LUISValenzuela
I I ‘I
Area Manager Area Manager Area Manager
Irwintlale Santa Ana Fontana
Tony Valenzuela Michael Williams Roberto Perez
Irrigation Dept —— Extra Work Crew Irrigation Dept -- Estra Work Crew Irrignt on Dept — Extra Work Crew Account Manager Account Manager Account Manager
Crews Crews Crews
Account rvianager Account Manager Account Manager
Crews Crews Crews
Account Manager Account Manger Account Manager
Crews Crews Crews 1.

Maintenance Operations Staff Experience
IrvingGallegos — Account Manager
0 15 years of experience in the landscape industry
0 AA Degree in Business Management, Saddleback College
- Horticulture and Landscape Design Certificate, Saddleback College 0 Qualified Applicator License, Category B
- California Friendly Landscape Training Program
0 Safe Working Zone Training
- CPRSafety Trained
- Forklift Operator Certification
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Jose Sanabria —Account Manager
- 20 years of experience in the landscape industry
- Qualified Applicator License, Category B
0 Landscape Industry Certified Technician
Juan De LaTorre —Account Manager
0 Over 25 years of experience in the landscape industry - Qualified Applicator License, Categow B
- Certi?ed Landscape Technician, Irrigation
- Pest Control Dealer Designated Agent
0 Irrigation Certificate — Rainbird
Jesus Ramirez — Account Manager
- Over 25 years of experience in the landscape industry 0 Qualified Applicator License, Category B
0 Certi?ed Landscape Technician, Ornamental and Turf Maintenance - Certificate — Irrigation Design
0 Certificate — Irrigation Troubleshooting
- CVAG Overseeding Certificate
Enrique Figueroa —Account Manager
0 26 years of experience in the landscape industry
- Qualified Applicator License,Category B,C
0 Certified Landscape Technician, Ornamental and Turf Maintenance 0 OSHA Construction Safety and Health Certified
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DirkBennett —— Account Manager
10 years of experience in the Residential/HOAlandscape maintenance and construction
Qualified Applicator License, Category B
10 years of Herbicide/Pesticideapplication experience
3 years of experience in large scale commercial landscape maintenance and operations
Miguel Medina — Account Manager
Over 12 years of experience in the landscape industry
Business Essentials Certificate — Harvard Business Online Certi?ed Landscape Technician, Ornamental Horticulture
Qualified Applicator License — in progress
Dax Lopez — Account Manager
Over 6 years of experience in the landscape industry
AADegree in Business Management, Mt. San Antonio College Qualified Applicator License — in progress
DavidGoicochea —Account Manager
0 (39
15 years of experience in the landscape industry
OSHAcertified in Construction Safety and Health Qualification/Certification HiltiQualified Operator of Powder—ActuatedTools
NABTUApprenticeship Readiness Program
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Organization Memberships & Staff Certifications
We are dedicated to having the best»trained workforce in the industry. As members of the California Landscape Contractors Association, we participate in the training programs offered by this industry organization. The CLCA originally created a rigorous ”hands—on”test administered under actual field conditions. With only a 20% first time pass rate, only the best workers are able to obtain the designation of CLTor Certified Landscape Technician. Many of the managers and supervisors in our company have the CLTdesignation. No other contractor of our size and diversity in Southern California has achieved this many certifications.

Organizations, current and past memberships: / Lg?ggggf A CACM(California Association of Community Managers) Contractors I\ American
Subcontractors
Association
CAIOrange County (Community Association Institute)
V
iCAILos Angeles (Community Associations Institute)
CAIGreater Inland Empire (Community Association Institute) CAICoachella Valley (Community Association Institute)
ASA(American Subcontractors Association)
BIASouthern California (Building Industry Association)
BIAOrange County (Building Industry Association)
BOMAIE(BuildingOwners and Managers Association)
CLCA(California Landscape Contractors Association)
ISA (International Society of Arboriculture)
CAPCA(California Association of Pest Control Advisors)
Association
Iusmsss unmu communit
Licensing and Certifications
0 California Contractor License 592268 C27, A, D49/C61,C31 Certified Arborists on staff
Certified Tree Workers on staff
Tree Work — Line Clearance Certified
Tree Work — Line Clearance Certified Instructor
Certified Playground Equipment Inspectors
Certified Water Auditor
Certified BackflowInspectors
Licensed Pest Control Company/Pest Control Advisor
Certified Pest Control Applicators on staff
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Employee Training — CLT(Certified Landscape Technician) The Certified Landscape Technician Test is one of the most rigorous and difficult tests to pass in any industry. It's a hands-on, timed field test that involves multiple disciplines and skillsrequired in landscape work. There are three certifications that can be obtained from this test: Certified Landscape Technician of Landscape, Maintenance and Irrigation. Each category has specific test modules, however there is a core of 13 modules that every category applicant must pass. And passing isn't easy, with an 8% to 10% first time pass rate this is an extremely difficult test.

Fortunately, applicants are allowed to retake portions of the test they didn't pass on the first try. This brings up the passing rate to 20%. Many people try to take this test and give up because it's so demanding. Following is a brief description of the test stations; each test istimed and monitored by a strict and experienced judge. Tests take place once every six months:

Core Elements
Every applicant must take these 13 elements of the test.

1.02 — First Aidand Safety

1.03 — Plan Reading

1.05 - Plant Identification

1.06 — Sod Installation

1.07 — Work Orders and Reports

1.08 — Program Controller

1.09 — Irrigation Identification

1.10 - Lateral Repair and Head Adjustment

1.11 - Truck & Trailer

1.12 — Tree Planting and Staking/Guying 1.14 — Chainsaw Landscape Maintenance SpecificTest Items
Allof these test modules must be passed by those who hold the CLT—Maintenancedesignation.

3.01 — Written General Comprehension

3.02 — Pruning

3.03 - 21" Mower

3.04 —— Intermediate Wa|k~Behind Mower

3.05 - Aerator

3.06 — Edger & Trimmer

3.07 - Riding Mower

3.08 — Pesticides

3.09 - Fertilizer

3.10 — Power Blower
Irrigation Speci?c Test Items
Allof these test modules must be passed by those who hold the CLT—|rrigation designation.

4.01 - Irrigation General Comprehension

4.02 - Irrigation Plan Reading

4.03 — Lateral Installation
404 - Mainline Installation
405 — Valve Repair

4.06 - Valve Wiring

4.07 — Pipe Installation Equipment (Riding Trencher)
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Staff Scheduling & Work Plan
It is our intention to perform this contract per the City of Desert Hot Springs requirements as indicated in the proposal documents. Our proposal includes an outstanding level of labor, materials, and equipment to sustain a high level of landscape maintenance throughout the term of this contract.

We are confident that the amount of manpower that we proposed is the ideal amount to deliver the highest level of service for the city. In addition to that, a separate tree crew will be maintaining all the trees at on—goingbasis.

Work hours willbe Monday to Friday from 6 am to 2.30 pm or per approved by the City's representative.

Our account managers will conduct a weekly meeting with the city representative to inspect and discuss tasks for the following week as well as any issues that may arise during the contract period, if requested. During this meeting we willsubmit a brief report and schedule for the city representative to review and approve.

Our crew willstart in the morning to conduct the assigned tasks for the day. We understand that areas of maintenance are in the high traffic areas. Our crew will be extra careful with safety measures and the noise level generated by equipment. Mariposa willcreate schedule with the aim to provide service during low traffic period. The goal here is to reduce contact with the residence to promote safe environment.

Traffic control will be performed per guidelines of traffic control standard watch manual.

Sites will be visited per schedule outlined in the provided RFP. Alltasks will be completed per the frequency and scheduled time.

Methodology and Work Plan
To show our understanding of the work, the following are the key tasks that Mariposa is proposing for the City.

Mowing and edging
o Mowing task will be performed every week with a ride on mower and a push behind mower. o Turf Edge will be edge with a specialized equipment that cuts into the soil to create crisp and neat edge.
0 Our crew will start mowing operation in the morning when traffic is low. We will finish the work before the end of the day.
0 Fertilization will be conducted by our crew.

Shrubs maintenance
0 Plants will be pruned to provide natural appearance.
0 Any encroachment will be trimmed to promote safety and aesthetics. Thistask will be conducted all year round.
0 All plant materials will be pruned in cycles.

Weed / Pest Control
0 Manual weed control along with chemicals will be utilized for this contract. ‘SQ Our Core Values — Safety- Teamwork - Quality - Integrity Page 28 Item Number: 16.

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0 Allchemical weed control will be performed by a licensed holder or under supervision of a QAC/QALholder.
- A pest control recommendation is available to the city from our in-house PCA license holder if necessary.
irrigation
We understand that Irrigation is very critical in landscape maintenance. Therefore, Mariposa is proposing an irrigation technician to perform visual and physical checks. - 1 irrigator technician will be performing inspections, cleaning, and maintenance. 0 Extra irrigator will be provided, if needed, to maintain the irrigation system at the highest quality. 0 Report will be submitted to City of Desert Hot Springs when requested.

Routine Maintenance
0 Litter control will be conducted daily, according to the scope of work provided. 0 Hardscape/ decomposed granite debris control will be performed per frequency.

Tree maintenance
0 Tree maintenance will be provided at on-going basis.
- Allsafety clearance and removing sprouts will be done by our crew. 0 Major pruning will be done by a separate tree crew who specialized in tree trimming.

City of Desert Hot Springs Zone 4 East Desert Hot Springs Landscaping and Lighting, Drainage and Community Facilities Districts and Other Site Maintenance Project #2024—009 In the City of Desert Hot Springs Tentative Schedule
Location Periodic Tasks- Preliminary Weekly Schedule
Sun Mon Tue Wed Thu Fri Sat
Hacienda Heights LMD
Vista Hacienda LMD
Vista Hacienda DAD
Cubor's Museum LMD
‘ALLLOCATIONSDaily Task{s) willbe performed M-F
Please Note: The above schedule is tentative and is subject to change or modifications. Finalschedu|e(s) will be submitted upon award of the contract to the city for review and approval. ?g Our Core Values — Safety- Teamworko Quality - Integrity Page 29 Item Number: 16.

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Item Number: 16.

Key Staffing
RobertoAgui|era-Account Manager
14 years‘ experience in the Landscape Maintenance
Internal Company Certification Landscape Irrigation Troubleshooting Certificate — Coachella Valley Water Management Seminar Certificate of completion on Reclaim Water Management
5 years’ experience using Calsense and Rain Bird
Certified Landscape Technician: Ornamental Maintenance
Roberto will be responsible for carrying out daily tasks and weekly schedules as well as ensuring that the work crews are doing the same. He will be responsible for documenting and communicating work reports and hazardous conditions. He will be in constant communication with our local area manager Roberto has been employed with Mariposa Landscapes since 2007. He has over 12 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. He brings forth a vast experience in all aspects of irrigation: maintaining and troubleshooting as well as landscape maintenance.

Roberto is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk—troughsto ensure that punch lists are completed and institutes improvements to enhance the quality of work Below is our tentative team organization for City of Desert Hot Springs. Roberto will be part of our management team. We will have several crews expertise in specific tasks/work.

Number PersonneI/Category Tasks Personnel
1 Account Manager Management Roberto Aguilera
1-2 Crew 1 {Lead Gardener) Routine Work TBD
1-2 Crew 1 (Gardener) Routine Work TBD
1-2 Crew 1 {DriverGardener) Routine Work TBD
. , , , Irrigation checks and 1-2 Irrigation technician reports TBD
1-3 Tree Crew Tree Trimming TBD
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Quality Control Program
We perform internal quality control on our work to free up our contract monitor so that he or she will have a reduced work load. This creates a positive environment for everyone involved and enhances our client relationships.

Our main philosophy behind quality control is summed up in one statement "Plan your work and work your plan." Therefore, the work isto be planned and monitored in the following ways:

Annual Work Schedule
Here is a sample schedule. A final schedule will be provided upon start of work.

JANUARY FEBRUARY MAROI APFIIL MAY lll?f JULY AUGUST MDEH DCIDBER OVDWBER DECEMB? Week Week Week Week Week Week Week Week Week Week Week Week I1)::211412341111121Ax21l12:lx23Alzzllzslxzslxzsd
/H77 Ym1AIeas ‘WW5
unzrUantml AI/Area unerRe cement kr Vim Mawrn 51 x r Ed In 5 Demlln 52Xyear Bluwi 51 X r Swee In 52 X ear Bloadlea fanlml ZX DI
Pre-eme en! a llearlan 3 x H! Ferlllizalionx zxyear
‘
y , Aemllun zx ear
Pest Mnnilunn Man! l
I" arian stemlns nianx week! MI
Frequendes
JANUMV FEERUAIIY Muial APRIL MAY JUNE lUlV Ausurr EDrEMam ocmasn WEMAER DEEEMBER Week Week Week Week Week Week Week Week Week Week Week Week 1234zzzaxzza12:41:34x2:1:zznzzxnxzztxzsczzsazxaa
Shrubs & G.CAreas
HedgeTllmmlng 5 x or _ _ GImn4—£‘uvers ‘l'rimIm'm1 s x I I GIaund»Cavers saying 2 xyear ShrubPriming Bxyeal
Deadheudlnv& deaning A1Needed Weed cannot Manuvy
Fenlllzatlans 2Xyear
Pre-enlelgenr???lkillion 5 Xyeor Mulching Ilelreashing Mamhly AnnualColor 4 Xyeav Premium Calal 1 xyear I+
Remnvula/DeadPlants As Needed
"
Trees &Shrub: Salary Elearance Manlhly
irrigation system Inspection; Weeldy
Ital
Frequencies
l
l
4 T
JANUARY FEERUARY MARCH APAIL MAY JUNE JULV AUGUST EFTEMBERDCTOEER OVEMBERDECEMBEII Week Week Week Week Week Week week Week Week wngk went Week i23412341:34:1341zscxzsxizsaxzsni2:41::axzza1z:4
Hardsmpes
sa rylru‘ rtlanandk anln Wee Blawi Wee Weed Control A: Needed J V _l_, Within 30 days of award of the contract we willsubmit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the client representative. The schedule will designate the areas included with the sen/ice level and general tasks completed for that month. Any revisions to this schedule will be submitted to the client representative for approval. A review of this schedule will be made at monthly meetings to evaluate success.
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Monthly Work Schedules
The Mariposa Account Manager willsubmit Monthly Work Schedules describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/fertilizers will be accomplished. Other work will include the removing and/orreplacing of landscape materials within the scope of this Contract. The work may include landscape renovations of rights-of—way,medians, retention areas and/or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports.

Irrigation Reports
The Irrigation Technician willcreate the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope.

Account Manager/Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.

The frequency of these evaluations and number of work items evaluated can van/ based on the work scope. Please see the sample form provided.

Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it's quick and easy to fill out. The client representative will have confidence that we will keep 1 I our promises because they are documented. Our goal is ’Promises made are gromises kegt.’ Please see the sample form provided.
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Work Quality Evaluation Form
Mariposa Landscapes, Inc.

SITEINSPECTIONEVALUATIONFORM
Inspection Date: Job:

Mariposa Account Manager Job Number:

Client Representative
Please give a rating of 1-1 unacceptable and 10 being perfect)

ML CR ML CR
1- TURF
A Colorof turf acceptable A Free of trash/debris
B Turftexture, no thin/bareareas B Free of weeds in cracks C Free of trash/debris C Standing water
D Irrigation leaks visible D Safety issues reported
E overorunderwaterine
F Dry spots A Controllers working

2. GROUND COVER/SHRUB AREAS B Controllers programmed properly A Free of trash/debris C Schedules submitted/updated
8 Free of weeds D Valves working properly
C Mulch evenly distributed E Valves lea king
D Irrigation leaks visible F Backf|ow(sl on
E Groundcover trimming G Backflow(s) Leaking
H Meter readings (ifin scope) up-to—date
A Health/vigor I Water usage analysis up-to-date
B Trimmed per scheduled cycle
C Pruned correctly for species A System has power
D Walkway shrub clearance B Timer/photocell working
E Walkway tree clearance C Bulbsworking
F Disease & insects controlled D Fixtures clean
G Irrigation leaks visible E Fixtures broken
H Over or under watering F Fixtures aimed properly
I Trees staked pronerlv
A Power/workinaoronerlv
A Annualflowers healthy B Leaks
B Bed/Potsfree of trash/debris C Cleaned of debris at inlets C No missing annual color plants
D Disease & insects controlled A Dog mess cleaned up
E irrigation leaks visible B Dog stations replenished
F Over or underwatering C Trash cans dumped & new liners D Plaveuuivmentdean
A Free of trash/debris E Ramadas/picnic tables/BBQSclean B Weeds managed/controlled F Response time on call-outs C Erosion areas repaired G General safety issues reported Only enter ratings for items that are applicable to this project (blank = Not Applicable at this time) ML CR
OVERALL RATING: Per the above individual ratings, pleas provide an overall rating from 1 to 10 Mariposa Account Manager Signature/Date (ML) Client Representative Signature/Date (CL) Qq Our Core Values — Safety~ Teamwork- Quality - Integrity Page 34 Item Number: 16.

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Action Items Form
Mariposa Landscapes, Inc.

ACCOUNTMANAGER INSPECTIONACTIONITEMS
Job:

Today's Date: Job Number:

Resolution
ACTIONITEMS Date

10. Mariposa Account Manager Signature/Date Ciient Representative Signature/Date ‘SQ Our Core Values — Safety- Teamwork ~ Quality - Integrity Page 35 Item Number: 16.

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Extra Work Pricing Process
At times, work above and beyond the contract scope becomes necessary. Our process to take care of this is:
0 Straight Forward — Simple pricing and approval process ahead of time - Transparent — The Customer sees what was purchased by us 0 Honest —Thehours and material estimated are what is used, nothing exceeds the approved estimate 0 With No Surprises — Billingeither matches or is less than what was quoted on the proposal When a customer desires additional work or an emergency arises, there must be some mechanism to quickly communicate and agree upon the cost. Many times, situations arise where it is difficult to come up with a cost ahead of time. We solve that issue with the following 4 step process:

1. Work is identified and a ”Not—to»exceed” proposal is created 2 Customer receives the proposal and approves the work

3. Work proceeds, labor is tracked, and receipts are copied 4 BillingNEVERexceeds the original proposal. it is either equal to or less than the original proposal If an issue is uncovered that changes the
M A,.ll, ‘l,
* -
l’
‘
(l 5 A P"°F’95al scope ofthe original estimate, the i
' ‘ Namsmei Fnulgfnlruoe
I _ . Trnldiomnguumisbidaltuecall?omaDeganmceno?hduzuulklaxianzaali?mgmximzbn i.i.am.um ‘ proposal is revised and resubmitted for PROIECIINFORMATIOM . . (Emil/Pmject: Sw\?e(.hu\IFru';::Hl.11rt: 935 I: 22g_5f_g approval ltYplCallVWlth attached lab Mm’/::SIm?=)aI llanc-Hlgahdn Renal: 9511: 759101: and a explanation). Work kill Addres: I23 l'alxISI.val.AlIy\vdial:,CASN0l l7_i
7 _
I
I I _
Jab Desolation: ma 3:adasaiulian ahhawuvkniavded nu:dacriulian will luv: erlnugh munnnsui. In mm WI ll not proceed Untilthere IS client when eudiylhallafkixla be dGlE,Vlhl|EXa3E donemd when ilw?lhecumciclzd. nge Theirilulnulun h?aw 3 an u1L‘rnale mammun he asumvd by the nmnma umin axial;;?‘KlYLn 5 Q ‘Mal in D-seed‘ nhdng pvnuusal. 'lhemlo7e, hm! nsmgwn he 1:: um.-i ur equal In Dxisn1a;uxe:l;rid:g. lABOR
Lhssiiuliun umum Mnurly?atc -mm Haul: YDhLl_ N usldxnvel rrigxum uham ‘ x: 55591 Re; 7 _ _ _ _ 7 3%
undsauellrrignim ‘lendff
' Sinrfui 7;;
_ si: no
LwIdx=:|€°uu.1Y.ivg Lny'rI2l‘V 2n:mn $105.17 Re; $0.00
Sen'urTte¢ 1.‘-mu znman $53.14 Reg" " ' V V ' ’" W13
he; Tnmmc umxm 554,114 Re;
" ‘
" sum ___
Tta=Gvuund:uunun zm/:o:x 554134 Re;
_
7 _ SE22: Lzidxclne Mamtmmce ulmler zrzzam 325.50 R: sum ‘ ' LJ:Id:cu:M:iIl:ns|:z am luau 531.50 Re:___ V‘ such a
Lmdscue Malilerxxice hiulvon Irdnixian ,
- 515.00
*7
_ 7
’”
._
lzlrbane?ilmnlmxuce San)‘ Icthvuciin $51.50 m,,,,,,,,E,,, _ wor k does not excee d beau-Inizn orcquiumem used NauvlvCOS!
t
, , wha you originally
MATERIAIISUBS/OYHER _i.i,....a.....»......i I‘-In-‘OmanIan! 3 pproved .

Dlxrinian of mania. SubI1I'DItIer(nervIIn.duIv. cu.) Quuanlilv um unit can ljalxm um ~v:\4= i 1.00 EA $,9.j!m _ NElion M1?‘\’:NeBol.£$ 5 V 103 EA $17.03
7 masonmu - mix: wart: ma L5 szsm
‘routs Mnaiilitlhslnmc ‘lalzl
Notmupan him‘, «the: chili nuldlana alnulemh. DE! 76%| S zoom equiumml lenl.:h.:ulxanl.u:1ur immxcex.um Ixizu. Iqubmml ‘Ian! 5 mnnuuimmeu mmlh? hing uwazu. mam-u/suwama man s 159: Muhp on Maktidlsubslbthu You] 5
you No1<‘lo<[nx:d mggggl cg: s The sample proposal to the left would s""'"""“ ‘“"'"" be something irrigation related where
multiple valves would need to be
M:!neulPm:tm:I um: uanurcummexnanrumg nan: rgp|aced because of an auto accident YnkolPm?a1cr Tndedcusxuvrluilanm?ng Q Our Core Values — Safety- Teamwork - Quality - Integrity Page 37 Item Number: 16.

Page 846 of 1000 ends

Attachments
Officialforms.
(5% Our Core Values — Safety- Teamwork - Quality - Integrity Page 38 Item Number: 16.

Page 847 of 1000 ends

BIDDERSPROPOSAL

FORTHELANDSCAPEMAINTENANCEANDOPERATIONFORLANDSCAPINGAND

LIGHTING,DRAINAGEAND COMMUNITYFACILITIESDISTRICTANDOTHERSITE MAINTENANCEINTHECITYOF DESERTHOTSPRINGS, CALIFORNIA.

I II 05/04/2023
To the City Council of the
City of Desert Hot Springs:

The undersigned hereby declares:
0)
lb)
(0')
lel
(fl
That the only persons or parties interested in this proposal as principals are the following: —
(Ifthe bidder is a corporation, give the name of the corporation and the name of itspresident, secretary, treasurer, and manager. Ifa co—partnership, give the name, under which the co-partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract isto be drawn.)
That this bid proposal ismade without collusion with any person, firmor corporation.

That bidder has carefully examined the location of the proposed work and has become familiar with all the physical and climatic conditions and makes this bid proposal solely upon this knowledge.

That by submitting this Bidder's Proposal, bidder acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs at the address furnished by bidder to the City of Desert Hot Springs when this bid proposal form was obtained.

That bidder has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to bidder as aforesaid, and makes this bid proposal in accordance therewith.

That, ifthis bid proposal is accepted, bidder willenter into a written contract for the performance of the proposed work with the City of Desert Hot Springs.

I5
Item Number: 16.

Page 848 of 1000 ends

(g) That bidder proposes to enter into such contract and to accept in full payment for the work done hereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certified or cashier's check or bidder‘s bond, payable to the order of the City of Desert Hot Springs in the sum of 10% of bid amount DOLLARS ($ 10% of bid amount ]. said
bidder‘s bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fall within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder‘s bond.

Bidder Information
Name Mariposa Landscapes, Inc.

Contractor's License 592268
Address 6232 Santos Diaz St.

City, State, Zip Code lnNinda|e, CA 91702
Telephone (626)960-0196
E—Mai| Address estimaling@mariposa—ca.com
‘ghhrk/1 /(Al 05/04/2023
Signature Terry Noriega,lPresident I DCITG
16 Item Number: 16.

Page 849 of 1000 ends

B|DDER'S PROPOSAL

EXHIBITA
To The Honoroble Moyor ond City Council of The Desert HoTSprings:

In complionce with the Notice Inviting Sedled Bids, The undersigned hereby ogrees To enter into CI controct ond furnish oll lobor, moteriols, equipment ond supplies for LANDSCAPE

MAINTENANCE AND OPERATION FOR LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITYFACILITIESDISTRICTSAND OTHERSITEMAINTENANCEin occordonce with The specificotions in The controct documents which ore on file in The office of The Controct Administrotor of The City of Desert Hot Springs To The sdtisfoction ond under direction of The Contract Administrator of The following prices:

Zone #4 East Desert Hot Springs
Item No. Description Monthly Annual
I Hociendo Heights LMD $2,954.00 $35,448.00
2 Visto Hociendo LMD $1,871.00 $22,452.00
3 Vista Hociendo DAD $250.00 $3,000.00
4 CoboT's Museum LMD $2,329.00 $27,948.00
TOTALS $7,404.00 $88,848.00
M We cloim The Locol Business Preference progrom of the City of Desert Hot Springs ond hove included 0 current Business License from o jurisdiction in The Coochello Volley.

We do not cloim The Locol Business Preference program for Thisproject.

Bidder's Proposol respectfully submitted:

Nome Mariposa Landscapes, Inc.

Address 6232 Santos Diaz ST.

City, slate, Zip code lrvvindale, CA 91702
Telephone (626) 960-0196
E—Mc1i|Address estimating@mariposa—ca.com
05/04/2023
Signature Terry Noriega, President Dofe
l7
Item Number: 16.

Page 850 of 1000 ends

OSA
We claim the Local Business Preference program of the City of Desert Hot Springs. Please see current Business License below.
r

CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
1001 I STREET
SACRAMENTO.CALIFORNIA95814
ISSUED: January 01.2012 Pest Control Business - Branch
EXPIRES: December 31, 2023 LICENSE
LICENSENO.41360
invalid irmsuuncc andlcrqunli?oqpct-su1(s)lnpsikbcrcrc c\'pl1IliovIaim.

MailingAddress “Business Localiun
MARJPOSA LANDSCAPES, INC.
‘
‘
‘
’ 1; >~ -MARIPOSALANDSCAPES,INC.
6232SANTOSDMZ ST .
‘ 1_I ‘78355 DARBYRD
IRWINDALE,CA 91702 ~‘ ‘ BERMUDA DU'N'ES,CA 92203
POSTTHIS LICENSEl’l{0.\lll‘lE.\’I'L\' INPUBLICVIEW
‘l'liiS LICENSEIS NOTTR.-\NSl-'F.)lABl.F. — ANYCHANGEIN0\VNF.RSHLl’l{F.QUlRl-ISANEW‘IJCENSE Q TEL 800 - 794 - 9458 - FAX 626 - 960 - 8477 - wwwmariposa-ca.com 5232 SANTOSon/xz ST., lRW|NDALE, CA 91702 - CA CONTRACTORSuc ll 592268 A, C27, D49, 061, C31 Our Core Values — Safety- Teamwork - Quality - Integrity Item Number: 16.

Page 851 of 1000 ends

SUBCONTRACTORLIST
In complionce with the provisions of the Public Controct Code Section 4102, the undersigned bidder herewith sets forth the nome ond location of the ploce of business of eoch subcontroctor who will perform work or lobor or render service to the General Contractor in or obout the construction of the work or improvement in on amount in excess of one—holf(1/2) of one percent (1%) of the General Contractor's totol bid, ond the portion of the work which willbe done by eoch subcontroctor.

Name Under which Desert Sunshine Tree & Palm Service
Sub-Contrdctor is
Licensed ‘
Address of Office or
82295 Avenue 50
Millshop
Alltree trimming shall be performed in consistency with the current and applicable lntemational Society of Arboriculture (ISA)guidelines, the American National Standards Institute (ANSI)standards to promote proper form, strength, health, and appearance consistent with the intended use Speci?c Description of
Sub-Contract Work
and Portionof the
Work
Nome Under Which
Sub-Contrdctor is
Licensed
License Number
Address of Office or
Millshop
City, State. Zip Code
Speci?c Description of
Sub-Controct Work
ond Portion of the
Work
Item Number: 16.

Page 852 of 1000 ends

Nome Under Which
Sub—Confrdcforis
Licensed
License Number
Address of Office or
Millshop
Cify, Sfdfe, Zip Code
Specific Descripfion of
Sub—Con’rrocfWork
and Porfion of the
Work
Nome Under Which
Sub—Confrocfor is
Licensed
License Number
Address of Office or
Millshop
Cify, Sfofe, Zip Code
Specific Descripfion of
Sub—Confrdcf Work
ond Portion of the
Work
19 Item Number: 16.

Page 853 of 1000 ends

Ndme Under Which
Sub—Contrdctor is
Licensed
License Number
Address of Office or
Millshop
City, State, Zip Code
Specific Description of
Sub-Controct Work
ond Portion of the
Work
Nome Under Which
Sub—Controctor is
Licensed
License Number
Address of Office or
Millshop
City, Stote, Zip Code
Specific Description of
Sub—Contrdct Work
dnd Portion of the
Work
Ifthe bidder foils to specify o subcontractor for any portion of the work, the bidder dgrees to perform the work with the its own crews. (Alternative subcontractors for the some work are prohibited by provisions of the Colifomid Government Code.) Mariposa Landscapes, Inc. 05/04/2023
Bidder Ndme(s)
\ Ddte
Signoture Te”Y)V°ri€9aSiél'1Cl‘f,UFe Antonio Valenzuela, Secretary 20 Item Number: 16.

Page 854 of 1000 ends

CONTRACTOR’SINDUSTRIALSAFETYRECORD
9 2024-008
it 05/09/2023
Thisinformation must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which Contractor would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ’
9 269
No. ofContracts
T
9 0 0 . $38 850 0 $40 920 $39 620 $50 940 0 $58 529 0 $31 110 0 Total dollar amount of contracts (In ’ ' ' ' ’ ’ ' ’ ’ ’ ’ ’ Thousands of $) 00.00 000.00 000.00 00.00 00.00 00.00 No. of fatalities
4 No. of lost workday cases
-
No.oflost workday cases involving
p;5;ej¢r=jrdenr:n¢i¢raon
Bid. Dwe
Calendar ears Priorto Current Year. V,
Current
Year
381 520 532 328
permanent transferto another job
termination ofem lo ment
No. of lost workdays*
*The information required for these items isthe same as required for columns 3 to 6, Code l0, Occupation Injuries, Summary — Occupational Injuries and Illnesses, OSEA No. 102. 4 1
48 201
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 these records.
21 Item Number: 16.

Page 855 of 1000 ends

Ndme of Bidder Mariposa Landscapes, Inc.

Con’rrcic’ror‘sLicense
& Classification 592268, Class A, C27, C31, C61/D49
Address 6232 Santos Diaz St.

Ciiy, State, Zip Code In/vindale, CA 91702
Telephone (626) 960-0196
E-MdilAddress estimating@mariposa—ca.com
?swi
Signature Terry Noriegb. President
0: v
22 05/04/2023
Date
Item Number: 16.

Page 856 of 1000 ends

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDERhas performed similar work within the past two years.

Reference #1
Name of Owner City of Palm Desert
Address 73-510 Fred Waring Dr.

City, State, Zip Code Palm Desert, CA 92260
Telephone of Person
Familiarwith Project
Telephone (760) 902-9064
E—Mai| Address rchavez@cityofpalmdesertorg
Name and Randy Chavez
(760) 902-9064
Contract Amount $483,828.00
Type of Work Landscape Maintenance and Irrigation
Date Completed Current
Reference #2
Name of Owner Coachella Valley Water District
Address 51501 Tyler St.

City, State, Zip Code Coachella, CA 92236
Telephone of Person
Familiar with Project
Telephone (760) 578-6471
E—MCJi|Address [email protected]
Name Ond Mike Munoz
(760) 578-6471
Contract Amount $476,160.00
Type of Work Landscape Maintenance
Date Completed Current
23 Item Number: 16.

Page 857 of 1000 ends

Reference #3
Ndme of Owner City of Banning
Address 789 N. San Gorgonio
City. Stdte, Zip Code Banning, CA 92220
Telephone (909) 219-0980
E—MCIll Address n/[email protected]
Nome and Ralph Wright
Telephone of Person (909) 219-0980
Familiar with Project
Contrclct Amount $92,398.92
Type of Work Landscape Maintenance
Date Completed Current
The following are the ndmes, clddresses, dnd telephone numbers for dll brokers dnd suretles from who BIDDERintends to procure insurance bonds:

Brokers and Sureties #1
Name of Owner The Hartford
Address One Hartford Plaza
City, State, Zip Code Hartford, CT 06155
Telephone 1-888-266-3488
E-MollAddress [email protected]
Brokers and Sureties #2
Nome of Owner Bolton & Co.

Address 3475 E Foothill Blvd.

City, State, Zip Code Pasadena, CA 91107
Telephone (626) 789-7000
E-MdilAddress [email protected]
24 Item Number: 16.

Page 858 of 1000 ends

Brokers and Sure?es #3
Name of Owner N/A
Address
Cify,St<:1Te. Zip Code
Telephone
E—Mdi1Address
Brokers and Sure?es #4
Name of Owner N/A
Address
Ci’ry,S1‘d1‘e,Zip Code
Telephone
E—MdilAddress
25 Item Number: 16.

Page 859 of 1000 ends

EXHIBITB

CERTIFICATEOF EXEMPTION
FROM WORKERS‘COMPENSATIONINSURANCE
I certify that, in the performance of the work to be performed by Mariposa Landscapes. |nC-
, for the City of Desert Hot Springs, I shall not
employ any person in any manner so as to become subject to the workers’ compensation laws of California and agree that if I should become subject to the workers’ Compensation provisions of the California Labor Code, I shall forthwith comply with those provisions.

Terry Noriega, President 05/08/2023
Name
‘ Date
M \tvUi,u(,4Q
Signature \ V
45 Item Number: 16.

Page 860 of 1000 ends

AFFIDAVITFORCO-PARTNERSHIPFIRM

STATEOF CALIFORNIA )

COUNTYOF N/A )
. being first duly sworn.
deposes and says:

That Contractor is a member of the co-partnership firm designated as which isthe party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding: and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for itselfor for any other person.

That Contractor has been and is duly vested with authority to make and sign instruments for the co—partnership by
who constitute the other members of the co—partnership.

N/A
Signature
Subscribed and sworn (affirmed)
to before me this
day of .2023
Signature of Officer Administering Oath
(NOTARY PUBLIC)
46 Item Number: 16.

Page 861 of 1000 ends

AFFIDAVITFOR CORPORATION BIDDER

STATEOF CALIFORNIA )
lss
COUNTYOF Los Angeles ]
Terry Noriega , being first duly sworn,
deposes and says:

That Contractor is President of
Mariposa Landscapes, Inc.
a corporation which is the party making the foregoing bid proposal: that such bid proposal is genuine and not collusive or sham; that sold bidder has not colluded, conspired, connivecl or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for itself or for any other person.

Subscribed and sworn (affirmed)
to before me this {
day of
R
if
, 2023
Signature of Officer Administering Oath
(NOTARY EUBLIC}
47 Item Number: 16.

Page 862 of 1000 ends

CALIFORNIA NOTARIAL CERTIFICATE
(JURAT)
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 ofthat document.

State of California
County of Los Angeies
Subscribed and sworn to (or affirmed) before me on this Bl" day of May , 20 23 , by Terry Noriega , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

JENNIFERmo
NotaryPublic- California 2
1 LosAngelesCounty i
< Commissionit 2389124 ‘
Signature . (Seal) "~v- * MyComm.Expires Jan 2. 2026
Copyright © 2018 NotaryAcknow|edgement.com. All Rights Reserved Item Number: 16.

Page 863 of 1000 ends

AFFIDAVITFORINDIVIDUALBIDDER

STATEOF CALIFORNIA )
COUNTYor N/A )
, being first duly sworn,
deposes and says:

That Contractor is the party making the foregoing bid proposal: that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for itself or for any other person.

N/A
Signature
Subscribed and sworn (affirmed)
to before me this
day of , 2023
Signature of Officer Administering Oath
(NOTARYPUBLIC)
48 Item Number: 16.

Page 864 of 1000 ends

AFFIDAVITFORJOINTVENTURE

STATEOF CALIFORNIA )
)ss

COUNTYOF N/A )
,
being first duly sworn,
deposes and says:

That Contractor is N/A of
one of the parties submitting the foregoing bid proposal as a joint venture and that Contractor has been and isduly vested with the authority to make and sign instruments for and on behalf of the parties making said bid proposal who are:
that such bid proposal is genuine and not collusive or sham: that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for itself or for any other person.

N/A
Signature
Subscribed and sworn (af?rmed)
to before me this
day of , 2023
Signature of Officer Administering Oath
(NOTARY PUBLIC)
49 Item Number: 16.

Page 865 of 1000 ends

BlDDER'SBOND

KNOW ALLMEN BYTHESEPRESENT,THATWE
Marigosa Landscapes, Inc.

Hereinafter referred to as "Contractor" as PRINCIPAL, and Hartford Fire Insurance Company
as SURETY,are held and firmly bound unto the CITYOF DESERTHOTSPRINGS hereinafter “City" in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITYor its certain attorney, its successors and assigns: for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $ (10%2*i-
*1'it*t*itit'k*ti*?tt*?**I"k*'l"k***i“k*&tt'A'i"k*i'k*I'**t'kt'k*i'i'i'***? . THECONDITION OF THISOBLIGATIONISSUCH,
That whereas the principal has submitted the above—mentioned bid to the City of Desert Hot Springs for certain construction specifically described as follows, for which bids are to be opened at Desert Hot Springs City Hallon May 9, 2023, ZONE4 DESERTVIEWLANDSCAPE

MAINTENANCE AND OPERATION FOR LANDSCAPING AND LIGHTING, DRAINAGE AND COMMUNITYFACILITIESDISTRICTSAND OTHERSITEMAINTENANCE, in the City of Desert Hot Springs.

NOW THEREFORE,ifthe aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and files the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required bylaw, then this obligation shall be null and void; otherwise it shall remain in fullforce and effect. In the event suit is brought upon this bond by the obligee and judgment isrecovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. 52 Item Number: 16.

Page 866 of 1000 ends

B|DDER'S BOND
INWITNESSWHEREOF, we have hereunlo sel our hands and seals on (his 4th of Mav , 2023
Mariposa Landscapes Inc. (seal)
‘X773’?Q/'\l\’lES DMZ (seal)
l\‘wn\c\ll\(; CH‘ClllU2 (seal)
. \
‘awn(Mwecl/1(Seal)
’(;¢(\yJl\‘m\9l(,\7l{m‘d;\L{‘ PRINCIPAL
(seal
Hanford Fire "’/77‘;lnsurance..Co K§77’L (seal)
MARYSMlTl7,/ tdrney»ln-Fact . SURETY
One Poinle Drive emFloor Brea CA 92821 (seal)

ADDRESS
NOTE: Signatures of (hose execuling for (he surely musl be Properly acknowledged. 52 Item Number: 16.

Page 867 of 1000 ends

Item Number: 16.

Page 868 of 1000 ends

_ Signer Is Representing:

CALIFORNIA ALI.-PURPOSE ACKNOWLEDGMENT CIVILCODE § 118
«Ex-., .-. .4
».\e/a:<-:\<4—?\:.a¢ta:.a\ ‘?‘\vl.'-\\.1\(!s‘\\’.'.\\‘.€\€(R . .4». . .

A notary public or other officercompleting this certificate verifiesonly the identity of the individual who signed the document to whichthis certificate is attached, and not the truthfulness, accuracy,or validityof that document.

State of California )
County of Los Angeles )
on May 4_ 2023 before me’ Emily Preciado, Notary Public V Date Here Insert Name and Title of the Of?cer
personally appeared , ,, Mart’Smith
Name(?of Signerw
1 who proved to me on the basis of satisfactory evidence to be the person(s)' whose name(9fis/,ar€ subscribed to the within instrument and acknowledged to me that Jae’/she/thef executed the same in ,b»i»s7herLtl-re‘ll’ authorized capacity?es)‘,and that by bis’/her/tbe'lFsignature(aY on the instrument the person(s-)’, or the entity upon behalf of which the personts)acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

EMILYPREOIADO
COMMISSION#2328011 WITNESSmy hand and officialseal.

Notary Public- California E . LOSANGELESCOUNTY9
~ MY°:m‘::':2§:“"°* signature 5”
Si na ure of Notary Public
P/ace Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of th fraudulent reattachment of this form to an unintended docume Description of Attached Document
Title or Type of Document:

Number of Pages: Signer(s) Other Than NamedAbo .

Capacity(ies) Claimed by Signer(s)
Signer’s Name: ___ _ El Corporate Officer — Tit|e(s):
.ocurnent or
: gner’s Name:
_j__
i 1Corporate Officer —— Title(s):
l_l Partner — L] Limited Cl General [Ll Partner — l l Limited l'l General El individual l..LlAttorney in Fact l;l Individual l lAttorney in Fact El Trustee ifl Guardian or nservator ill Trustee l lGuardian or Conservator El Other: ill Other:
4_ Signer is Representinga
’¢<Z¢-‘gw/¢g~54'.-19;.-/'Ug'J WV,’ ».4\-.,~.,..,- M '4/' 9 .,m,,.\_- .\._,(,».,«-%g,» ‘ at Not ryAssociation - www.Na1ti0na|N0tary.0rg - 1-800—USNOTARY(1-800-876-6827) Item #5907,"/I ://.\a//. e/ , ©2014 N
Item Number: 16.

Page 869 of 1000 ends

Direct Inquiries/Claims to:

THE HARTFORD

POWER OF ATTORNEY
[email protected]
call: 888-266-3488 or fax. 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON 8 COMPANY Agency Code: 72 —l8325O
X Hartford Fire insurance Company, tl corporation duly organized under the laws ofthc State ofConnecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthc State oflndiana X Hartford Accident and Indemnity Company, a corporationduly organized undcr the laws ofthc Statc ofCnnnccticut Hartford Underwriters Insurance Company, a corporationduly organized untlcr the laws oftlic State ofconnecticut Twin City Fire insurance Company, 21corporationduly organivcd under the laws ofthc State oflndiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthc State oflllinois Hartford Insurance Company of the Midwest, a corporation duly organized under t.heIa\\sofII1e State oflndiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe 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 amount of Unlimited :

Steven L. Brockmeyer, Barbara Doerntng, Emily Preciado, Mary Smith, Ronald C.

Wanglin of PASADENA, California
their true and lawfulAttorney(s)-in-Fact, each in their separate capacity it more than one is named above, to sign its name as surety(ies) only as delineated above by IXI,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 ?delity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw.

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 willbe bound by any mechanically applied signatures applied to this Power of Attorney.

Shelby Wiggins, Assistant Secretary

STATE OF FLORIDA
ss. Lake Mary

COUNTVOF 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 at?xed to the said instrument are such corporate seals; that they were so af?xed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. . Q,&¢ang, Jcsslca Cicconc My Coiiirnission HH IZZZXO
Expires June 20. 2025
l, 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 fullforce effective as of Mali 4 I 202 3 .

Signed and sealed in Lake Mary, Florida.

Keith D. Dozois.Assistant Vice President
Item Number: 16.

Page 870 of 1000 ends

ACKNOWLEDGMENT
A notary public or other officer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State of California
County of Los Angeles
on May 4th, 2023 before me’ Jennifer Ting, Notary Public (insert name and title of the officer)
personally appeared Tem’Nonega , 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/sheilthey executed the same in his/herltheir authorized capacity(ies), and that by his/her-Rheir 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 ofthe State of California that the foregoing paragraph is true and correct.
-
‘ WITNESS JENNIFERTING my h nd and of?cial seal. Nam Fublk _C‘”[ornia LosAngelesCounty
~ Commission.‘.‘Z3E9124
‘ MyComm.Expires Jan 2. 2026
Signature
_
j
Item Number: 16.

Page 871 of 1000 ends

CERTIFICATIONOF NON-DISCRIMINATIONAND AFFIRMATIVEACTION As suppliers of goods or services to the City of Desert Hot Springs, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it isin compliance with all Federal, State, and local directives and executive orders regarding non~discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines.

We agree specifically:
l. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

HRM; Mariposa Landscapes, inc.

TITLEOF OFFICERSIGNING: Pfesldem
SIGNATURE: W4 C'1£J ATE:05/08/2023
Please include any additiona information available regarding equal opportunity employment programs now in effect within your company:
58 Item Number: 16.

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NON-COLLUSIONAFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That Contractor has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

Landscape Maintenance and Operation for Zone 4 East Desert Hot Springs Landscaping and Lighting, Drainaqe and Community Facilities Districts and Other Site Maintenance Project $2024—009 (Fillin description of contract)
‘atop a ~ *{./KULK/K
Signature ofAuihorized Representative
6232 Santos Diaz St. Tern’Noriega. P 65‘-idem
Business Address
In/vindale, CA 91702
Subscribed and sworn (affirmed) to before me this, ‘M , 2023 Notary Public in and for the County of , State of California‘ My commission expires’ .20_
,59_
Item Number: 16.

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....V .,.-
Item Number: 16.

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State of California
County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this 8"‘ day of May , 20 23 , by Terry Noriega .proved to me on the basis of satisfactory evidence to be the personés-9 who appeared before me.

JENNIFERTING
\ Notary Public- Calitornia
1 ‘ LnsAngelesCounty §
.
‘
' Commission#1339124 S'gnature - (Seal) ‘” W
‘ MyComm. Expires Jan 2. 2026
Copyright© 2018 Notary/Xcknowledgement com. All Rights Reserved.

Item Number: 16.

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EXHIBIT2
Extra Work
tA=°==*=ArEs j
I supervisor
Maintenance Foreman
Maintenance Laborer
Tree Trimmer
Irrigation Technician
E Pest Control Operator
Clearing and/or Weeding
labor

3. MATERIAL
and equipment

AND INSTALLATION
forremoval,
(Including allPRICE E
' UNIT
re lacement, and dis osal 7 24"bo>~rees T
wboxirees
5-eononshrubs T
I-g°"onshwbs T
Turfsod (cool season)
j
T
j
Turfstolonized
Turfseed and top dressing complete
Ground cover
Annual cover (4" pot)
Ground cover
3575.00
Palm Tree Trimming-Palm Trees over 15 ft.
in stem hei ht
-73-
Item Number: 16.

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SERVICE PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
MARIPOSA LANDSCAPES, INC.

THIS SERVICE PROVIDER AGREEMENT (hereinafter, “the Agreement”) is made and entered into this 20th day of June, 2023 by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City”, and Mariposa Landscapes, Inc., a California corporation, hereinafter referred to as “Service Provider”.

RECITALS:

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

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this Agreement. Service Provider shall not perform, nor be compensated for, Extra Work without written authorization from the City.

Section 4. COMPENSATION
Service Provider shall be paid compensation not to exceed Eighty-Eight Thousand Eight Hundred Forty-Eight Dollars and No Cents ($88,848.00) for the services rendered by Service Provider pursuant to this Agreement.

Item Number: 16.

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__________
Initials
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

Item Number: 16.

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Item Number: 16.

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Section 14. COMPLIANCE WITH LAWS; LICENSING AND PERMIT

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shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Service Provider shall provide insurance on an occurrence, not claims-made basis. Service Provider acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
b. Service Provider shall maintain automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Service Provider arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Service Provider shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Service Provider were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof. c. Service Provider agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Service Provider enters contracts or whom Service Provider hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Service Provider agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. d. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Service Provider agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
e. Service Provider agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Services, Service Provider shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.

Section 16. WORKERS' COMPENSATION INSURANCE
Item Number: 16.

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Page 883 of 1000 ends

maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

Section 21. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Page 884 of 1000 ends

for a minimum period of three years, or for any longer period required by law, from the date of final payment to Service Provider pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the Service Provider’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider’s representatives, at Service Provider’s successor-in-interest.

Item Number: 16.

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Section 26. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Page 886 of 1000 ends

rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

To the City: Nicholas Haecker
Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x223
Facsimile: 760-288-0639
Email: [email protected]
To Service Provider: Terry Noriega
President
Mariposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
Telephone: 626-206-9055
Facsimile: 626-960-8477
Email: [email protected]

b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. WAIVER
Item Number: 16.

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Section 38. SEVERABILITY
Item Number: 16.

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Section 42. VENUE
Item Number: 16.

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Section 45. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Page 890 of 1000 ends

payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive.

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Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

Section 47. REPRESENTATIONS OF PARTIES AND PERSONS

Section 48. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

Item Number: 16.

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[REMAINDER OF PAGE INTENTIONALLY LEFT. BLANK]
Item Number: 16.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS

________________________________
Doria Wilms,
Interim City Manager

ATTEST:

________________________________
Jerryl Soriano,
City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer Mizrahi
City Attorney
MARIPOSA LANDSCAPES, INC.

____________________________________
Terry Noriega,
President
Item Number: 16.

Page 894 of 1000 ends

EXHIBIT A
(PROPOSAL WILL BE PLACED HERE WHEN CONTRACT WILL BE SIGNED) Item Number: 16.

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SR-23-146
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 20, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Professional Services Agreement for Plan Review Services, and Building Inspector, Building Official, and Permit Technician Services as Needed RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with Willdan, Inc. for Plan Review Services, Building Inspector, Building Official, and Permit Technician Services as needed in the amount not to exceed $500,000; with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney.” BACKGROUND:

The City has been utilizing Willdan, Inc. for both plan review and building services. Willdan reviews plans for solar projects, and provides staffing for building inspection, building official, and building permit technician services as needed. If needed accessibility services (ADA) are available as well. These services were provided in the previous contract that was effective February 5, 2019 and expires June 30, 2023. That contract had a not to exceed amount of $500,000 over a five year period and the amount utilized was $432,027.53 to date as of May.

DISCUSSION:

This new contract would provide the same services as the previous contract for an additional five year period ending in June 30, 2028. It is expected that the plan review work for new solar systems will go down within a year due to the implementation of the automated solar approval application (SolarAPP+) mandated by the State. However, it is expected that the building inspection services will go up given the large scale industrial projects that will be commencing construction within a year and the continued strength in housing production. For these reasons, the total contract amount has been capped at the same amount of $500,000. The city also contracts with Interwest, Inc. for building inspection services as well, as a back up resource when Willdan does not have the resources available for staffing on a particular date.

Staff is currently recruiting for a second building inspector that will be a city-funded position. These efforts continue in earnest even though there is a high demand for people with these skills and qualifications. Once hired, the city will have less need for contract inspection services.

FISCAL IMPACT:

The plan review services provided in this contract are covered by the plan check fees paid by applicants. The city keeps 25% of the initial fees paid and the contractor retains 75% of the initial fees Item Number: 17.

Page 897 of 1000 ends

SR-23-146
paid. Additional plan review time is charged at an hourly rate by the consultant and billed to the applicant. Inspection, building official, and permit technician services are paid at a straight hourly rate.

These are covered by the building permit fee.

ATTACHMENTS:
1) Professional Services Agreement with Willdan
2) Scope of Work and Rates
Item Number: 17.

Page 898 of 1000 ends

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
WILLDAN ENGINEERING, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 20 day of June, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Willdan Engineering, Inc., a California corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with as-needed contract plan review and building inspection/building permit technician/building official services as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Item Number: 17.

Page 899 of 1000 ends

Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect of five (5) years, or otherwise until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, monies in accordance with Exhibit A, in an amount not to exceed Five Hundred Thousand Dollars ($500,000)
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Section 6. EXTRA WORK
Item Number: 17.

Page 900 of 1000 ends

At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party.

Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement. For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Item Number: 17.

Page 901 of 1000 ends

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents Item Number: 17.

Page 902 of 1000 ends

or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.

Item Number: 17.

Page 903 of 1000 ends

(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.

Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
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Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.

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c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
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a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Item Number: 17.

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Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.

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b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.

The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
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Telephone: (760) 329-6411
Facsimile: (760) 288-3129

To Consultant: Willdan Engineering, Inc.
650 E. Hospitality Ln, suite 250
San Bernardino, CA 92408
909-475-901
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:

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a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
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Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 33. PRINCIPAL REPRESENTATIVES
a. Patrick Johnson shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.

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b. Community Development Director shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise Item Number: 17.

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by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Scott Matas, Mayor
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
_____________________________
________
_____________________________
Name, Title
N:\DHSO\0001-01 General\Doc\6051
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EXHIBIT “A”

SCOPE OF SERVICES
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Scope of Services
When it comes to serving the residents of the community, Willdan sees our role as that of facilitator and guide, helping the City’s customers in getting through the review, permitting, and inspection process, rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.

Our proven approach is based on years of experience and incorporates features enhancing the efficiency and quality of the following services:

PLAN REVIEW SERVICES
All building plans will be examined for
compliance with the current adopted version
of the California Building Code, California
Residential Code, Green Building Standards
Code, California Mechanical Code, California
Plumbing Code, California Electrical Code,
California Fire Code, California Historical
Code, California Existing Building Code and
the Accessibility, Noise and Energy
Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances.

Plan review for Disabled Access Compliance will include a review of precise grading plans.

All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
“We really appreciate Willdan’s timely responses and
professional advice to our questions and concerns related to plan check comments and general code issues. Willdan’s
professionalism and knowledge of the plan check process was immensely helpful in cutting cost and schedule. It has been really great to work with Willdan and we hope we will keep working with them for future work.”
Inkon Kim, PhD, LEED AP
HPA, Inc.

Exhibit A
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Desert Hot Springs City CouncilJune 20, 2023

Desert Hot Springs City Council
June 20, 2023