Agenda packet, regular meeting — Palm Desert City Council, April 24, 2025 (part 4 of 5)

* Includes architectural design and engineering services in Parkview Office Complex and the State Building. **current
ATTACHMENTS:

1. Approved Change Order 1

2. Contract No. C48610
547
548

CITY OF PALM DESERT

CONTRACT CHANGE ORDER
Justification:

Contract No / P.O. #:

Change Order No.:

Contingency: YES NO
Account No.:

Project No.:

Vendor No.:

Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:

Net Change in Contract Price:

Original Contract Amount: +
Contingency: +
Total Budget Amount:

Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:

Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).

Contract Purpose:

Contractor Name:

C48610 24251612 1
✔
5104361-4400100 MFA00011-4401500 V0015704 ADA Upgrades - State Building R DEPENDABLE CONSTRUCTION INC Contract dollar amount $ 41,394.31 $ 0.00 $ 41,394.31 $ 41,394.31 City Council awarded Contract No. C48610 to R Dependable Construction, Inc. for ADA upgrades at the State Building.

The contract amount was for $279,900 plus a $28,000 contingency totaling the PO amount of $307,900. As part of the ADA upgrades, additional work was required outside of the approved building plans, which increased the project by $26,285.07. The extra work/change orders total $41,394.31, which is $13,394.31 above the approved contingency amount. Staff requests approval of CO 1 and will bring forward a staff report for ratification of the change order at the March 27 City Council meeting.
$ 279,900.00 $ 28,000.00 $ 307,900.00 $ 279,900.00 $ 41,394.31 -$ 13,394.31 $ 28,000.00 $ 41,394.31 -$ 13,394.31 The amount of the contract will be increased by the sum of: Forty-One Thousand Three-Hundred and Ninety Four 31 $ 41,394.31 $ 321,294.31 Docusign Envelope ID: DC923623-C509-4FD7-8AEE-E9EEDEB73B2E 549
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.

1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________Contractor

3. CERTIFIED FUNDS

AVAILABLE
______________________
Finance Director 4. APPROVED BY: ______________________City Manager NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C48610 1
N/A
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Contract No. C48610
1 Revised 01-2024
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 14th day of November, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, (“City”) and R Dependable Construction, a Corporation, with its principal place of business at 1019 West 3rd Street, Suite B, San Bernardino, CA 92410 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

ADA Upgrades at the State Building
Project No. MFA00011
(hereinafter referred to as “the Project”).
73-720 Fred Waring Drive
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of TWO HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($279,900.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this Docusign Envelope ID: DC3CDA6B-9F0B-4814-936C-B81902CC71F4 551
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is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

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2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
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(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

6. Fidelity Coverage. Reserved

7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

C.Other Provisions or Requirements

1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be Docusign Envelope ID: DC3CDA6B-9F0B-4814-936C-B81902CC71F4 555
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satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained Docusign Envelope ID: DC3CDA6B-9F0B-4814-936C-B81902CC71F4 556
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by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

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18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND R DEPENDABLE CONSTRUCTION, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

R DEPENDABLE CONSTRUCTION, A

CORPORATION
By:

Rosemary Padilla
President
By:

Rosemary Padilla
Secretary
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: MN
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
Docusign Envelope ID: DC3CDA6B-9F0B-4814-936C-B81902CC71F4 944088
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560

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 24, 2025
PREPARED BY: Brad Chuck, Public Works Superintendent
Shawn Muir, Community Services Manager
REQUEST: AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CA, FOR LANDSCAPE MAINTENANCE AREA NO. 1 AND INCLUDE ALLOWABLE EXTRA WORK AND SERVICES (PROJECT NO.

MLS00008)
RECOMMENDATION:

1. Award a Maintenance Services Agreement with Mariposa Landscapes, Inc., of Irwindale, CA, for Landscape Maintenance Area No. 1 in the annual amount of $367,764 subject to CPI increases, for a three-year term, with two one-year extension options.

2. Authorize allowable extra work for street maintenance and landscape services in an annual amount not to exceed $95,000.

3. Authorize the City Attorney to make necessary non-monetary changes to the agreement.

4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

Landscape Maintenance Area No. 1 (LMA 1) is a critical area that provides the first impression of Palm Desert to visitors, covering parkways and all street and highway medians. Proper maintenance is vital for preserving the City’s image.

Previously, LMA 1 services were split into three separate areas: LMA 1, LMA 2, and LMA 4; however, managing multiple vendors led to inconsistencies in service quality. To streamline operations and improve consistency, the City consolidated the three areas into a single maintenance contract under LMA 1 in 2021. The consolidated contract was awarded to Mariposa Landscapes, Inc. for a five-year term at an annual cost of $483,828.

In March 2024, Change Order No. 3 added $150,000 annually to include maintenance for nonlandscaped areas, increasing the annual contract amount to $661,408.56 and allowable extra work to $125,000 annually. However, ongoing irrigation charges, excluded from the original agreement, prompted a re-bid and division of the contract into two separate areas: LMA 1 and LMA 2. LMA 1 represents medians south of country club while LMA 2 represents medians north of country club, see the Vicinity Map (attachment 4). The updated approach aligns with the best regional practices and includes detailed cost sheets for plant materials and irrigation repairs, helping with better cost control, and transparency.

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itemized pricing for such repairs, the City can prevent cost inflation, minimize delays from multiple vendors working simultaneously, and enhance accountability by eliminating disputes over repair responsibilities.

On November 18, 2024, the project was advertised for proposals through the City’s bid management portal OpenGov (PROJECT ID: 2024-RFP-143), and on January 6, 2025, received three proposals electronically. A selection committee evaluated the proposals and scored them according to the following criteria:
 Clarity and conformance of proposal to the RFP (10%)
 Content of the proposal, including the work plan (25%)  Proposer’ s experience and performance (35%)
 Team members’ experience (10%)
 Comments by references (5%)
 Fee proposal (15%)
The proposals were ranked numerically as follows:

VENDOR LOCATION RANKING BID

AMOUNTS

ADDITIONAL
WORK
TOTAL
AMOUNT
Mariposa Landscapes Irwindale, CA 1 $367,764 $95,000 $462,764 Kirkpatrick Landscape Bermuda Dunes, CA 2 $367,008 $95,000 $462,008 Universal Green LLC Desert Hot Springs, CA 3 $360,300 $95,000 $455,300 Mariposa Landscapes, Inc., received the highest score, with an aggregate total of 84.67.

Although Kirkpatrick Landscape’s proposal amount is similar to Mariposa’s, their proposed staffing plan was less robust, as shown in the chart below:

Mariposa Landscapes, Inc. Kirkpatrick Universal Green LLC Number of Crews 2 Crews 1 Crew 1 Crew
Maintenance Staff 6 Staff 5 Staff 7 Staff
Irrigation Staff 1 Full-Time Irrigator 1 Irrigator (As Needed) No Irrigator Listed A full-time irrigator is preferred for the median contract to ensure efficient maintenance, prioritize water conservation, and effectively manage city resources by addressing issues promptly.

Based on the review, staff recommend awarding a contract to Mariposa Landscapes, Inc. for a 36-month period beginning July 1, 2025, with an option for two one-year extensions. The base contract includes monthly maintenance tasks such as raking, weed abatement, pruning, irrigation inspections, trash and debris removal, and other routine services performed according to a City-provided frequency schedule. Given the vendor’s demonstrated efficiency and familiarity with the City’s requirements, this agreement will enable the Landscape Division to maintain continuity and uphold City standards. The vendor’s expertise in these areas ensures 562
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faster response times and cost-effective solutions. Additionally, the vendor will allocate more staff to efficiently maintain and service these areas, justifying the increase.

The total funding request for as needed extra work amounts to $95,000. This ensures that the funding limit is not exceeded while addressing essential tasks for public space upkeep and safety.

The additional funding is divided into two categories:

1. Landscape Maintenance – $75,000
Covers unforeseen but essential landscape maintenance tasks not included in the base contract such as:
 Irrigation and landscape lighting repairs and replacements  Emergency tree work
 Tree and shrub replacements
 Pest control
 Repairs due to accidents or vandalism
 Replacement of damaged signs
 Water conservation efforts
 Site furnishing repairs
 Enhancement projects as needed

2. Public Spaces Maintenance – $20,000
Supports and supplements maintenance services for the upkeep of Rights of Way (ROW), vacant medians, drainage channels, vacant parcels and other public spaces currently maintained by City staff to enhance public safety and maintain clear visibility including:
 Weed abatement
 Litter removal
 Sidewalk cleaning
 Other related maintenance activities
When extra work arises, the vendor responsible for maintaining the designated LMA is typically the most cost-effective and responsive option, as their staff is already on site. Additionally, staff have observed challenges when an outside vendor performs work in an area maintained by another vendor. Using the same vendor for both maintenance and extra work promotes continuity and minimizes potential conflicts.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Strategic Plan:

Landscape Maintenance Area No. 1 is an ongoing maintenance activity and, as such, does not contribute directly to the objectives of the Strategic Plan. 563
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FINANCIAL IMPACT:

Funds for the maintenance of Landscape Maintenance Area 1 have been included in the Public Works Department’s proposed operations budget for Fiscal Year 2025-26 in Account No. 1104614-4337001, R/M Median Landscaping, and 1104310-4332000, R/M Streets. The table below outlines the maintenance costs for LMA 1 and 2:

Description Proposed Budget Contract Amount Balance
1104614-4337001 $875,000
1104310-4332000 $50,000
*LMA 1 – contract $367,764
*LMA 1 – extra work $95,000
LMA 2 – contract $288,588
LMA 2 – extra work $105,000
Total $925,000 $856,352 $68,648
*The current request is for LMA 1.

Funding for this agreement in future fiscal years is contingent upon City Council approval of the budget requests.

ATTACHMENTS:

1. Maintenance Services Agreement

2. Payment & Performance Bonds

3. Mariposa Landscapes, Inc. Proposal

4. LMA 1 Vicinity Map
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CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 24th day of April, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Mariposa Landscapes, Inc., an S Corporation, with its principal place of business at 6232 Santos Diaz St. Irwindale, CA 91702 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

The City is a public agency of the State of California and is in need of services for the following project:

Landscape Maintenance Area No. 1
Project No. MLS00008
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this 565
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Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Brad Chuck, Public Works Superintendent, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Terry Noriega, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

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uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.

3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and subsubconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 568
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. (Reserved)
(F) Cyber Liability Insurance. (Reserved)
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 569
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City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 570
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by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 572
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3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.

No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) 573
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damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall not exceed Three Hundred Sixty-Seven Thousand Seven Hundred Sixty Four Dollars ($367,764.00) for monthly landscape services without written approval of the City Council or City Manager, as applicable. The City may request additional work at the same rates and manner as set forth in this Agreement on an as needed basis as specified in Section 3.3.5. Contractor shall not perform Extra Work, presume Extra Work will be guaranteed, nor be compensated for Extra Work without written authorization from the City. Work performed as Extra Work shall not exceed the amount of Ninety-Five Thousand Dollars ($95,000.00). Contractor shall not be reimbursed for any expenses unless authorized by the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.2.1 Retainer. (Reserved)

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including 574
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Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim 575
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or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Mariposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
ATTN: Terry Noriega, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Public Works Superintendent
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or 576
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persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, 578
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understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. (Reserved)
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND MARIPOSA LANDSCAPES, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
MARIPOSA LANDSCAPES, INC., AN S

CORPORATION
By:

Terry Noriega
President
By:

Antonio Valenzuela
Secretary
592268
Contractor’s License Number and
Classification
1000005079
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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EXHIBIT “A”

SCOPE OF SERVICES

1. SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required to provide landscape and irrigation maintenance services for City of Palm Desert in accordance with the Contract Documents at the following locations:

1. LOCATIONS

1. HIGHWAY 111 MEDIANS AND PARKWAY:
o Medians between Hospitality Row and Painters Path Drive o North frontage road parkways between De Anza and Monterey Avenue o South Frontage Road parkways from 330 feet east of Shadow Hills Road to Larkspur Lane
o Planter area on South Frontage Road 50 feet east of San Pablo Avenue o South Frontage Road parkways from Lupine Lane to Ocotillo Drive (Carl’s Jr. restaurant)
o City of Palm Desert monument signs at both the East and West entry to the city on Highway 111

2. HIGHWAY 74 MEDIANS AND PARKWAY:
o East frontage road parkways from 400 feet south of El Paseo to Homestead Road o Median between Highway 111 and El Paseo

3. CHARGER SCULPTURE: Landscape Art planter on Highway 74 between El Paseo and Highway 111

4. MESA VIEW FIRE STATION 67: 73-200 Mesa View Drive, West of Portola Avenue

5. MONTEREY AVENUE MEDIANS AND PLANTERS:
o All Medians from Highway 111 to Country
o Parkway planter at West end terminus of Guadalupe Ave (South to driveway & North to end of vacant lot)
o “Pork chop” planter on Northeast corner of intersection at Country Club Drive

6. FRED WARING DRIVE MEDIANS AND PARKWAY:
o * Deep Canyon Tennis Club Excluded
o All medians from Washington Street to Highway 111
o North parkway planters between Warner Trail and Tennessee Avenue, including planters and cobble areas West of Tennessee
o South parkway planters between Portola Avenue and Deep Canyon Road o Monument entry sign planter at the Northwest corner of Washington Street and Fred Waring Drive

7. TOWN CENTER WAY: Medians between Highway 111 and Fred Waring Drive

8. COOK STREET MEDIANS: Medians between Merle Drive to Country Club

9. HOVLEY LANE EAST MEDIANS:
o Between Portola Avenue and Beacon Hill
o From Water Way to 600’ east of Oasis Club Drive
o Kansas Street Retention Basin located at the Southwest corner of Hovley Lane East and Kansas Street

10. PORTOLA AVENUE MEDIANS AND PARKWAY:
o Median between Alessandro and El Cortez
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o East side parkway planter between San Marino South and El Cortez o Median between Chicory and Fairway Drive

11. VIA CINTA Median north of Hovley Lane East

12. PHYLLIS JACKSON PARKWAY Approximately 320 linear feet South of Fred Smith Way

13. CORPORATION YARD 74-705 42nd Avenue (Includes all interior and perimeter planters and perimeter planters at the storage yard East of the Corporation Yard)

14. MAGNESIA FALLS MEDIANS AND PARKWAY:
o All medians between Monterey Avenue and Deep Canyon Road o Parkway planters northwest corner at Deep Canyon Road o North wall parkway planters from San Pascual Channel Bridge to Portola Avenue o South wall parkway planters from Rutledge Way to Deep Canyon Road o Bike path between Whitewater Channel and Canyon Crest development perimeter from
o Deep Canyon Road to Cook Street including adjacent planters from black wall to chain link fence

15. TOWN CENTER WAY FIRE STATION 33: 44-400 Town Center Way, located between Hwy 111 and Fred Waring Drive

16. PORTOLA AVENUE FIRE STATION 71: 73-995 Country Club Drive, on the Southwest corner of Portola and Country Club Drive

2.2 GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations, at the level of maintenance and service defined by City of Palm Desert.

The work shall include, but is not limited to, proper horticultural practices, as defined in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and hardscape structures as designated in the following specifications and per the Frequency Schedule.

2.1 Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment.

2.2 Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree maintenance, and irrigation maintenance and operation. Contractor shall provide personnel capable of effective verbal communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work.

2.3 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk-through inspection of the contract area.

It is Contractor’s responsibility to identify to City of Palm Desert unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the walk-through. At City of Palm Desert’s discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with the successor Contractor on a “one-time only, extra-work” basis. After such corrections are made, the successor Contractor will be responsible for all contractual services. 582
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2.4 Contractor shall replace, at no additional cost to City of Palm Desert for labor or materials, any plant or tree that dies beginning 30 days from commencement of the contract throughout the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise improper care.

2.5 Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated.

2.6 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergent and post-emergent. Fertilizers with pre-emergent and post-emergent will be supplied by Contractor and reimbursed by the City of Palm Desert at actual cost plus 15% markup. City of Palm Desert reserves the right to purchase Standard fertilizer. The application of fungicides will be performed outside the scope of this contract.

2.7 Monthly reports for irrigation, green waste and pesticide application shall be submitted no later than the first Monday of each month, for the preceding month. Monthly payments will not be processed until all required reports are received.

2.7.1 The Irrigation Monthly Report shall include, but not necessarily be limited to, the following: date, irrigation technician identification, site identification, controller and valve identification, description of service and/or repair, statement of plant material condition as relates to water needs, and a section for general notes or comments.

2.7.2 The Green Waste Monthly Report submittal shall include the green waste facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and address of the waste facility, the weight, and the City of Palm Desert’s name.

2.7.3 The Pesticide Application Monthly Report shall consist of a copy of the monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide applications made, a statement to that effect in the form of a letter or memorandum to City of Palm Desert.

3. SPECIFIC SERVICES TO BE PERFORMED

3.1 Plant Litter and Trash Control

3.1.1 Contractor shall remove and appropriately dispose of all plant litter (broken branches, broken limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out-of-place or discarded items. Plant litter includes plant debris caused by extreme temperatures or high winds.

3.1.2 Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City of Palm Desert may provide trash bags). Contractor shall wipe surfaces clean with a non-toxic cleaning solution.

3.2 Pest Control
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3.2.1 Gophers will be controlled on an as-needed basis using City of Palm Desert-approved traps, within the scope of this contract. Ground squirrel control will be performed on an as-needed basis and is outside the scope of this contract.

3.2.2 Ants will be controlled on an as-needed basis, and is included in the scope of the contract.

Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are encountered the Contractor shall report the discovery to the City of Palm Desert prior to the end of the workday.

3.2.3 Contractor shall immediately report any bee activity (swarms or hives) detected to the City of Palm Desert. Bee removal is the responsibility of City of Palm Desert.

3.2.4 Aphids will be chemically controlled on oak trees in parking lots and along parkways. Fruit set will be chemically controlled on olive trees. These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemical treatment and the schedule for its application must be reviewed and approved in advance by City of Palm Desert. City of Palm Desert, at its discretion, may require from Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for any and all pesticide applications performed. Contractor will be responsible for the material and labor and perform this work as well for all posting as required by label and law.

3.2.5 Contractor shall provide control and/or eradication of all weeds, as needed. Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees.

3.2.6 Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only.

3.2.7 Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred.

3.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work.

3.3 Plant Maintenance

3.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public.

3.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by City of Palm Desert and/or the contract documents. If offshoots are present, they will be left in place and irrigation will be adjusted to assure adequate water supply to the offshoots.

3.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from City of Palm Desert within one week of notification.
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3.3.4 The City of Palm Desert encourages contractors to familiarize themselves with the City of Palm Desert’s “Landscape Maintenance Guidelines” book. The book, intended to serve as a visual guide to contractors, also provides pruning techniques and a calendar for ideal maintenance timing. The City of Palm Desert may at its own discretion, alter time-lines or techniques and supply additional reference materials as the City of Palm Desert deems necessary.

3.3.5 The plant material will be pruned as needed, to keep plant material to scale based on the planter size, plant species, plant location and for safety purposes. The City of Palm Desert will work with the Contractor to determine appropriate size for each plant species. In addition, the Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers, as directed by the City of Palm Desert.

3.3.6 On occasion, high-profile areas will be seeded with wildflowers. City of Palm Desert staff will identify these areas to Contractor. It shall be Contractor’s responsibility to maintain and preserve these wildflower population areas. Contractor shall be responsible to replace any wildflowers disturbed or destroyed by any of Contractor’s maintenance activities.

3.3.7 Plant material installed by the Contractor shall be warrantied for a period of ninety days from the date of acceptance by the City’s Representative.

3.4 Tree Maintenance

3.4.1 All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance.

3.4.2 Contractor shall perform safety and sucker pruning on all trees (including palms) eight feet (8) in height and under. All broadleaf and palm tree pruning will be performed outside this contract.

Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6) feet of brown trunk or less. City of Palm Desert may request that a Certified Arborist be on site when Contractor’s staff safety prunes trees.

3.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is considered a hazard and upon notice from City of Palm Desert, Contractor must remove such limbs by close of business the same day.

3.4.4 Trees broken or damaged as a direct result of storm, wind, accident, vandalism or structural failure shall be pruned and/or removed, upon City of Palm Desert’s request to Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost.

3.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date of the acceptance by the City’s Representative.
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3.5 Hardscape, and Decomposed Granite (DG) Planter Areas

3.5.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule.

3.5.2 Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping. Blower throttle to be maintained at the lowest practical setting possible.

3.5.3 Contractor shall rake planter areas. Contractor shall also rake underneath living plant material, unless directed not to do so by City of Palm Desert. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re-establish an appropriate grade to the satisfaction of City of Palm Desert.

3.5.4 Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash playground equipment, monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains, picnic tables and miscellaneous hardscape fixtures as outlined in the Frequency Schedule. The Contractor shall use, as directed by the City of Palm Desert, a scrub brush and a City of Palm Desert-approved non-toxic biodegradable cleaning agent to adequately clean the aforementioned items, as deemed acceptable by City of Palm Desert. Contractor will also remove any tape, banners, and party supplies from playground shelters and pavilions in conjunction with the pressure washing duties. This process shall be considered as included in the contract lump sum bid price, and no additional compensation shall be allowed therefor.

3.5.5 Pressure washing, at a minimum pressure rating of 3000 PSI, at dog parks must include the use of a City of Palm Desert-approved non-toxic biodegradable cleaning agent.

3.5.6 Contractor shall remove litter and debris obstructing spillways and their associated drain grates. This activity shall take place according to the Frequency Schedule, and after a rain event as determined by City of Palm Desert staff. Contractor may be required to use a bow rake.

3.6 Irrigation System Maintenance

3.6.1 The operation, maintenance, and scheduling of all irrigation controllers and attached sensors shall be the responsibility of Contractor. Contractor will make adjustments, per City’s recommendations at a minimum of once every 30 days, to the controllers, sensor equipment, and schedules based on property microclimates, ET, rain events, and overseeding schedules.

Contractor will schedule irrigation to provide adequate irrigation to plant material while conserving water as much as possible. NOTE: Irrigation systems are not Smart Controllers and will require manual adjusting.

3.6.2 All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion. Contractor to check coverage weekly.

Contractor to provide monthly irrigation report.

3.6.3 Repairs or replacements to the irrigation system shall be made with like parts.

3.6.4 Contractual irrigation system maintenance includes all labor for system inspections, adjustments, repairs and installations for all system components, in-line irrigation valves, including 586
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
internal and electrical components, irrigation wires from the timer to the valve, and all mainline and lateral line repairs two inches (2”) and smaller in diameter, unless damage is caused by vandalism. Should vandalism occur, the Contractor is to notify City of Palm Desert staff immediately and prior to the repair work. All irrigation rotors, bubblers, emitters, associated fittings, and valve boxes shall also be included under contractual system maintenance. Any repair work outside of this scope will be considered extra work and paid accordingly. All parts shall be provided by the Contractor and will be reimbursed by the City of Palm Desert at actual cost plus a fifteen percent (15%) mark-up, unless the replacement is due to damage caused by the Contractor’s operation, in such case the Contractor shall bear the entire cost. Adjustments, repairs and installations shall include:
 Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections (where applicable). Automatic valves will be activated from the irrigation controller, not from the bleeder valve.  The electrical circuit from the irrigation controller to the valve will be checked for proper operation. Labor cost for the actuators replacement shall be included in the contract lump sum bid price, and no additional compensation shall be allowed therefor.  Filter, filter screen, and filter valve box cleaning.  Lateral lines will be checked for breaks and leaks and will be flushed at least yearly and additionally when necessary to ensure proper system performance.

3.6.5 Non-contractual irrigation system repairs:
 No non-contractual work will be initiated without an approved City of Palm Desert Work Order.
 When irrigation system malfunction or damage is detected, the repair of which is noncontractual in nature, Contractor will flag the location and notify City of Palm Desert before the close of business the same workday.
 Upon receipt of an approved Work Order, repairs to a non-operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order.
 All repairs deemed non-contractual will be paid on a time-and-materials basis.  Labor will be billed per the rates under the Performance of Extra Work heading.  Materials will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion; materials may be supplied to Contractor by City of Palm Desert.
 Contractor shall return to City of Palm Desert all irrigation parts that have been replaced.  City of Palm Desert will perform regular inspections of irrigation systems to ensure accuracy of Contractor’s irrigation reports. If discrepancies are found, City of Palm Desert shall consider this a performance deficiency.
587
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “B”

SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
588
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
The total annual compensation shall not exceed Three Hundred Sixty-Seven Thousand Seven Hundred Sixty Four Dollars ($367,764.00) per fiscal year and may only be adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San BernardinoOntario, CA Region rate for the 12-month period ending May, with written approval from the City Council or City Manager following FY 2025-26, as applicable.

Payment and Performance Bonds apply and will follow after the compensation. 589
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1

COMPENSATION
Line Item Site Description Quantity
Unit of
Measure
Monthly Unit
Price Annual Total
1 Highway 111 Medians and Parkways 12 Months $5,210.00 $62,520.00 2 Highway 74 Medians and Parkway 12 Months $2,145.00 $25,740.00 3 Charger Sculpture 12 Months $123.00 $1,476.00
4 Mesa View Fire Station 67: 73-200 Mesa View Drive 12 Months $582.00 $6,984.00 5 Monterey Avenue Medians and Planters 12 Months $6,129.00 $73,548.00 6 Fred Waring Drive Medians and Parkway 12 Months $5,210.00 $62,520.00 7 Town Center Way Medians 12 Months $123.00 $1,476.00
8 Cook Street Medians 12 Months $3,249.00 $38,988.00
9 Hovley Lane East Medians 12 Months $2,728.00 $32,736.00 10 Portola Avenue Medians and Parkway 12 Months $1,992.00 $23,904.00 11 Via Cinta Median 12 Months $123.00 $1,476.00
12 PhyllisJackson Parkway 12 Months $123.00 $1,476.00
13 Corporation Yard 74-705 42nd Avenue 12 Months $306.00 $3,672.00 14 Magnesia Falls Medians and Parkway 12 Months $2,145.00 $25,740.00 15 Town Center Way Fire Station 33: 44-400 Town Center Way 12 Months $306.00 $3,672.00 16 Portola Avenue Fire Station 71: 73-995 Country Club Drive 12 Months $153.00 $1,836.00 TOTAL $367,764.00
590
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
591
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C
592
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Mariposa Landscaping, Inc., (hereinafter referred to as the “Contractor”) an agreement for Landscape Maintenance Area No. 1 Project, Project No. MLS00008 Project (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated April 24, 2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Mariposa Landscaping, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Four Hundred Sixty-Two Thousand Seven Hundred Sixty-Four Dollars, ($462,764.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
595
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
596
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
597
Contract No. ___________

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed April 24, 2025, has awarded to Mariposa Landscapes, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Landscape Maintenance Area No. 1 Project, Project No. MLS00008 (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 24, 2025, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Four Hundred Sixty-Two Thousand Seven Hundred Sixty-Four Dollars, ($462,764.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall insure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 598
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any oblige named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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599
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
600
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
601
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
602
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-143
Landscape Maintenance Area (LMA) No. 1
RESPONSE DEADLINE: January 6, 2025 at 5:00 pm
Report Generated: Monday, January 13, 2025
Mariposa Landscapes, Inc. Response

CONTACT INFORMATION
Company:

Mariposa Landscapes, Inc.

Email:
[email protected]
Contact:

Larry Rudd
Address:
6232 Santos Diaz St.

Irwindale, CA 91702
Phone:
(626) 960-0196 Ext: 2730
Website:
www.mariposa-ca.com
Submission Date:

Jan 6, 2025 9:44 AM (Pacific Time)
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Dec 16, 2024 1:22 PM by Larry Rudd
Addendum #2
Confirmed Dec 16, 2024 1:22 PM by Larry Rudd

QUESTIONNAIRE

1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

A. Cover Letter

1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.

B. Experience and Technical Competence

1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.

2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.

C. Firm Staffing and Key Personnel
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1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.

3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.

4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.

D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Palm_Desert_RFP_LMA_1_-_MLI.pdf

2. Non-Collusion Declaration*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or 605
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data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 592268
Click to Verify Value will be copied to clipboard

4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000005079
Click to Verify Value will be copied to clipboard

5. Type of Business*
S Corporation (if corporation, two signatures are required)

6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
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7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.

N/A

8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").

N/A

9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.

Project_Team_Resumes_-_MLI.pdf

10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
608
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-143
Landscape Maintenance Area (LMA) No. 1
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Landscape Maintenance Area (LMA) No. 1

Page 7 ends

A. Terry Noriega
B. President
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. [email protected]
E. (626) 960-0196
A. Antonio Valenzuela
B. Secretary
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. [email protected]
E. (626) 960-0196

11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed

PRICE TABLES

CONTRACTORS PROPOSAL PRICE BY LOCATION
Line Item Site Description Quantity Unit of
Measure
Monthly Unit
Price
Annual Total
1 Highway 111 Medians and Parkways 12 Months $5,210.00 $62,520.00 609
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-143
Landscape Maintenance Area (LMA) No. 1
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Landscape Maintenance Area (LMA) No. 1

Page 8 ends

Line Item Site Description Quantity Unit of
Measure
Monthly Unit
Price
Annual Total
2 Highway 74 Medians and Parkway 12 Months $2,145.00 $25,740.00 3 Charger Sculpture 12 Months $123.00 $1,476.00
4 Mesa View Fire Station 67: 73-200 Mesa View Drive 12 Months $582.00 $6,984.00 5 Monterey Avenue Medians and Planters 12 Months $6,129.00 $73,548.00 6 Fred Waring Drive Medians and Parkway 12 Months $5,210.00 $62,520.00 7 Town Center Way Medians 12 Months $123.00 $1,476.00
8 Cook Street Medians 12 Months $3,249.00 $38,988.00
9 Hovley Lane East Medians 12 Months $2,728.00 $32,736.00 10 Portola Avenue Medians and Parkway 12 Months $1,992.00 $23,904.00 11 Via Cinta Median 12 Months $123.00 $1,476.00
12 Phyllis Jackson Parkway 12 Months $123.00 $1,476.00
13 Corporation Yard 74-705 42nd Avenue 12 Months $306.00 $3,672.00 14 Magnesia Falls Medians and Parkway 12 Months $2,145.00 $25,740.00 15 Town Center Way Fire Station 33: 44-400 Town Center Way 12 Months $306.00 $3,672.00 16 Portola Avenue Fire Station 71: 73-995 Country Club Drive 12 Months $153.00 $1,836.00 TOTAL $367,764.00
610
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-143
Landscape Maintenance Area (LMA) No. 1
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Landscape Maintenance Area (LMA) No. 1

Page 9 ends

RIGHTS OF WAY MAINTENANCE RATES
From time to time, the Contractor may be called upon to assist with the maintenance of Rights of Way (ROW) in order to ensure public safety and maintain clear visibility. These requests will be made on an as-needed basis, with the scope of work determined by the specific requirements of each situation. Typical duties may include, but are not limited to, the removal of excessive blow sand, controlling the growth of weeds, trimming overgrown vegetation, clearing debris, and performing general maintenance to preserve the integrity and accessibility of the ROW. The Contractor will be expected to act promptly to address these concerns to ensure the area remains safe and navigable for the public.

Line Item Description Unit Cost Unit Cost
1 Supervisor Hourly Rate $80.00
2 Spray Tech Hourly Rate $68.00
3 Foreman Hourly Rate $65.00
4 Laborer Hourly Rate $48.00
5 Traffic Control Cost $1,320.00
6 Materials Cost $500.00
7 Equipment Rentals Cost $1,000.00
8 Dump Fees Cost $1,000.00
611
Landscape Maintenance Area (LMA) No. 1
Due Date: January 6, 2024 at 5:00pm
612
613
Our Core Values – Safety • Teamwork • Quality • Integrity Page 3 Executive Summary
Mariposa Landscapes, Inc. offers the City of Palm Desert unique qualifications with a high level of experience to fulfill all requirements of this RFP. Our goal is to provide professional maintenance services with an emphasis on excellent results. Results are what we, as a contractor and the City of Palm Desert, will ultimately be judged by. We intend to provide clean, safe, and well-maintained areas that the City of Palm Desert and its residents can be proud of.

Approach
All required services for the City of Palm Desert will be provided from our Bermuda yard, located approximately 6 miles from the City of Palm Desert's City Hall. Prior to the commencement of contract work, we will thoroughly inspect and document deficiencies. After this is completed for each location, we will provide a detailed list and include a proposal for restoring the area to its original condition if applicable.

During the meeting, the Account Manager communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include:
 Project requirements per specifications.
 Record keeping documents and availability of necessary forms.  Review methods, sequence of work tasks, and timeline.

Preparatory Site Inspection
The Account Manager will perform a quality inspection of the work area and:
 Assess the required work to be done per specifications.  Verify field measurements.
 Assure availability of required equipment and materials to complete the project.  Identify potential problems and develop an action plan to resolve them.

Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule that includes all routine activities. After submission and approval of this schedule, we will be ready to start work.

Commitment to Excellence
Our commitment to excellence is reflected in our proactive approach to maintenance and our dedication to continuous improvement. We will regularly review our processes and outcomes to ensure we are meeting the highest standards of quality and efficiency. By maintaining open communication with the City of Palm Desert, we aim to build a strong partnership based on trust and mutual respect.

Authorized individual to negotiate agreement terms and compensation:

Terry Noriega, President I 6232 Santos Diaz St. Irwindale, CA 91744 I (626) 960-0196 614
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 Table of contents
A. Cover Letter ................................................................................................................................ 2 Executive Summary ......................................................................................................................... 3 Table of contents ............................................................................................................................ 4 B. Experience and Technical Competence ...................................................................................... 5 C. Firm Staffing and Key Personnel ............................................................................................... 12 D. Proposed Method to Accomplish the Work ............................................................................. 15 615
Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 B. Experience and Technical Competence

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

With our experienced and dedicated staff 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 highlighted in light green.

Highlights
 Over 45 years in business
 Contractor’s license in two states
 Over 800 employees
 Insured – $1 million workers comp, $10 million in aggregate general liability limit  $100 million in bonding capacity
 Over 95 awards for project excellence
616
Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 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 well-being of our employees, customers and vendors is important to us.
617
Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 Proposer Identification
Legal Name: Mariposa Landscapes, Inc.

Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196
Fax Number: (626) 960-8477
Proposal Contact Email Address: [email protected] Proposal contact: Eduardo Salmeron
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date Incorporated: January 26th, 1981
Licenses & Certificates
Contractors State License: 592268 C27, A, C61/D49, C31
Qualified Applicators License: 103864 ABCDEFH
Pest Control Adviser License: 74416 ABCDEG
Pest Control Business License: 30977
Irwindale Business License: 000538
Supplier Clearinghouse MBE: 94HS0050
City of Los Angeles MBE: 561730
City of Los Angeles LBE: 37858
LA County MBE: 89126
LA Co. Agricultural Pest Control 1000279
Certified Arborist: WE-1182A
Minority Business Enterprise
MBE Certification, File No. CCA-7150 for 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.
618
Our Core Values – Safety • Teamwork • Quality • Integrity Page 8 Our Services

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.

Hardscape Construction
 Concrete Poured-in-Place, Stamped and Seat Walls.
 Flagstone, Tile, Masonry and Block Walls.
 Drainage and Overhead Construction.
 Water Feature Pond Installation & Repair.
 Monuments and Signage.
 Low Voltage Lighting Design and Installation.

Landscape Maintenance
 Private, Commercial, Public Works 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 Disposal of Trimmings.
 GIS Tree mapping and asset management
 Certified Workers & Comprehensive Insurance Coverage. 619
Our Core Values – Safety • Teamwork • Quality • Integrity Page 9

WATER CONSERVATION
Our performance backs our promises

CHADWICK APARTMENTS
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. “ 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.”
-CITY OF GLENDALE

DESIGN IMPLEMENTATION
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.
620
Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 Office Locations

Los Angeles County
15529 Arrow Highway
Irwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809

Orange County
1107 E. Walnut St
Santa Ana, CA 92701
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

Riverside County
13333 S. Central Ave
Chino, CA 91710
Phone 626 960-0196
Fax 626 960-8477

L.A. – South Bay
1650 W 130th 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

Palm Springs
78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477

San Diego County
1833 Oceanside Blvd.

Oceanside, CA 92054
Phone 626 960-0196
Fax 626 960-8477

Arizona
7677 N. 67th Avenue
Glendale, AZ 85301
Phone 623 463-2200
Fax 623 463-2223
621
Our Core Values – Safety • Teamwork • Quality • Integrity Page 11

2. References
Here at Mariposa Landscapes, Inc. we take pride in 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. Below are some cities for which we provide landscape maintenance services.

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.
$476,160 Per Yr.

Mike Munoz, Landscape Supervisor (760) 578-6471 [email protected] City of Desert Hot Springs Term: 2019-Current
Landscape Maintenance and Operation for LMD and DD for Zone 1 & Zone 2 Landscape Maintenance: Weed removal, chemical weed control, plant replacement, fertilization, hedge pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing, trash/debris pick-up, clearing walk ways.
$188,136 Per Yr.

Nicholas Haecker, Public Works
Director
(661) 902-9987 [email protected]
City of Banning Term: 2022-2023
Landscape Maintenance Parks
Landscape Maintenance - Turf management, shrub bed maintenance, tree care and pruning, fertilization, environmental weed and pest control program, irrigation and operations for various locations.
$92,399 Per Yr.

Ralph Wright, Parks and Recreation
Director
(909) 219-0980 [email protected]
City of Moreno Valley Term: 2012-Current
Landscaping Services
Landscape Maintenance of City Parks, Medians and Parkways- Irrigation, aeration, fertilization, mowing, edging, pruning, weed control, pest control and debris removal.
$241,628 Per Yr.

Dan Monto, Landscape Supervisor (951) 413-3485 [email protected] 622
Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 C. Firm Staffing and Key Personnel

1. Staffing
Anticipated Approach
No. of
Employees Job Titles Description of Work
Supervision
1 Field
Supervisor
They will oversee the operations of the crews, ensuring they work efficiently and safely. Will keep in close contact with account managers and customers to update them on job progress and quality.

Shrub and Ground Cover Pruning Crew
1 Foreman
The foreman will be responsible for carrying out the daily litter pickup. This includes driving the whole entire site and removing all litter, dog droppings and dumped items. Also, includes blowing down sidewalks. The foreman will be onsite daily Monday through Friday and will be responsible for making sure all tasks as completed per specifications. Also, includes documenting and communicating work reports and hazardous conditions.
1 Laborers
The laborer assigned to this contract will be responsible for assisting with all routine tasks.

Raking / Shrub and Ground Cover Pruning
1 Foreman
The foremen will be responsible for carrying out the pruning schedule and DG raking. This includes all pruning of shrubs and ground cover as well as documenting and communicating work reports and hazardous conditions. The foremen will be in direct contact with the Account Manager.
1 Laborer
The laborers assigned to this contract will be responsible for assisting all routine pruning tasks, including all pruning of shrubs and ground cover.

Irrigation
1 Irrigation
Technician
The irrigation technician will be responsible for all irrigation repairs and monitoring. They will report directly to Account Manager. *Crew contingent, may change upon contract signing; however, assigned employees will be of comparable experience. We are committed to delivering exceptional service and are prepared to provide additional personnel as needed to meet your city’s requirements. 623
Our Core Values – Safety • Teamwork • Quality • Integrity Page 13

2. Key personnel
Mariposa Landscapes has the experience and capacity to provide additional personnel as needed. Our many successful years in providing similar maintenance services for the public entities, enables us to be the most responsive and qualified firm who will be committed to providing the best level of service in maintaining the public areas and facilities of the City of Palm Desert.

Luis Valenzuela, Landscape Maintenance Division Manager Experience
Luis has over 25 years’ experience in the landscape industry. He has progressed steadily up the ranks in Mariposa to move from laborer to Manager over landscape maintenance Operations.

Licenses & Certifications
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 ISA Certified Arborist WE-8713A
 Certification – Effective Business Leadership & Development – PDC/GCC Ongoing Training
 Constant on-going OSHA safety training
Andres Perez – Account Manager
 25+ years of experience in the landscape industry
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 Certificate – Irrigation Design
 Certificate – Irrigation Troubleshooting
 CVAG Overseeding Certificate
Arnulfo Aguilera – Field Supervisor
 8 years of experience in Landscape Maintenance
 Qualified Applicator License: category B
TBD – Foreperson
 Minimum of 5 years of experience in the landscape industry TBD – Laborer
 Minimum of 1 year of experience in the landscape industry with knowledge in landscape irrigation troubleshooting and repair
TBD – Irrigator
 Minimum of 5 years of experience in the landscape industry 624
Our Core Values – Safety • Teamwork • Quality • Integrity Page 14

3. Team Organization
Names Role and Responsibility
Account Manger
Andres Perez
Andres is the go-to person for project management, acting as the main contact with the City and will be in close communication with the foreman and field supervisor. He handles all aspects of project management, prioritizing safety, high-quality work, operational efficiency, and outstanding customer service. Andres also conducts walk-throughs to ensure punch lists are completed and makes improvements to enhance the quality of work.

Field Supervisor
Arnulfo
Aguilera
He will oversee the operations of the crews, ensuring they work efficiently and safely. You'll keep in touch with account managers and customers to update them on job progress and quality.

Foreperson
TBD
This person will be responsible for daily litter pickup, which includes driving the entire site to remove litter, dog droppings, and dumped items, as well as blowing down sidewalks. They will be onsite Monday through Friday, handling all tasks per specifications, and documenting and communicating work reports and hazardous conditions. Additionally, a foremen will manage the pruning schedule and DG raking, including pruning shrubs and ground cover. They will also document and communicate work reports and hazardous conditions, maintaining direct contact with the Account Manager & Field Supervisor.

Laborer
TBD The laborer assigned to this contract will be responsible for assisting with all routine tasks.

Irrigation Technician
TBD
The irrigation technician will be responsible for all irrigation repairs and monitoring. They will report directly to Account Manager.

4.Subcontractors
Mariposa Landscapes, Inc., hereby confirms that all required work will be conducted by Mariposa Landscapes, Inc.’s own work crews and no subcontractors will be used for this contract.
625
Our Core Values – Safety • Teamwork • Quality • Integrity Page 15 D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the services to the city.

Project Startup and Quality Control Coordination Meeting The Project Estimator and the Account Manager will review the project specifications and visit the project site(s) to develop a work plan for completing the project according to specifications. A meeting, including the Account Manager and key personnel responsible for the work, will be held to discuss and coordinate how the project will be executed.

Documentation
Before starting contract work, we will thoroughly inspect and document any deficiencies. Once this is completed for each location, we will provide a detailed list and, if applicable, a proposal for restoring the area to its original condition. During the meeting, the Account Manager will communicate the quality requirements for the tasks and emphasize the importance of critical requirements. Topics for the meeting will include:
 Project requirements per specifications
 Record-keeping documents and availability of necessary forms  Review of methods, sequence of work tasks, and timeline Preparatory Site Inspection
The Account Manager will perform a quality inspection of the work area to:
 Assess the required work per specifications
 Verify field measurements
 Ensure the availability of required equipment and materials  Identify potential problems and develop an action plan to resolve them Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule that includes all routine activities. After submission and approval of this schedule, we will be ready to start work.

Labor
Our proposal is designed to provide full-time employees to the project on a year-round basis. Our goal is to deliver professional results, so we will assign the appropriate and trained crew necessary to complete the specified activities in a professional and timely manner. The appropriate labor will be assigned for every aspect of the work to achieve the desired results. 626
Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 Work Plan
All workers and crews assigned to the City of Palm Desert contracts will arrive at various locations within the city according to the tasks and schedule, which will be submitted at the start of the contract.

General / Daily Maintenance Tasks, such as trash and litter removal, can liner change-outs, visual inspections, and other routine tasks, will be performed by on-site workers.

Specialty Areas / Tasks and less frequent tasks will be handled by both on-site workers and other Mariposa crews assigned to this contract.

Weed control - will involve both manual methods and chemical applications. Manual weed control will be carried out by the designated crew, while chemical applications requiring certifications will be performed by qualified crew members (e.g., QAC, QAL).

Landscape Maintenance Tasks, including trimming and maintaining trees, shrubs, vines, and ground cover, will be performed by the crew designated to the contract. The on-site crew will handle all aspects of the maintenance requirements.

Please see next page for a sample schedule to achieve the scope of work. 627
Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 628
Our Core Values – Safety • Teamwork • Quality • Integrity Project Team Resumes
Mariposa Landscapes has the experience and capacity to provide additional personnel as needed. Our many successful years in providing similar maintenance services for the public entities, enables us to be the most responsive and qualified firm who will be committed to providing the best level of service in maintaining the public areas and facilities of the City of Palm Desert.

Licenses & Certifications
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 ISA Certified Arborist WE-8713A
 Certification – Effective Business Leadership & Development – PDC/GCC Ongoing Training
 Constant on-going OSHA safety training
Andres Perez – Account Manager
 25+ years of experience in the landscape industry
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 Certificate – Irrigation Design
 Certificate – Irrigation Troubleshooting
 CVAG Overseeding Certificate
Arnulfo Aguilera – Field Supervisor
 8 years of experience in Landscape Maintenance
 Qualified Applicator License: category B
TBD – Foreperson
 Minimum of 5 years of experience in the landscape industry TBD – Laborer
 Minimum of 1 year of experience in the landscape industry with knowledge in landscape irrigation troubleshooting and repair
TBD – Irrigator
 Minimum of 5 years of experience in the landscape industry 629
Our Core Values – Safety • Teamwork • Quality • Integrity Page 1 February 21, 2025
Mariposa Landscapes, Inc. Extra Work Pricing Breakdown
Please see below for the Additional Pricing Schedule with notes in red:
630
Our Core Values – Safety • Teamwork • Quality • Integrity Page 2 February 21, 2025
Mariposa Landscapes, Inc. Rights of Way Maintenance Rates Please see below for Rights of Way Maintenance Rates with notes in red:

Regarding 5 - 8 above for the Rights of Way Maintenance:

The rates for Traffic Control, Materials, Equipment Rentals, and Dump Fees were submitted as placeholders due to the OpenGov submittal portal's requirement for numerical entries only. We remain committed to providing more accurate pricing for each additional work project assigned to us. For these projects, our pricing model will be based on actual costs plus a 15% markup. *Contingent upon job , please see below
*Contingent upon job , please see below
*Contingent upon job , please see below
*Contingent upon job , please see below
631
632
Clancy Ln
Vista del Sol
Hovley Lane W
Country Club Dr
Bob Hope Dr
Monterey Av
Portola Avenue
unrise Country
Club
Monterey
Country Club
Desert Willow
ancho Mirage
Palm Desert
Bursera Way
Haystack Road
74 111
Ironwood
Country Club
Shadow
Mountain
Resort
Canyons At
Bighorn
Stone Eagle
Golf Club
Bighorn
uilla Hills
Darby
Yucca Ln
Warner Trail
Merle Drive
Fred Waring Dr Fred
Cook Street
Washington Street
Indian Wells
Golf Course
Toscana
Country Club
Indian Ridge
Country Club
Palm Valley
Country Club
The Lakes
Country Club
Desert Falls
Country Club
Palm Desert
Country Club
Avenida Diaz
Miles Ave
Calle Sonora
Fairway Dr
111
El Dorado
Country Club
La Quinta
Resort & Club
Indian Wells
Country Club
La Quinta
Country Club
Vintage Club
Indian Wells
La Quinta
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
Date: 2024
LMA 1
I
VICINITY MAP 633
634

Page 1 of 4 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 24, 2025
PREPARED BY: Brad Chuck, Public Works Superintendent
Shawn Muir, Community Services Manager
REQUEST: AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CA, FOR LANDSCAPE MAINTENANCE AREA NO. 2 AND INCLUDE ALLOWABLE EXTRA WORK AND SERVICES (PROJECT NO.

MLS00009)
RECOMMENDATION:

1. Award a Maintenance Services Agreement with Mariposa Landscapes, Inc., of Irwindale, California, for Landscape Maintenance Area No. 2 in the annual amount of $288,588 subject to CPI increases, for a three-year term, with two one-year extensions options.

2. Authorize allowable extra work for street maintenance and landscape services in an annual amount not to exceed $105,000.

3. Authorize the City Attorney to make necessary non-monetary changes to the agreement.

4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

Landscape Maintenance Area No. 2 (LMA 2) encompasses the northern medians of Palm Desert and plays a key role in enhancing the city’s visual appeal. By keeping these public spaces wellmaintained, LMA 2 contributes to a welcoming and attractive environment for both residents and visitors.

Previously, the median landscape maintenance was divided among three separate areas—LMA 1, LMA 2, and LMA 4, which were managed by different vendors. This fragmented approach led to inconsistencies in service quality. To streamline operations and improve consistency, the City consolidated the three areas into a single maintenance contract under LMA 1 in 2021. The consolidated contract was awarded to Mariposa Landscapes, Inc. for a five-year term at an annual cost of $483,828.

In March 2024, Change Order No. 3 added $150,000 annually to include maintenance for nonlandscaped areas, increasing the annual contract amount to $661,408.56 and extra work to $125,000 annually. However, ongoing irrigation charges-excluded from the original agreementprompted a re-bid of the contract and divided it into two separate areas: LMA 1 for the southern City medians and LMA 2 for the northern medians, aiming for better oversight and efficiency.

The updated approach aligns with regional best practices and includes detailed cost sheets for plant materials and irrigation repairs, helping with better cost control and transparency. 635
City of Palm Desert
Award Contract for Landscape Maintenance Area 2

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Given the unpredictable nature of maintenance work—such as vandalism, accidents, and natural wear—estimating repair needs in advance is challenging. By requiring upfront hourly rates or itemized pricing for such repairs, the City can prevent cost inflation, minimize delays from multiple vendors working simultaneously, and enhance accountability by eliminating disputes over repair responsibilities.

On November 26, 2024, the project was advertised for proposals through the City’s bid management portal OpenGov (PROJECT ID: 2024-RFP-146), and on January 6, 2025, received three proposals electronically. A selection committee evaluated the Proposals and scored them based on the following criteria:
 Clarity and conformance of proposal to the RFP (10%)
 Content of the proposal, including the work plan (25%)  Proposer’ s experience and performance (35%)
 Team members’ experience (10%)
 Comments by references (5%)
 Fee proposal (15%)
The proposals were ranked numerically as follows:

VENDOR LOCATION RANKING BID

AMOUNTS

ADDITIONAL
WORK
TOTAL
AMOUNT
Mariposa Landscapes Irwindale, CA 1 $288,588 $105,000 $393,588 Kirkpatrick Landscape Bermuda Dunes, CA 2 $378,828 $105,000 $483,828 Universal Green LLC Desert Hot Springs, CA 3 $319,200 $105,000 $424,200 Mariposa Landscapes, Inc. was the highest-ranked proposal with an aggregate score of 85.67.

The second ranking proposal from Kirkpatrick Landscape is approximately $90,000 more and its staffing plan is not as robust as that of Mariposa’s, as shown in the chart below:

Based on the review, staff recommend awarding a contract to Mariposa Landscapes, Inc. for a 36-month period beginning July 1, 2025, with an option for two one-year extensions.

The base contract includes monthly maintenance tasks such as raking, weed abatement, pruning, irrigation inspections, trash and debris removal, and other routine services performed according to a City-provided frequency schedule. Given the vendor’s demonstrated efficiency 636
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and familiarity with the City’s requirements, this agreement will enable the Landscape Division to maintain continuity and uphold City standards. The vendor’s expertise in these areas ensures faster response times and cost-effective solutions. Additionally, the vendor will allocate more staff to efficiently maintain and service these areas, justifying the increase.

The total funding request for as needed extra work amounts to $105,000. This ensures that the funding limit is not exceeded while addressing essential tasks for public space upkeep and safety.

2. Public Spaces Maintenance – $30,000
Supports and supplements maintenance services for the upkeep of Rights of Way (ROW), vacant medians, drainage channels, vacant parcels, and other public spaces currently maintained by City staff to enhance public safety and maintain clear visibility, including:
 Weed abatement
 Litter removal
 Sidewalk cleaning
 Other related maintenance activities
When extra work arises, the vendor responsible for maintaining the designated LMA is typically the most cost-effective and responsive option, as their staff is already on site. Additionally, staff have observed challenges when an outside vendor performs work in an area maintained by another vendor. Using the same vendor for both maintenance and extra work promotes continuity and minimizes potential conflicts.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Strategic Plan:

Landscape Maintenance Area No. 2 is an on-going maintenance activity and, as such, does not contribute directly to the objectives of the Strategic Plan. 637
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FINANCIAL IMPACT:

Funds for the maintenance of Landscape Maintenance Areas 2 are included in the Public Works Department’s proposed operations budget for Fiscal Year 2025/26 in Account No. 1104614- 4337001, R/M Median Landscaping, and 1104310-4332000, R/M Streets. The table below outlines the maintenance costs for both LMA 1 and 2:

Description Proposed Budget Contract Amount Balance
1104614-4337001 $875,000
1104310-4332000 $50,000
LMA 1 – contract $367,764
LMA 1 – extra work $95,000
*LMA 2 – contract $288,588
*LMA 2 – extra work $105,000
Total $925,000 $856,352 $68,648
*Current request is for LMA 2
Funding for this agreement in future fiscal years is contingent upon City Council approval of the budget request.

ATTACHMENTS:

1. Maintenance Services Agreement

2. Payment & Performance Bonds

3. Mariposa Landscapes, Inc. Proposal

4. LMA 2 Vicinity Map
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CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 24th day of April, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Mariposa Landscapes, Inc., an S Corporation, with its principal place of business at 6232 Santos Diaz Street, Irwindale, CA 91702 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

2.2 Project.

The City is a public agency of the State of California and is in need of services for the following project:

Landscape Maintenance Area No. 2 Project
Project No. MLS00009
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 639
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means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. 640
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Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
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3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 642
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. (Reserved)
(F) Cyber Liability Insurance. (Reserved)
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 643
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City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 644
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by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 645
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3.2.13 Bonds.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 646
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3.2.15 Work Sites.

No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) 647
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damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall not exceed Two Hundred Eighty-Eight Thousand Five Hundred Eighty-Eight Dollars ($288,588.00) for monthly landscape services without the written approval of the City Council or City Manager, as applicable. The City may request additional work at the same rates and manner as set forth in this Agreement on an as needed basis as specified in Section 3.3.5. Contractor shall not perform Extra Work, presume Extra Work will be guaranteed, nor be compensated for Extra Work without written authorization from the City. Work performed as Extra Work shall not exceed the annual amount of One Hundred and Five Thousand Dollars ($105,000.00). Contractor shall not be reimbursed for any expenses unless authorized by the City Council or City Manager, as applicable.

3.3.2.1 Retainer. (Reserved)

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including 648
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Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim 649
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or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.5 General Provisions.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or 650
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persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, 652
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understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. (Reserved)
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND MARIPOSA LANDSCAPES, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
MARIPOSA LANDSCAPES, INC., AN S

CORPORATION
By:

Terry Noriega
President
By:

Antonio Valenzuela
Secretary
592268
Contractor’s License Number and
Classification
1000005079
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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EXHIBIT “A”

SCOPE OF SERVICES

LOCATIONS

1. EL DORADO DRIVE: Medians from Country Club Drive to Hovley Lane East

2. COUNTRY CLUB DRIVE MEDIANS AND PLANTER:
• Medians between Washington Street and Monterey Avenue • Excluding section along north perimeter of the Villa Portofino development • “Pork chop” planter on northwest corner at Washington Street

3. FRANK SINATRA DRIVE: Medians between Monterey Avenue and Eldorado Drive

4. DINAH SHORE DRIVE: Medians between Monterey Avenue and Key Largo

5. GERALD FORD DRIVE MEDIANS AND PLANTER:
• Medians between Monterey Avenue and Frank Sinatra Drive • “Pork chop” planter on southwest corner at Cook Street

6. WASHINGTON STREET OFF/ON RAMPS at Interstate 10

7. UNIVERSITY PARK CENTER MEDIANS AND ROUNDABOUTS:
• College Drive medians and roundabouts between Frank Sinatra Drive and Portola Avenue
• Pacific Avenue medians between Gerald Ford Drive and College Drive • University Park Drive medians between Cook Street and College Drive • Technology Drive medians between College Drive and Gerald Ford Drive

8. ACADEMY LANE EAST:
• Planters on Shepherd Lane and Portola Avenue to extend of boundary

9. WINDFLOWER COURT:
• Planters on Shepherd Lane and Portola Avenue

2.3 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk-through inspection of the contract area.

2.5 Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated.

3. SPECIFIC SERVICES TO BE PERFORMED

3.1 Plant Litter and Trash Control

3.2 Pest Control

3.2.2 Ants will be controlled on an as-needed basis, and is included in the scope of the contract.

3.2.3 Contractor shall immediately report any bee activity (swarms or hives) detected to the City of Palm Desert. Bee removal is the responsibility of City of Palm Desert.

3.2.7 Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred.

3.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work.
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3.3 Plant Maintenance

3.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public.

3.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from City of Palm Desert within one week of notification.

3.3.7 Plant material installed by the Contractor shall be warrantied for a period of ninety days from the date of acceptance by the City’s Representative.

3.4 Tree Maintenance

3.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb 658
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is considered a hazard and upon notice from City of Palm Desert, Contractor must remove such limbs by close of business the same day.

3.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date of the acceptance by the City’s Representative.

3.5 Hardscape, and Decomposed Granite (DG) Planter Areas

3.5.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule.

3.5.2 Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping. Blower throttle to be maintained at the lowest practical setting possible.

3.5.5 Pressure washing, at a minimum pressure rating of 3000 PSI, at dog parks must include the use of a City of Palm Desert-approved non-toxic biodegradable cleaning agent.

3.6 Irrigation System Maintenance

Contractor will schedule irrigation to provide adequate irrigation to plant material while conserving 659
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
water as much as possible. NOTE: Irrigation systems are not Smart Controllers and will require manual adjusting.

Contractor to provide monthly irrigation report.

3.6.3 Repairs or replacements to the irrigation system shall be made with like parts.

3.6.4 Contractual irrigation system maintenance includes all labor for system inspections, adjustments, repairs and installations for all system components, in-line irrigation valves, including internal and electrical components, irrigation wires from the timer to the valve, and all mainline and lateral line repairs two inches (2”) and smaller in diameter, unless damage is caused by vandalism. Should vandalism occur, the Contractor is to notify City of Palm Desert staff immediately and prior to the repair work. All irrigation rotors, bubblers, emitters, associated fittings, and valve boxes shall also be included under contractual system maintenance. Any repair work outside of this scope will be considered extra work and paid accordingly. All parts shall be provided by the Contractor and will be reimbursed by the City of Palm Desert at actual cost plus a fifteen percent (15%) mark-up, unless the replacement is due to damage caused by the Contractor’s operation, in such case the Contractor shall bear the entire cost. Adjustments, repairs and installations shall include:
 Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections (where applicable). Automatic valves will be activated from the irrigation controller, not from the bleeder valve.  The electrical circuit from the irrigation controller to the valve will be checked for proper operation. Labor cost for the actuators replacement shall be included in the contract lump sum bid price, and no additional compensation shall be allowed therefor.  Filter, filter screen, and filter valve box cleaning.  Lateral lines will be checked for breaks and leaks and will be flushed at least yearly and additionally when necessary to ensure proper system performance.

3.6.5 Non-contractual irrigation system repairs:
 No non-contractual work will be initiated without an approved City of Palm Desert Work Order.
 When irrigation system malfunction or damage is detected, the repair of which is noncontractual in nature, Contractor will flag the location and notify City of Palm Desert before the close of business the same workday.
 Upon receipt of an approved Work Order, repairs to a non-operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order.
 All repairs deemed non-contractual will be paid on a time-and-materials basis.  Labor will be billed per the rates under the Performance of Extra Work heading.  Materials will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion; materials may be supplied to Contractor by City of Palm Desert.
 Contractor shall return to City of Palm Desert all irrigation parts that have been replaced. 660
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
City of Palm Desert will perform regular inspections of irrigation systems to ensure accuracy of Contractor’s irrigation reports. If discrepancies are found, City of Palm Desert shall consider this a performance deficiency.
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Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “B”

SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
662
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Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
The total annual compensation shall not exceed Two Hundred Eighty-Eight Thousand Five Hundred Eighty-Eight Dollars ($288,588.00) and may only be adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San Bernardino-Ontario, CA Region rate for the 12-month period ending May, with written approval from the City Council or City Manager following FY 2025-26, as applicable.

Line Item Site Description Quantity
Unit of
Measure
Monthly Unit
Price Annual Total
2 COUNTRY CLUB DRIVE MEDIANS AND PLANTER: Medians
between Washington Street and Monterey Avenue, Excluding section along north perimeter of the Villa Portofino
development, “Pork chop” planter on northwest corner at Washington Steet
12 Months $7,215.00 $86,580.00
3 FRANK SINATRA DRIVE MEDIANS: Medians between
Monterey Avenue and Eldorado Drive
12 Months $4,810.00 $57,720.00
4 DINAH SHORE DRIVE Medians between Monterey Avenue and Key Largo
12 Months $240.00 $2,880.00
5 GERALD FORD DRIVE MEDIANS AND PLANTER: Medians
between Monterey Avenue and Frank Sinatra Drive, “Pork chop” planter on southwest corner at Cook Street
12 Months $4,810.00 $57,720.00
6 WASHINGTON STREET OFF/ON RAMPS at Interstate 10 12 Months $3,126.00 $37,512.00 7 UNIVERSITY PARK CENTER MEDIANS AND ROUNDABOUTS:

College Drive medians and roundabouts between Frank Sinatra Drive and Portola Avenue, Pacific Avenue medians between Gerald Ford Drive and College Drive, University Park Drive medians between Cook Street and College Drive, Technology Drive medians between College Drive and Gerald Ford Drive 12 Months $1,925.00 $23,100.00
8 ACADEMY LANE EAST: Planters on Shepherd Lane and Portola Avenue to extent of boundary
12 Months $240.00 $2,880.00
9 WINDFLOWER COURT: Planters on Shepherd Lane and Portola Avenue 12 Months $240.00 $2,880.00
TOTAL $288,588.00
663
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
From time to time, the Contractor may be called upon to assist with the maintenance of Rights of Way (ROW) in order to ensure public safety and maintain clear visibility. These requests will be made on an as-needed basis, with the scope of work determined by the specific requirements of each situation. Typical duties may include, but are not limited to, the removal of excessive blow sand, controlling the growth of weeds, trimming overgrown vegetation, clearing debris, and performing general maintenance to preserve the integrity and accessibility of the ROW. The Contractor will be expected to act promptly to address these concerns to ensure the area remains safe and navigable for the public.

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Mariposa Landscaping, Inc., (hereinafter referred to as the “Contractor”) an agreement for Landscape Maintenance Area No. 2 Project, Project No. MLS00009 Project (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, Mariposa Landscaping, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Three Hundred Ninety-Three Thousand Five Hundred Eighty-Eight Dollars, ($393,588.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Contract No. ___________

Landscape Maintenance Area No. 2 Project, Project No. MLS00009 (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 24, 2025, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Three Hundred Ninety-Three Thousand Five Hundred Eighty-Eight Dollars, ($393,588.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 672
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-146
Landscape Maintenance Area (LMA) No. 2
RESPONSE DEADLINE: January 6, 2025 at 5:00 pm
Report Generated: Monday, January 13, 2025
Mariposa Landscapes, Inc. Response

CONTACT INFORMATION
Company:

Mariposa Landscapes, Inc.

Email:
[email protected]
Contact:

Larry Rudd
Address:
6232 Santos Diaz St.

Irwindale, CA 91702
Phone:
(626) 960-0196 Ext: 2730
Website:
www.mariposa-ca.com
Submission Date:

Jan 6, 2025 9:39 AM (Pacific Time)
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Dec 16, 2024 1:30 PM by Larry Rudd

QUESTIONNAIRE

A. Cover Letter

B. Experience and Technical Competence

1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.

C. Firm Staffing and Key Personnel

1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 678
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2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.

3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.

4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.

D. Proposed Method to Accomplish the Work

Palm_Desert_RFP_LMA_2_-_MLI.pdf

2. Non-Collusion Declaration*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. 679
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

5. Type of Business*
S Corporation (if corporation, two signatures are required)

6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
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N/A

9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.

Project_Team_Resumes_-_MLI.pdf

10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
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PRICE TABLES

CONTRACTORS PROPOSAL PRICE BY LOCATION
Line Item Site Description Quantity Unit of
Measure
Monthly Unit
Price
Annual Total
1 El Dorado Drive: Medians from Country Club Drive to Hovley Lane East 12 Months $1,443.00 $17,316.00 683
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Line Item Site Description Quantity Unit of
Measure
Monthly Unit
Price
Annual Total
2 COUNTRY CLUB DRIVE MEDIANS AND PLANTER: • Medians between Washington Street and Monterey Avenue • Excluding section along north perimeter of the Villa Portofino development • “Pork chop” planter on northwest corner at Washington Street
12 Months $7,215.00 $86,580.00
3 FRANK SINATRA DRIVE MEDIANS: Medians between Monterey Avenue and Eldorado Drive
12 Months $4,810.00 $57,720.00
4 DINAH SHORE DRIVE Medians between Monterey Avenue and Key Largo 12 Months $240.00 $2,880.00 5 GERALD FORD DRIVE MEDIANS AND PLANTER: • Medians between Monterey Avenue and Frank Sinatra Drive • “Pork chop” planter on southwest corner at Cook Street
12 Months $4,810.00 $57,720.00
6 WASHINGTON STREET OFF/ON RAMPS at Interstate 10 12 Months $3,126.00 $37,512.00 7 UNIVERSITY PARK CENTER MEDIANS AND ROUNDABOUTS: • College Drive medians and roundabouts between Frank Sinatra Drive and Portola Avenue • Pacific Avenue medians between Gerald Ford Drive and College Drive • University Park Drive medians between Cook Street and College Drive • Technology Drive medians between College Drive and Gerald Ford Drive
12 Months $1,925.00 $23,100.00
8 ACADEMY LANE EAST: • Planters on Shepherd Lane and Portola Avenue to extend of boundary
12 Months $240.00 $2,880.00
9 WINDFLOWER COURT: • Planters on Shepherd Lane and Portola Avenue 12 Months $240.00 $2,880.00 TOTAL $288,588.00

RIGHTS OF WAY MAINTENANCE RATES
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From time to time, the Contractor may be called upon to assist with the maintenance of Rights of Way (ROW) in order to ensure public safety and maintain clear visibility. These requests will be made on an as-needed basis, with the scope of work determined by the specific requirements of each situation. Typical duties may include, but are not limited to, the removal of excessive blow sand, controlling the growth of weeds, trimming overgrown vegetation, clearing debris, and performing general maintenance to preserve the integrity and accessibility of the ROW. The Contractor will be expected to act promptly to address these concerns to ensure the area remains safe and navigable for the public.

Line Item Description Unit Cost Unit Cost
1 Supervisor Hourly Rate $80.00
2 Spray Tech Hourly Rate $68.00
3 Foreman Hourly Rate $65.00
4 Laborer Hourly Rate $48.00
5 Traffic Control Cost $1,320.00
6 Materials Cost $500.00
7 Equipment Rentals Cost $1,000.00
8 Dump Fees Cost $1,000.00
685
Landscape Maintenance Area (LMA) No. 2
Due Date: January 6, 2024 at 5:00pm
686
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 3 Executive Summary
Mariposa Landscapes, Inc. offers the City of Palm Desert unique qualifications with a high level of experience to fulfill all requirements of this RFP. Our goal is to provide professional maintenance services with an emphasis on excellent results. Results are what we, as a contractor and the City of Palm Desert, will ultimately be judged by. We intend to provide clean, safe, and well-maintained areas that the City of Palm Desert and its residents can be proud of.

Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule that includes all routine activities. After submission and approval of this schedule, we will be ready to start work.

Authorized individual to negotiate agreement terms and compensation:

Terry Noriega, President I 6232 Santos Diaz St. Irwindale, CA 91744 I (626) 960-0196 688
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 Table of contents
A. Cover Letter ................................................................................................................................ 2 Executive Summary ......................................................................................................................... 3 Table of contents ............................................................................................................................ 4 B. Experience and Technical Competence ...................................................................................... 5 C. Firm Staffing and Key Personnel ............................................................................................... 12 D. Proposed Method to Accomplish the Work ............................................................................. 15 689
Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 B. Experience and Technical Competence

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

With our experienced and dedicated staff 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
 Contractor’s license in two states
 Over 800 employees
 Insured – $1 million workers comp, $10 million in aggregate general liability limit  $100 million in bonding capacity
 Over 95 awards for project excellence
690
Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 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.

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 well-being of our employees, customers and vendors is important to us.
691
Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 Proposer Identification
Legal Name: Mariposa Landscapes, Inc.

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.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 8 Our Services

Landscape Maintenance
 Private, Commercial, Public Works 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 Disposal of Trimmings.
 GIS Tree mapping and asset management
 Certified Workers & Comprehensive Insurance Coverage. 693
Our Core Values – Safety • Teamwork • Quality • Integrity Page 9

WATER CONSERVATION
Our performance backs our promises

CHADWICK APARTMENTS
Maintain an attractive landscape with less water.

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

DESIGN IMPLEMENTATION
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.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 Office Locations

Los Angeles County
15529 Arrow Highway
Irwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809

Orange County
1107 E. Walnut St
Santa Ana, CA 92701
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

Riverside County
13333 S. Central Ave
Chino, CA 91710
Phone 626 960-0196
Fax 626 960-8477

L.A. – South Bay
1650 W 130th 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

Palm Springs
78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477

San Diego County
1833 Oceanside Blvd.

Oceanside, CA 92054
Phone 626 960-0196
Fax 626 960-8477

Arizona
7677 N. 67th Avenue
Glendale, AZ 85301
Phone 623 463-2200
Fax 623 463-2223
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 11

Dan Monto, Landscape Supervisor (951) 413-3485 [email protected] 696
Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 C. Firm Staffing and Key Personnel

1. Staffing
Anticipated Approach
No. of
Employees Job Titles Description of Work
Supervision
1 Field
Supervisor
They will oversee the operations of the crews, ensuring they work efficiently and safely. You'll keep in touch with account managers and customers to update them on job progress and quality.

Shrub and Ground Cover Pruning Crew
1 Foreman
The foreman will be responsible for carrying out the daily litter pickup. This includes driving the whole entire site and removing all litter, dog droppings and dumped items. Also, it includes blowing down sidewalks. The foreman will be onsite daily Monday through Friday and will be responsible for making sure all tasks as completed per specifications. Also, it includes documenting and communicating work reports and hazardous conditions.
1 Laborers
The laborers assigned to this contract will be responsible for assisting with all routine tasks.

Irrigation
1 Irrigation
Technician
The irrigation technician will be responsible for all irrigation repairs and monitoring. They will report directly to Account Manager. *Crew contingent, may change upon contract signing; however, assigned employees will be of comparable experience. We are committed to delivering exceptional service and are prepared to provide additional personnel as needed to meet your city’s requirements. 697
Our Core Values – Safety • Teamwork • Quality • Integrity Page 13

Licenses & Certifications
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 ISA Certified Arborist WE-8713A
 Certification – Effective Business Leadership & Development – PDC/GCC Ongoing Training
 Constant on-going OSHA safety training
Andres Perez – Account Manager
 25+ years of experience in the landscape industry
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 Certificate – Irrigation Design
 Certificate – Irrigation Troubleshooting
 CVAG Overseeding Certificate
Obed Mendez – Field Supervisor
 18 years of experience in Landscape Maintenance
 Qualified Applicator License: category B
TBD – Foreperson
 Minimum of 5 years of experience in the landscape industry TBD – Laborer
 Minimum of 1 year of experience in the landscape industry with knowledge in landscape irrigation troubleshooting and repair
TBD – Irrigator
 Minimum of 5 years of experience in the landscape industry 698
Our Core Values – Safety • Teamwork • Quality • Integrity Page 14

Field Supervisor
Obed
Mendez
He will oversee the operations of the crews, ensuring they work efficiently and safely. You'll keep in touch with account managers and customers to update them on job progress and quality.

Laborer
TBD The laborers assigned to this contract will be responsible for assisting with all routine tasks.

Irrigation Technician
TBD
The irrigation technician will be responsible for all irrigation repairs and monitoring. They will report directly to Account Manager.

4.Subcontractors
Mariposa Landscapes, Inc., hereby confirms that all required work will be conducted by Mariposa Landscapes, Inc.’s own work crews and no subcontractors will be used for this contract.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 15 D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the services to the city.

Labor
Our proposal is designed to provide full-time employees to the project on a year-round basis. Our goal is to deliver professional results, so we will assign the appropriate and trained crew necessary to complete the specified activities in a professional and timely manner. The appropriate labor will be assigned for every aspect of the work to achieve the desired results. 700
Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 Work Plan
All workers and crews assigned to the City of Palm Desert contracts will arrive at various locations within the city according to the tasks and schedule, which will be submitted at the start of the contract.

General / Daily Maintenance Tasks, such as trash and litter removal, can liner change-outs, visual inspections, and other routine tasks, will be performed by on-site workers.

Specialty Areas / Tasks and less frequent tasks will be handled by both on-site workers and other Mariposa crews assigned to this contract.

Please see next page for a sample schedule to achieve the scope of work. 701
Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 702
Our Core Values – Safety • Teamwork • Quality • Integrity Project Team Resumes
Mariposa Landscapes has the experience and capacity to provide additional personnel as needed. Our many successful years in providing similar maintenance services for the public entities, enables us to be the most responsive and qualified firm who will be committed to providing the best level of service in maintaining the public areas and facilities of the City of Palm Desert.

Licenses & Certifications
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 ISA Certified Arborist WE-8713A
 Certification – Effective Business Leadership & Development – PDC/GCC Ongoing Training
 Constant on-going OSHA safety training
Andres Perez – Account Manager
 25+ years of experience in the landscape industry
 Qualified Applicator License, Category B
 Certified Landscape Technician, Irrigation
 Certificate – Irrigation Design
 Certificate – Irrigation Troubleshooting
 CVAG Overseeding Certificate
Obed Mendez – Field Supervisor
 18 years of experience in Landscape Maintenance
 Qualified Applicator License: category B
TBD – Foreperson
 Minimum of 5 years of experience in the landscape industry TBD – Laborer
 Minimum of 1 year of experience in the landscape industry with knowledge in landscape irrigation troubleshooting and repair
TBD – Irrigator
 Minimum of 5 years of experience in the landscape industry 703
Our Core Values – Safety • Teamwork • Quality • Integrity Page 1 February 21, 2025
Mariposa Landscapes, Inc. Extra Work Pricing Breakdown
Please see below for the Additional Pricing Schedule with notes in red:
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 2 February 21, 2025
Mariposa Landscapes, Inc. Rights of Way Maintenance Rates Please see below for Rights of Way Maintenance Rates with notes in red:

Regarding 5 - 8 above for the Rights of Way Maintenance:

The rates for Traffic Control, Materials, Equipment Rentals, and Dump Fees were submitted as placeholders due to the OpenGov submittal portal's requirement for numerical entries only. We remain committed to providing more accurate pricing for each additional work project assigned to us. For these projects, our pricing model will be based on actual costs plus a 15% markup. *Contingent upon job , please see below
*Contingent upon job , please see below
*Contingent upon job , please see below
*Contingent upon job , please see below
705
706
Desert Moon Dr
Arbol Real
Via Las Palmas
30th Ave
Thousand
Palms
Clancy Ln
Vista del Sol
Monterey Ave
Portola Avenue
Monterey Avenue
Monterey
Country Club
Desert Willow
Ramon Rd
Washington St
Ivey Ranch
Country Club
Hidden Palms
Willis Palms
Varner Rd
Darby Rd
Yucca Ln
Avenue 38
Avenue 41
Warner Trail
Varner Rd
Hovley Lane E
Frank Sinatra Drive
Cook Street
Washington Street
Sun City Palm
Desert Golf
Course
Classic Club
Golf Course
Toscana
Country Club
Indian Ridge
Country Club
Palm Valley
Country Club
The Lakes
Country Club
Desert Falls
Country Club
Palm Desert
Country Club
Coachella
Valley National
Wildlife Refuge
Bermu
Dun
Desert Palm
City of Palm Desert, County of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS
I

VICINITY MAP
LMA 2
Date: 2024 707
708

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Palm Desert City CouncilApril 24, 2025

Palm Desert City Council
April 24, 2025