Agenda packet, regular meeting — Palm Desert City Council, August 28, 2025 (part 5 of 9)

ADDENDA CONFIRMATION
Addendum # 1
Confirmed Aug 28, 2024 3:54 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

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. 520 843
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 3 ends

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.

Proposal_(Without_Cost).pdf

2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.

Fee_Proposal.pdf

3. Non-Collusion Declaration*
The undersigned declares:

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

Page 4 ends

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.

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

4. 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

5. 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

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

7. 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").
522 845
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

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523 846
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 6 ends

8. 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

9. 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").

Maximum response length: 5000 characters
N/A

10. 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.

Team_Resume.pdf

11. 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
524 847
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

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E. Phone Number
A. Terry Noriega
B. President
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. terry@mariposa- ca.com
E. ( 626) 960-0196
A. Antonio Valenzuela
B. Secretary
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. antonio@mariposa- ca.com
E. ( 626) 960-0196

12. 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
525 848
The City of Palm Desert
Parks and Landscape Enhancement Project 2024-RFP- 132
Bid Due: September 4, 2024, at 5:00 pm
526 849
527 850
Our Core Values – Safety • Teamwork • Quality • Integrity Page 3 Table of contents
Cover Letter .................................................................................................................................... 2 Experience and Technical Competence .......................................................................................... 4 References .................................................................................................................................... 11 Firm Staffing and Key Personnel ................................................................................................... 12 Proposed Method to Accomplish the Work ................................................................................. 17 Fee Proposal .................................................................................................................................. 24 We blend Nature and Craftsmanship
to create ultimate outdoor settings and extremely
satisfied customers”
528 851
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 Experience and Technical Competence
Background/ Introduction
Mariposa is a landscape contractor working in both Southern California and Arizona.

With our staff experience and dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance and tree care projects. Our presence in the Coachella Valley area has allow us to be an expert in Desert Landscape maintenance. With an additional branch office established in the area, Mariposa is able to showcase our expertise with increase efficiency.

Current areas of operation.

Highlights
Over 45 years in business
Contractor’ s license in two states
Over 800 employees
Insured – $ 1 million workers comp, $ 2 million in aggregate general liability 100 million in bonding capacity
Over 95 awards for project excellence
529 852
Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 Company Values
Safety This is the primary foundation of our company. We emphasize “ safety first” on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike.

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

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

Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall wellbeing of our employees, customers and vendors is important to us. 530 853
Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 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
Email Address: estimating@mariposa- ca.com
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753- 1
Date Incorporated: October 2, 1989
Licenses & Certificates
Contractors State License: 592268 C27, A, C61/ D49
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. 531 854
Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 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.
532 855
Our Core Values – Safety • Teamwork • Quality • Integrity Page 8

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.
533 856
Our Core Values – Safety • Teamwork • Quality • Integrity Page 9 Office Locations
Corporate Headquarters
6232 Santos Diaz Street
Irwindale, CA 91702
Phone 626 960-0196
Fax 626 960-8477
Our crew will be dispatched from a local branch office in Bermuda Dunes. The office location is about 6 miles away from the proposed sites.

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
534 857
Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 Organization Memberships & Staff Certifications
We are dedicated to having the best-trained workforce in the industry. As members of the California Landscape Contractors Association, we participate in the training programs offered by this industry organization. The CLCA sponsors a rigorous “ hands- on” test administered under actual field conditions. With only a 20% first time pass rate, only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. Many of the managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity in Southern California has achieved this many certifications.

We are members of the following organizations:

CACM ( California Association of Community Managers)
CAI Orange County ( Community Association Institute)
CAI Los Angeles ( Community Associations Institute)
CAI Greater Inland Empire ( Community Association Institute) CAI Coachella Valley ( Community Association Institute) ASA ( American Subcontractors Association)
BIA Southern California ( Building Industry Association) BIA Orange County ( Building Industry Association)
BOMA IE (Building Owners and Managers Association)
CLCA ( California Landscape Contractors Association)
ISA ( International Society of Arboriculture)
CAPCA ( California Association of Pest Control Advisors) Licensing and Certifications
California Contractor License 592268 C27- Landscaping, Class A-Engineering Certified Arborists on staff
Certified Tree Workers on staff
Tree Work – Line Clearance Certified
Tree Work – Line Clearance Certified Instructor
Certified Playground Equipment Inspectors
Certified Water Auditor
Certified Backflow Inspectors
Licensed Pest Control Company/ Pest Control Advisor
Certified Pest Control Applicators on staff
Corporate Tax I.D. Number: 95-4245898 California Corporate Tax I.D.: C1469653 California State Contractor’ s License Number: 592268 A, C-27 DIR Number: 1000005079 Pest Control Advisor’ s License: 74416 MBE Clearinghouse #: 20000326 Pest Control Business License: 30977 LA County LBE ( LABAVN): 106243 535 858
Our Core Values – Safety • Teamwork • Quality • Integrity Page 11 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.

City of Banning Term: 2022 - 2024
Landscape Maintenance Services for City Properties and Medians Scope includes turf management, shrub bed maint., tree care, pruning, fertilization, weed and pest control, irrigation repair and maintenance, mowing, and edging.
140,807 Per Yr.

Carl,
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 nhaecker@cityofdhs. org
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 mmunoz@cvwd. org 536 859
Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 Firm Staffing and Key Personnel
Management Organizational Chart
Management Staff Experience
Terry Noriega – President
45+ years of experience in landscape installation and maintenance B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona California Contractors Licenses: C-27, A, C61/ D49 and C-31 Pest Control Advisor in 6 Categories
Qualified Pest Control Applicator in 7 Categories
Certified Landscape Technician in Ornamental and Turf Maintenance ISA Certified Arborist WE-1182A
Arizona Contractor’ s License: ROC178088 K-21
Arizona Qualifying Party License: 8263
Arizona Pest Control Business License: 8246
President
Terry Noriega
Finance
Controller
Theresa Lu
Human Resources
HR Manager
Brandon Huang
Sales
VP Sales & Marketing
Larry Rudd
Corporate Resources
Manager
Saul Ruiz
Operations
VP Operations
Antonio Valenzuela
Maintenance
Division Manager
Luis Valenzuela
537 860
Our Core Values – Safety • Teamwork • Quality • Integrity Page 13 Antonio Valenzuela – VP Operations
Over 30 years of experience in landscape maintenance and irrigation troubleshooting
Pest Control Qualified Applicator in 3 Categories
Certified Landscape Technician in Ornamental and Turf Maintenance Certified Landscape Professional
Backflow Certification in Los Angeles County
Landscape Water Auditor: Cal Poly SLO
Past affiliation – Certified Playground Inspector
Larry Rudd – V.P. of Sales and Marketing
46 years in landscape installation and maintenance
B.S. in Business Management, University of Phoenix
Certified Landscape Technician: All Categories
WaterSense Certified
Arizona Certified Landscape Professional
American Green Zone Alliance – Electric Equipment
CPR Safety Trained
Associate instructor Cal Poly Pomona, Cal State Fullerton Alex Del Valle – Risk Control Manager
Over 13 years of experience working in the safety industry Certified OSHA 30
Certified AHA CPR and First Aid
Certified Forklift Instructor
Roberto Del Valle – Safety Coordinator
Over 16 years of experience working in the safety industry Certified OSHA 8, 10, 16, and 30
Certified AHA CPR and First Aid Instructor
Certified Forklift Instructor
Certified Claims Adjuster
538 861
Our Core Values – Safety • Teamwork • Quality • Integrity Page 14 Dennis Jones – Tree Care Regional Division Manager
Over 20 years of experience in Arbor Care
BS Degree in Urban Forestry, Cal Poly San Luis Obispo
International Society of Arboriculture Certified Arborist WE-5700A ISA Qualified Tree Risk Assessment
TCIA Certified Tree Safety Professional 843
Qualified Applicator License – 108771, Categories B, C & F Wildlife Protector Certification
Notary Public
Luis Valenzuela – Landscape Maintenance Division Manager Over 25 years of experience in landscape and construction operations Qualified Applicator License, Category B
Certified Landscape Technician, Irrigation
ISA Certified Arborist WE-8713A
Certification – Effective Business Leadership & Development – PDC/ GCC Andres Perez – Bermuda Dunes Area Manager
Over 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
539 862
Our Core Values – Safety • Teamwork • Quality • Integrity Page 15 Maintenance Division Organization & Experience
Key Personnel for Palm Desert
Andres Perez
Bermuda Dunes Area Manager
P. ( 760) 321-2107
C. ( 626) 392-3050
E. Andres@mariposa- ca.com
Andres will be the person in-charge responsible for project management, communication with account managers and primary contact with the City of Palm Desert.

Andres has been working for Mariposa Landscapes since 1996. He has over 25 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis in Palm Desert region.

Andres is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work.

Certifications:
o Over 25 years of experience in the landscape industry o Qualified Applicator License: Category B
o Certified Landscape Technician: Irrigation
o Certificate – Irrigation Design
o Certificate – Irrigation Troubleshooting
o CVAG Overseeding Certificate
Division Manager
Luis Valenzuela
Area Manager
Irwindale
Area Manager
Santa Ana
Area Manager
Bermuda Dunes
Andres Perez
540 863
Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 Team Organization
Here’ s our preliminary team setup for the Parks and Landscape Enhancement Project. Andres will be taking the lead on our management team, ensuring everything runs smoothly. He’ ll be supported by several specialized crews, each with expertise in different tasks and responsibilities assigned to various aspects of the project.

Number Personnel/ Category Tasks Personnel
1 Area Manager Management Andres Perez
1 Account Manager Field Management TBD
1 Maintenance Crew Assigned Project TBD
1 Construction Crew Assigned Project TBD
Subcontractor
Mariposa Landscapes will not be utilizing any subcontractor.

Our company consist of numerous experts that qualify to provide specialties work without the introduction of subcontractor. With this, Mariposa is able to provide highest quality work for the City of Palm Desert.
541 864
Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 Proposed Method to Accomplish the Work
We intend to execute this contract in accordance with the City of Palm Desert’ s requirements as outlined in the proposal documents. All projects listed in the scope of services are well within our professional capabilities.

Our standard work hours are Monday to Friday, from 6 am to 2:30 pm. However, we are flexible and will adjust our crew’ s schedule as approved by the City’ s representative. Our crew will begin their day from our nearest yard in Bermuda Dunes, located approximately 6 miles away.

Our account managers will meet with the city representative to inspect and discuss the assigned tasks for the projects. During these meetings, we will submit a brief report and schedule for the city representative to review and approve.

Each morning, our crew will commence the assigned tasks for the day. They will be particularly mindful of safety measures and noise levels, especially when working in residential neighborhoods. Mariposa will create a schedule aimed at providing services during periods of low foot traffic when necessary.

Our crew foreperson will be an English- speaking gardener, ensuring clear communication on-site for these assigned projects. All communications will be directed to our account managers and discussed with the city representative.

Project sites will be visited according to the schedule outlined in the provided RFP. All tasks will be completed as per the specified frequency and scheduled times.
542 865
Our Core Values – Safety • Teamwork • Quality • Integrity Page 18 Quality Control Program
We perform internal quality control on our work to free up our contract monitor or client representative ( be it a Public Works Inspector or Property Manager) so that he or she will have a reduced work load. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement “ Plan your work and work your plan.” Therefore, the work is to be planned and monitored in the following ways:

Monthly Work Schedules
The Mariposa Account Manager will submit Monthly Work Schedules describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/ fertilizers will be accomplished. Other work will include the removing and/ or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of planted areas and/ or turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the agreed date of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports.

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

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

Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. Our goal is “ Promises made are promises kept.” Please see the sample form provided.
543 866
Our Core Values – Safety • Teamwork • Quality • Integrity Page 19 Work Quality Evaluation Form
Mariposa Landscapes, Inc.

SITE INSPECTION EVALUATION FORM
Inspection Date: Job:

Job Number:

Client Representative:

ML CR ML CR

1. TURF 6. HARDSCAPE AREAS
A Color of turf acceptable A Free of trash/ debris
B Turf texture, no thin/ bare areas B Free of weeds in cracks C Free of trash/ debris C Standing water
D Irrigation leaks visible D Safety issues reported
E Over or under watering 7. IRRIGATION
F Dry spots A Controllers working

2. GROUND COVER/ SHRUB AREAS B Controllers programmed properly A Free of trash/ debris C Schedules submitted/ updated
B Free of weeds D Valves working properly
C Mulch evenly distributed E Valves leaking
D Irrigation leaks visible F Backflow( s) on
E Groundcover trimming G Backflow( s) Leaking

3. TREES/ SHRUBS H Meter readings ( if in scope) up-to-date A Health/ vigor I Water usage analysis up-to-date
B Trimmed per scheduled cycle 8. L.V. LIGHTING ( if applies) C Pruned correctly for species A System has power
D Walkway shrub clearance B Timer/ photocell working
E Walkway tree clearance C Bulbs working
F Disease & insects controlled D Fixtures clean
G Irrigation leaks visible E Fixtures broken
H Over or under watering F Fixtures aimed properly
I Trees staked properly 9. WATER FEATURES ( if applies)

4. ANNUAL COLOR/ POTS A Power/ working properly
A Annual flowers healthy B Leaks
B Bed/ Pots free of trash/ debris C Cleaned of debris at inlets C No missing annual color plants 10. OTHER ( if applies) D Disease & insects controlled A Dog mess cleaned up
E Irrigation leaks visible B Dog stations replenished
F Over or under watering C Trash cans dumped & new liners

5. D.G. PATHS & OPEN AREAS D Play equipment clean
A Free of trash/ debris E Ramadas/ picnic tables/ BBQs clean B Weeds managed/ controlled F Response time on call- outs C Erosion areas repaired G General safety issues reported ML CR
OVERALL RATING: Per the above individual ratings, pleas provide an overall rating from 1 to 10 Mariposa Account Manager Signature/ Date ( ML) Client Representative Signature/ Date ( CL) Please give a rating of 1-10 on the following items (1 = unacceptable and 10 being perfect) Only enter ratings for items that are applicable to this project ( blank = Not Applicable at this time) Mariposa Account Manager
544 867
Our Core Values – Safety • Teamwork • Quality • Integrity Page 20 Action Items Form
Mariposa Landscapes, Inc.

ACCOUNT MANAGER INSPECTION ACTION ITEMS
Job:

Today' s Date: Job Number:

Resolution
Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Mariposa Account Manager Signature/ Date Client Representative Signature/ Date

ACTION ITEMS
545 868
Our Core Values – Safety • Teamwork • Quality • Integrity Page 21 Proposer’ s Green Initiative and Environmental Sensitivity Mariposa Landscapes, Inc. uses every effort to implement “ green” environment and energy conservation measures.

Our company 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 is researching and looking forward to obtaining hybrid equipment to be used on our contracts. We strive to be as environmentally conscientious as possible and are expanding our operations to achieve this goal.

We have been certified by the American Green Zone Alliance – Sustainable Land Care Certification ( Electric Equipment). This puts us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial grade electric small equipment as well as mowers.

Mariposa works with all clients to assure optimum water usage where possible. With hundreds of ET “ Smart” Controller installations over the years, we can assess a property for water savings, create a solution and correctly program these newer irrigation control devices for optimum savings.

In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any potential negative impact on the environment.

The key points of its strategy to achieve this are:

Minimize waste by evaluating operations and ensuring they are as efficient as possible.

Minimize toxic emissions through the selection and use of its fleet and equipment.

Actively promote recycling both internally and amongst its customers and suppliers.

Meet or exceed all the environmental legislation that relates to the Company.

Adhere to all local codes and ordinances regarding water conservation. 546 869
Our Core Values – Safety • Teamwork • Quality • Integrity Page 22 Integrated Pest Management
Integrated pest management ( IPM) is an ecosystem- based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism.

Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment.

Biological control
Biological control is the use of natural enemies— predators, parasites, pathogens, and competitors— to control pests and their damage. Though Mariposa does not introduce any beneficial organisms into the environment, we do identify and encourage their presence.

Cultural controls
Cultural controls are practices that reduce pest establishment, reproduction, dispersal, and survival. For example, changing irrigation practices can reduce pest problems, since too much water can increase root disease and weeds.

Mechanical and physical controls
Mechanical and physical controls kill a pest directly or make the environment unsuitable for it. Traps for rodents are examples of mechanical control. Physical controls include mulches for weed management, steam sterilization of the soil for disease management, or barriers such as screens to keep birds or insects out.

Chemical control
Chemical control is the use of pesticides. Mariposa Landscapes uses pesticides only when needed and in combination with other approaches for more effective, long-term control. Also, pesticides are selected and applied in a way that minimizes their possible harm to people and the environment. With IPM we use the most selective pesticide that will do the job and be the safest for other organisms and for air, soil, and water quality.

Step 2
Prevention
Step 3
Observation
Step 4
Intervention
Step 5
Evaluation
Planning
Step 1
Knowledge
547 870
Our Core Values – Safety • Teamwork • Quality • Integrity Page 23 Job Startup and Transition Schedule
Contract Executed or an Official Notice to Proceed
On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a 60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim time to prepare more detailed maps of the areas with measurements so we can pre-order the materials we will need (fertilizer, IPM material for weed control and other consumables.) Job Start
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our management is heavily involved in logistics during this time. We also go through the irrigation systems with our technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer. 30 Day Evaluation
At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that cannot be completely spelled out in the work scope and specifications like, custom timelines, work sequences and specific area needs. We go over the experience so far and identify what is working well and what needs adjustment.

The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection.
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey to assess the customer’ s perception of the experience related to the proposal process, transition to operations and the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it “Would you recommend Mariposa Landscapes to other customers right now?” Our goal is to receive an enthusiastic “ Yes” to this question. 548 871
Our Core Values – Safety • Teamwork • Quality • Integrity Page 24 Fee Proposal
Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.

Maintenance Rates:

Laborer: $ 44.55
Irrigator: $ 68.60
Foreman: $ 61.06
Supervisor: 76.80
Construction Rates:

Laborer $ 109.73
Tender $ 43.71
Operator $ 129.17
Cement Mason $ 115.70
We are providing both Maintenance and Landscape rates because there is construction in the scope of work.
549 872
Our Core Values – Safety • Teamwork • Quality • Integrity Page 2 Key Personnel for Palm Desert
Andres Perez
Bermuda Dunes Area Manager
P. ( 760) 321-2107
C. ( 626) 392-3050
E. Andres@mariposa- ca.com
Andres will be the person in-charge responsible for project management, communication with account managers and primary contact with the City of Palm Desert.

CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 1st day of December, 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 Mariposa Landscapes, Inc., a 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 ontheterms and conditions setforth inthis 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:

Parks and Landscape Enhancement Project
Project No. CPK00003
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 December 1, 2024, to June 30, 2027, 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 oneyear 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. 551 874
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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 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 each Task Order 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, Landscape Supervisor, 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.

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 552 875
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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.

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 and 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 apublic 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 sub - subconsultants 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 553 876
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in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

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 554 877
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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 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.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of confidential information. b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems. c) Liability arising from the failure of technology
products ( software) required under the contract for Vendor to properly perform the services intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights. 555 878
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e) Liability arising from the failure to render
professional services.

If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

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.

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.
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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 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. 557 880
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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.

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 558 881
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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.

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 toexamine, audit, and make transcripts or copies of suchrecords 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 559 882
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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) 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides adetailed description ofthe Services andhours rendered by Contractor. City shall, 560 883
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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. From each approved progress estimate, five percent ( 5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City.

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 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 561 884
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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 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 Conflict of Interest. The Contractor covenants that any and all relationships with construction firms that may submit bids for projects developed under this agreement will require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships, and the nature of any relationships with any related project bid submitters; and that any violation of this provision may result in the immediate termination of the Agreement

3.4.3 Effect of Termination. Ifthis 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 berequiredtoprovide such document andother information within fifteen (15) days oftherequest.

3.4.4 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:
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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, Landscape Supervisor
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 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 563 886
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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 bebinding onthesuccessors 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 theprior 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.

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.
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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, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

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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:

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
MARIPOSA LANDSCAPES, INC., A

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
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following park and landscape items:

Landscape and Irrigation maintenance, repair, and installation Sod preparation and installation
Topdressing of sports turf
Park amenities material installation ( sand volleyball courts, baseball infields, etc.) Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work may be required, such as installation and programming of Smart Controllers, troubleshooting faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and grading, and other specialty work associated with park and landscape maintenance The City intends to award the contract as a 3-year agreement with an option of (2) one-year extensions, subject to funding availability and City Council approval. The Agreement shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of said Services.

No Services shall be performed by the Contractor unless authorized by the City and by a fully executed Task Order.
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EXHIBIT “ B” TASK ORDER FORM SAMPLE
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EXHIBIT “ B” TASK ORDER FORM SAMPLE
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EXHIBIT “ C”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index.

The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as applicable.

Pricing schedule is as follows:

Maintenance Rates
Position Hourly Rate
Irrigator $ 68.60
Foreman $ 61.06
Laborer $ 44.55
Supervisor $ 76.80
Construction Rates
Position Hourly Rate
Laborer $ 109.73
Tender $ 43.71
Operator $ 129.17
Cement Mason $ 115.70
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the “Contractor”) an agreement for Parks and Landscape Enhancement 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 December 1, 2024, ( 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 Landscapes, 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 sum of Seven Hundred Fifty Thousand Dollars, ($$750,000), 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 acondition precedent tothesatisfactory completion ofthe 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 571 894
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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
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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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.

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
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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
575 898
Contract No. ___________
Revised 10- 2024
BBK 72500. 00001\ 32374915. 1

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 October 24, 2024, has awarded to Mariposa Landscapes, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Parks and Landscape Enhancement Project (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 December 1, 2024, (“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 inthe penal sum of Seven Hundred Fifty Thousand Dollars, 750,000) lawful money of the United States of America, for the payment of which sum well and truly tobe made, webind ourselves, our heirs, executors, administrators, successors andassigns, 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 inure 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 toany scheme or work ofimprovement 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 576 899
Contract No. ___________
Revised 10- 2024
BBK 72500. 00001\ 32374915. 1
relating to any scheme or work of improvement herein above described, nor by any rescission or 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 torecover 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.

SIGNATURES ON NEXT PAGE]
577 900
Contract No. ___________
Revised 10- 2024
BBK 72500. 00001\ 32374915. 1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of 20__.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
578 901
Contract No. ___________
Revised 10- 2024
BBK 72500. 00001\ 32374915. 1
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
579 902
Contract No. ___________
Revised 10- 2024
BBK 72500. 00001\ 32374915. 1
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
580 903
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73- 510 Fred Waring Drive, Palm Desert, CA 92260
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024- RFP- 132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Vintage Landscape Response

CONTACT INFORMATION
Company:

Vintage Landscape
Email:
[email protected]
Contact:

Brent Fries
Address:
78755 Darby Road
Bermuda Dunes, CA 92203
Phone:
760) 289-9222
Website:
www.vintagelandscape. com
Submission Date:

Sep 1, 2024 7:50 PM (Pacific Time)
581 904
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 2 ends

ADDENDA CONFIRMATION
Addendum # 1
Confirmed Aug 30, 2024 7:26 PM by Brent Fries

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. 582 905
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 3 ends

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

City_of_Palm_Desert_-_Parks_and_Landscape_Enhancement_Services.pdf

City_of_PD_Enhancement_Contract_-_Labor_Costs.pdf

3. Non-Collusion Declaration*
The undersigned declares:

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

Page 4 ends

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

Confirmed

4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 647984
Click to Verify Value will be copied to clipboard

5. 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. 1000001926
Click to Verify Value will be copied to clipboard

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

7. 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").
584 907
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 5 ends

N/A

Maximum response length: 5000 characters
N/A

10. 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.

City_of_Palm_Desert_-_Team_Resume_and_Qualifications.pdf

11. 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
585 908
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

Page 6 ends

C. Physical Business Address
D. Email Address
E. Phone Number
A. Kyle Gritters
B. CEO
C. 78755 Darby Rd, Bermuda Dunes, CA 92203
D. kyleg@thevintageco. com
E. ( 805) 720-7269
A. David Smith
B. President
C. 78755 Darby Rd, Bermuda Dunes, CA 92203
D. [email protected]
E. ( 760) 772-3673

Vintage Associates is a local family-owned company currently operated by the second generation who is personally involved in every account. Vintage is unique in the landscape industry because of the complete range of services offered to our customers. Subsidiary branches of Vintage Associates include:

Vintage Landscape with Tree Division and Water Management Vintage Nursery
Vintage Outdoors ( Landscape Design, Enhancements & Construction) The company profile attached includes detailed information about Vintage Associates, key personnel, and service practices.

Sincerely,
Kyle Gritters
CEO
C.C. David Smith
2588 911
Table of Contents

1. Vintage Associates Company History. . . . . . . . . . . . . . . . . . . . . . . . . [Pg. 4]

2. Experience and Technical Competence. . . . . . . . . . . . . . . . . . . . . . [Pg. 5-6]

3. References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[ Pg. 7-8]

4. Company’ s Organization & Qualifications . . . . . . . . . . . . . . . . . [Pg. 10-16]

5. Firm Staffing and Key Personnel. . . . . . . . . . . . . . . . . . . . . [ Pg. 11, 12 & 15]

6. Equipment List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Pg. 17-18]

7. Labor Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[ Pg. 19]

8. Proposed Method to Accomplish Work. . . . . . . . . . . . . . . . . . . .[Pg. 20-21] 3589 912
History of Vintage Associates
Vintage Associates is the Coachella Valley’ s only full-service landscape resource company. Vintage started business in the Coachella Valley as Steven Burt and Associates in 1992. The company’ s first maintenance contract began in 1992 with the addition of Silver Sands Racquet Club in Palm Desert, where we worked for over twenty years. Additionally, the partners purchased Vintage Nursery on Darby Road in Bermuda Dunes in 1992. With the addition of the nursery, the company could provide desert acclimated shrubs and trees to their customers and other contractors.

In 1994, Al Hollinger joined Steve Burt and in 1995 started TreeRite – Certified Arborists.

Al emphasized following ISA standards with TreeRite.

In 2001, Vintage Associates created a construction division which has morphed into Vintage Outdoors, to help customers enhance their landscape through beautification projects, irrigation upgrades, and more.

In 2002, Steve Burt invited Greg Gritters to work with him to help him grow his company and lend his corporate experience. Greg came with almost 25 years of experience in energy development and operations as an engineer working for the Unocal oil company.

In 2009, in response to the serious water issues facing the Coachella Valley, Greg achieved certification by the Irrigation Association and became a registered EPA WaterSense Partner. The WaterRite division was created to help homeowner associations, commercial accounts and homeowners optimize their irrigation systems and reduce their water bills following the implementation of tiered water rates by the Coachella Valley Water District. In 2022 the company achieved Expert Water Management status through CLCA.

In 2015, Kyle Gritters relocated his family to the Coachella Valley to start the succession plan of his father Greg. With more design experience than operations, Kyle spent the first three years working in every field position of the company.

At the end of 2018 David Smith, the nephew of the founding partners of the company, joined Kyle as a partner to further strengthen the Nursery and Construction divisions of the company.
4590 913
Vintage Associates’ experience in the Coachella Valley is unrivaled. Vintage team members comprise of certified landscape professionals in the horticultural field with over 100 years of combined experience, with dedication to our customers within the Coachella Valley. The experience held by Vintage Associates includes the following:
30 years of experience providing Landscape Maintenance to HOAs 20 years of experience providing Landscape Maintenance to Municipalities 30 years of experience providing Landscape Construction & Enhancement Services Expert Level Water Managers from CLCA in the Inland Empire Emphasis on natural pruning of shrubs and professional tree care to enhance the beauty and ensure the landscape looks like the architect designed History of maintaining long-term relationships with customers ( over 20 years) and our employees ( 30 years)
Experience and Technical Competence
5591 914
Certified Personnel
BS Ornamental Horticulturist – 1
AA Turfgrass Management – 2
Certified Arborists – 6
ISA Tree Risk Assessor – 2
State Licensed Qualified Pesticide Applicators – 11
Water Management – CLCA Expert Manager Status
Certified Landscape Irrigation Auditors – 1
Certified Water Managers – 2
Certified Irrigation Technician – 1
Certified Equipment Operator – 4
Maxicom and Site control operators – 5
College of the Desert – Certificate of Achievement
Turfgrass, Pesticide Management, Arborist, Landscape &
Irrigation) – 4
6592 915
References
Maintenance
Desert Horizons Country Club – 23 years
P.O. Box 12710 Palm Desert, CA 92210
Association General Manager: Victor Santos Cisneros
760) 340-5501 ext. 103
Indian Wells Tennis Gardens – 23 years
78200 Miles Avenue Indian Wells, CA 92210
Director of Facilities – Dave Sahl
760) 200-8461
PGA West Fairways – 21 years
The Management Trust
80265 Signature Way La Quinta, CA 92253
760) 862-6334
Andalusia – 17 years
The Management Trust
81570 Carboneras La Quinta, CA 92253
Association Manager: Kari Martin
760) 777-1009
City of Indian Wells – 16 years
44-950 Eldorado Dr. Indian Wells, CA 92210
Field Manager: Mihai Dan
760) 777-7621
Santa Rosa Cove – 23 years
49-991 Eisenhower La Quinta, CA 92253
Association Manager: Dave Scott
760) 777-7621
7593 916
References
Construction and Enhancements
Sensei Porcupine Creek (Current)
Stephen Sampson | ( 530) 304-9788
Installation of all Plant & Tree material,
Irrigation, Palms and Boulders
Coachella Lakes ( Current)
Jeff Coulter | ( 480) 703-0631
Landscape Refresh and Irrigation Retrofit
Chaparral Country Club (Current)
Dave Capra |
Berm Reduction and Irrigation Retrofit
The Garden Fellowship Church (Current)
Christian Sly | ( 760) 470-0472
New Landscape Installation
8594 917
9595 918
Vintage Corporate Organization
Greg Gritters
CFO
David Smith
President
Rick Valdez
Outdoors Manager
Kyle Gritters
CEO
Jasmine Meza
HR Manager
Heather Kambe
Employee Investment
Al Hollinger
Vintage Chief
Octavio Garcia Employee/ Business
Development
Joe Elkins
Finance & BS
Leo Meza
Branch Manager
Rafael Esquivel
Branch Manager
Bruce Brown
Branch Manager
Cesar Tejeda
Nursery Supervisor
10596 919
Greg Gritters
CFO
BS Chemical Engineering, USC
MBA, Thunderbird School of Management
QAL, Certified Water Manager
25 years International Asset and Project
Management
22 years Experience in Landscape Industry
Kyle Gritters

CEO/ PARTNER
BA Applied Design
9 years Experience in the Landscape Industry, QAL
David Smith

PRESIDENT/ PARTNER
BS Business Administration
26 Years experience in the landscape industry
ISA Certified Arborist, ISA Tree Risk Assessment
Qualified
11597 920
Alan Hollinger
Chief Horticulturalist
BS Ornamental Horticulture, Cal Poly
Pomona
QAL, Certified Arborist, Instructor College
of the Desert
36 years experience
Rafael Esquivel
Account Manager
COD Certified Landscape & Irrigation
QAL
ISA Certified Arborist
31 years of experience
Bruce Brown
Account Manager
AS in Turf Grass Management
QAL
ISA Certified Arborist
31 years of experience
Leo Meza
Account Manager
AA Turfgrass Management
QAL
ISA Certified Arborist
ISA Tree Risk Assessment Qualification
IQ4 Expert
21 years of experience
HOA Proposal 12598 921
TreeRite
Recognized Leaders in Arboriculture:

Big Horn Country Club
PGA West Fairways
Indian Wells Tennis Gardens
Sensei Porcupine Creek
Arborists on Staff:

Al Hollinger, ISA Certified Arborist
Leo Meza, ISA Certified Arborist, Tree Risk Assessor
David Smith, ISA Certified Arborist, Tree Risk Assessor Bruce Brown, ISA Certified Arborist
Rob Downing, ISA Certified Arborist
Rafael Esquivel, ISA Certified Arborist
Equipment:
4 Boom trucks (2@70’ and 1@60’)
5 Vermeer chippers
Stump Grinder
13599 922
14600 923
Vintage Outdoors
Rick Valdez
Construction Manager
30 years of Landscape Construction and
Installation Services
Brent Fries
Enhancement Manager
Landscape Design and Enhancement
Services
Luis Manzo
Project Manager
Daniel Lara
Project Manager
15601 924
Vintage Outdoors
30 Full-Time Employees
Services Provided:

Landscape Irrigation Audits, Repairs and Installation
Tree and Shrub Planting
Turf Conversions
Turf Preparation and Installation
Landscape Improvements & Beautification
Landscape Design & Renderings
Artificial Turf Installation
Concrete Mow Curb Installation
Tree and Palm Removal, Relocation and Installation
Large Construction Installation Projects
Operating Equipment:

Sod Cutter
Trencher
Mini Excavator
Compact Track Loader (Skid Steer)x2
Kubota Utility Tractor
16602 925
Vintage Landscape Equipment
Boom Truck
Supervisor Truck
Dump Truck
17 Greenwaste Truck
Chipper truck
Irrigator Truck
603 926
Vintage Landscape Equipment
Sod Cutter
18 TractorKubota Mini Excavator Kubota Utility
Trencher
SteerKubota Mini Track Loader CAT Skid
604 927
19 Labor Costs for Extra Work
Supervisor $ 55.00/ hr
Irrigator $ 45.00/ hr
Foreman $ 45.00/ hr
Laborer $ 35.00/ hr
Equipment Operator $ 50.00/ hr
605 928
20 Proposed Methods to Accomplish Work
When it comes to Project Management, our Landscape Professionals possess the knowledge and organization to meet the schedule of tasks and deadlines. Vintage Associates’ main goal is to conduct our work in a, safe, professional and efficient manner.

Below are some aspects of how we manage our projects:

Assess the Project with the team. Identify the right Supervisor / Project Manager Identification of Risks or Challenges
Create Project Blueprint (Scope, Budget, Timeline, etc.) Job walks before and after Project
Open and honest communication internally and with customer Documentation from Start to Finish
Daily Check-ins with Supervisor performing the Project
Encourage employees to be Innovative and voice New Ideas Use of Project Management applications to stay Organized and on Schedule 606 929
930
Labor Costs for Extra Work
Supervisor $ 55.00/ hr
Irrigator $ 45.00/ hr
Foreman $ 45.00/ hr
Laborer $ 35.00/ hr
Equipment Operator $ 50.00/ hr
608 931
9609 932
Certified Personnel
BS Ornamental Horticulturist – 1
AA Turfgrass Management – 2
Certified Arborists – 6
ISA Tree Risk Assessor – 2
State Licensed Qualified Pesticide Applicators – 11
Water Management – CLCA Expert Manager Status
Certified Landscape Irrigation Auditors – 1
Certified Water Managers – 2
Certified Irrigation Technician – 1
Certified Equipment Operator – 4
Maxicom and Site control operators – 5
College of the Desert – Certificate of Achievement
Turfgrass, Pesticide Management, Arborist, Landscape &
Irrigation) – 4
6610 933
Vintage Corporate Organization
Greg Gritters
CFO
David Smith
President
Rick Valdez
Outdoors Manager
Kyle Gritters
CEO
Jasmine Meza
HR Manager
Heather Kambe
Employee Investment
Al Hollinger
Vintage Chief
Octavio Garcia Employee/ Business
Development
Joe Elkins
Finance & BS
Leo Meza
Branch Manager
Rafael Esquivel
Branch Manager
Bruce Brown
Branch Manager
Cesar Tejeda
Nursery Supervisor
10611 934
Greg Gritters
CFO
BS Chemical Engineering, USC
MBA, Thunderbird School of Management
QAL, Certified Water Manager
25 years International Asset and Project
Management
22 years Experience in Landscape Industry
Kyle Gritters

CEO/ PARTNER
BA Applied Design
9 years Experience in the Landscape Industry, QAL
David Smith

PRESIDENT/ PARTNER
BS Business Administration
26 Years experience in the landscape industry
ISA Certified Arborist, ISA Tree Risk Assessment
Qualified
11612 935
Alan Hollinger
Chief Horticulturalist
BS Ornamental Horticulture, Cal Poly
Pomona
QAL, Certified Arborist, Instructor College
of the Desert
36 years experience
Rafael Esquivel
Account Manager
COD Certified Landscape & Irrigation
QAL
ISA Certified Arborist
31 years of experience
Bruce Brown
Account Manager
AS in Turf Grass Management
QAL
ISA Certified Arborist
31 years of experience
Leo Meza
Account Manager
AA Turfgrass Management
QAL
ISA Certified Arborist
ISA Tree Risk Assessment Qualification
IQ4 Expert
21 years of experience
HOA Proposal 12613 936
TreeRite
Recognized Leaders in Arboriculture:

Big Horn Country Club
PGA West Fairways
Indian Wells Tennis Gardens
Sensei Porcupine Creek
Arborists on Staff:

Al Hollinger, ISA Certified Arborist
Leo Meza, ISA Certified Arborist, Tree Risk Assessor
David Smith, ISA Certified Arborist, Tree Risk Assessor Bruce Brown, ISA Certified Arborist
Rob Downing, ISA Certified Arborist
Rafael Esquivel, ISA Certified Arborist
Equipment:
4 Boom trucks (2@70’ and 1@60’)
5 Vermeer chippers
Stump Grinder
13614 937
14615 938
Vintage Outdoors
Rick Valdez
Construction Manager
30 years of Landscape Construction and
Installation Services
Brent Fries
Enhancement Manager
Landscape Design and Enhancement
Services
Luis Manzo
Project Manager
Daniel Lara
Project Manager
15616 939
Contract No. ___________
1 Revised 10-2024
BBK 72500. 00001\ 32374943. 1

CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 1st day of December, 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 Vintage Landscape, a Corporation, with its principal place of business at 78755 Darby Road, Bermuda Dunes, CA 92203 ("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:

Parks and Landscape Enhancement Project
Project No. CPK00003
hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

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.

3.2 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 617 940
Contract No. ___________
2 Revised 10-2024
BBK 72500. 00001\ 32374943. 1
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.

3.2.5 Contractor’ s Representative. Contractor hereby designates Kyle Gritters, CEO, 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.

3.2.7 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.

Any employee of the Contractor or its sub-contractors who is determined by the City to be 618 941
Contract No. ___________
3 Revised 10-2024
BBK 72500. 00001\ 32374943. 1
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.

3.2.10 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.

3.2.10.2Labor 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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3.2.10.5 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.

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, inan 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 620 943
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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.

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.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of confidential information. b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems. c) Liability arising from the failure of technology
products ( software) required under the contract for Vendor to properly perform the services intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights. e) Liability arising from the failure to render
professional services.
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If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

3.2.11.2 Other Provisions and Requirements.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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 622 945
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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.

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.

N) City’s Right to Revise Specifications. The City or its Risk Manager reserves theright at any time during theterm of the contract to change theamounts and 623 946
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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.

3.2.13 Bonds.

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 andprovide to City concurrently with this Agreement a Payment Bond intheamount 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 624 947
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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.

3.2.15 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.

3.2.15.3 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 625 948
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such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

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) 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 bereinstated 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.

3.3.2 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 626 949
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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.

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

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 thepayment 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 627 950
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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.

3.4 Termination of Agreement.

3.4.3 Effect of Termination. Ifthis 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.

3.5 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:
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Contractor: Vintage Landscape
78755 Darby Road
Bermuda Dunes, CA 92203
ATTN: Kyle Gritters, CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
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.

3.5.2.2 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.

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 629 952
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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 bebinding onthesuccessors and assigns of the parties.

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.

3.5.12 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.
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3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND VINTAGE LANDSCAPE
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

VINTAGE LANDSCAPE, A CORPORATION
By:

Kyle Gritters
CEO
By:

David Smith
Secretary
647984
Contractor’ s License Number and
Classification
1000001926
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:

Initial Review
Final Approval
Bonds
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Exhibit “A”
Revised 10-2024
BBK 72500. 00001\ 32374915. 1
EXHIBIT “ A”

SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following park and landscape items:

No Services shall be performed by the Contractor unless authorized by the City and by a fully executed Task Order.
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Revised 10- 2024
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EXHIBIT “ B” TASK ORDER FORM SAMPLE
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EXHIBIT “ B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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EXHIBIT “ C”

Pricing schedule is as follows:

Position Hourly Rate
Irrigator $ 45.00
Foreman $ 45.00
Laborer $ 35.00
Equipment Operator $ 50.00
Supervisor $ 55.00
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Vintage Landscape, (hereinafter referred to as the “Contractor”) an agreement for Parks and Landscape Enhancement Project (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, Vintage Landscape, 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 sum of Seven Hundred Fifty Thousand Dollars, ($$750,000), 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.

As acondition precedent tothesatisfactory completion ofthe 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
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 637 960
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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 infulfillment of its obligations intheevent of default by the Contractor.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of 20____.

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.
639 962
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BBK 72500. 00001\ 32374915. 1
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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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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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 October 24, 2024, has awarded to Vintage Landscape, hereinafter designated as the “Principal,” a contract for the work described as follows:

This bond shall inure 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 toany scheme or work ofimprovement 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 642 965
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relating to any scheme or work of improvement herein above described, nor by any rescission or 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 torecover 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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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of 20__.

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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Revised 10- 2024
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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
646 969
Th e Mesa
Canyon
Corrido r
Palm Springs
111
Country ClubrBobHopeDr D
MontereyAveMis sion Hills
Country Club
Westin Mission
Hills Golf R esor t
Spa
Rim rock
Sunm or
De ep well
Ran ch
R am on Palm s
Law rence
Cr ossle y
Araby
Com mons
Bar isto
D em ut h Park
Sun air
We st Ga te
And reas Hills
Th ousand
Palm s
Rancho Mirage
Palm Desert
Cathedral City
111
Bighorn
Cahuilla Hills
10 WashingtonStJacksonStCookStR amon Rd
Fred Waring Dr
Country Club Dr
Indio
Blvd
Indian Wel ls
Go lf Co ur se
Palm D eser t
Country Cl ub
Coachell a
Valley National
Wildl ife R efuge
H idden Palm s
Berm uda
Dunes
Bisk ra Palm s
Desert Palm s
MonroeStMonroeStA venue 52
Avenue 50
H
i
g
h
1VintageClubway 11
Indian Wells
La Quinta
Indio
The Golf
Terra
City of Palm Desert - Landscaped Areas
City of Palm Desert, County of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Landscape
Palm Desert City Boundary
7/30/2024
0 412 mi
0 61. 5 3 km
1:144,448
Chris Gerry647 970
648 971
Sources: Esri, DeLorme,
Palm Desert Medians

CITY MAINTAINED

PRIVATELY MAINTAINED

RANCHO MIRAGE

CITY OF PALM DESERT
I
649 972
650 973
974
Contract No. C48520A
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND AK LANDSCAPING, INC.

1. Parties and Date.

This Amendment No. 1 (“Amendment”) to the MAINTENANCE SERVICES AGREEMENT is made and entered into as of this 28th day of AUGUST, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and AK Landscaping, a A CORPORATION with its principal place of business at 42929 Madio Street, Indio, CA 92201, (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

The Parties entered into an agreement titled MAINTENANCE SERVICES AGREEMENT Dated December 1, 2024 (“Agreement”).

Amendment Authority. This Amendment is authorized pursuant to Section 3.5.9 of the Agreement.

3. Terms.

Amendment. The Agreement is hereby amended as follows:

Section 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

Continuing Effect of Agreement. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

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

Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
975
Contract No. ________

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF PALM DESERT AND AK LANDSCAPING
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
___________
Bonds

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
City Attorney

AK LANDSCAPING, A CORPORATION
By:

Mike Arechiga
CEO
By:

Eric Arechiga
President
976
Contract No. C48520B
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND EXCEL LANDSCAPE, INC.

1. Parties and Date.

This Amendment No. 1 (“Amendment”) to the MAINTENANCE SERVICES AGREEMENT is made and entered into as of this 28th day of AUGUST, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Excel Landscape, Inc., a A CORPORATION with its principal place of business at 1185 Magnolia Avenue, Suite E400, Corona, CA 92879, (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

The Parties entered into an agreement titled MAINTENANCE SERVICES AGREEMENT Dated December 1, 2024 (“Agreement”).

Amendment Authority. This Amendment is authorized pursuant to Section 3.5.9 of the Agreement.

3. Terms.

Amendment. The Agreement is hereby amended as follows:

Section 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven
Hundred Fifty Thousand Dollars ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND EXCEL LANDSCAPE, INC.

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

Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
___________
Bonds

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
City Attorney
EXCEL LANDSCAPE, INC., A CORPORATION
By:

Jose Alfaro
President
By:

Josie C. Alfaro
Secretary Treasurer
978
Contract No. C48520C
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HORIZON PROFESSIONAL LANDSCAPE, INC.

1. Parties and Date.

This Amendment No. 1 (“Amendment”) to the MAINTENANCE SERVICES AGREEMENT is made and entered into as of this 28th day of AUGUST, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Horizon Professional Landscape, Inc., a A CORPORATION with its principal place of business at 48727 Charlton Peak Street, Coachella, CA 92236, (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

The Parties entered into an agreement titled MAINTENANCE SERVICES AGREEMENT Dated December 1, 2024 (“Agreement”).

Amendment Authority. This Amendment is authorized pursuant to Section 3.5.9 of the Agreement.

3. Terms.

Amendment. The Agreement is hereby amended as follows:

Section 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven
Hundred Fifty Thousand Dollars ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HORIZON PROFESSIONAL LANDSCAPE, INC.

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

Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
___________
Bonds

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
City Attorney

HORIZON PROFESSIONAL LANDSCAPE,
INC., A CORPORATION
By:

Rafael Mendoza
President
By:

Eric Mendoza Lee
Secretary
980
Contract No. C48520D
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARIPOSA LANDSCAPES, INC.

1. Parties and Date.

This Amendment No. 1 (“Amendment”) to the MAINTENANCE SERVICES AGREEMENT is made and entered into as of this 28th day of AUGUST, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Mariposa Landscapes, Inc., a A CORPORATION with its principal place of business at 6232 Santos Diaz Street, Irwindale, CA 91702, (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

The Parties entered into an agreement titled MAINTENANCE SERVICES AGREEMENT Dated December 1, 2024 (“Agreement”).

Amendment Authority. This Amendment is authorized pursuant to Section 3.5.9 of the Agreement.

3. Terms.

Amendment. The Agreement is hereby amended as follows:

Section 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven
Hundred Fifty Thousand Dollars ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

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.

Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
___________
Bonds

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
City Attorney
MARIPOSA LANDSCAPES, INC., A

CORPORATION
By:

Terry Noriega
President
By:

Antonio Valenzuela
Secretary
982
Contract No. C48520E
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY

OF PALM DESERT AND VINTAGE LANDSCAPE

1. Parties and Date.

This Amendment No. 1 (“Amendment”) to the MAINTENANCE SERVICES AGREEMENT is made and entered into as of this 28th day of AUGUST, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Vintage Landscape, a A CORPORATION with its principal place of business at 78755 Darby Road, Bermuda Dunes, CA 92203, (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

The Parties entered into an agreement titled MAINTENANCE SERVICES AGREEMENT Dated December 1, 2024 (“Agreement”).

Amendment Authority. This Amendment is authorized pursuant to Section 3.5.9 of the Agreement.

3. Terms.

Amendment. The Agreement is hereby amended as follows:

Section 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 maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven
Hundred Fifty Thousand Dollars ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF PALM DESERT AND VINTAGE LANDSCAPE
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
___________
Bonds

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
City Attorney

VINTAGE LANDSCAPE, A CORPORATION
By:

Kyle Gritters
CEO
By:

David Smith
Secretary
984

Page 1 of 4 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Neal Ennis, Project Manager
Shawn Muir, Community Services Manager
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO SUPERB ENGINEERING, INC., FOR THE CAHUILLA HILLS PARK IMPROVEMENTS PROJECT
(MPK00005) – CEQA DETERMINATION
RECOMMENDATION:

1. Make a finding that the project is categorically exempt from further review under the California Environmental Air Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing Facilities), and NEPA 24 CFR 58.35(a), and authorize the City Manager to submit Determination of Categorical Exclusion.

2. Award a construction contract to Superb Engineering, Inc., of Banning, California, in the amount of $1,049,485.79, plus a $104,948.60 contingency for unforeseen expenses.

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 written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).

5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.

BACKGROUND/ANALYSIS:

Cahuilla Hills Park is a 27.5-acre public park located at 72-700 Tierra Del Oro in Palm Desert.

The park offers various quality amenities including several trailheads, picnic areas, and tennis courts. However, after being assessed by the City’s accessibility consultant, Disability Access Consultants, Inc., it was found that the park could improve accessibility to users. Based on their evaluation, several improvements were recommended to enhance accessibility. To implement these recommendations, the City applied for and received a Community Development Block Grant (CDBG) in Fiscal Year (FY) 2022-23, totaling $183,420. An additional CDBG grant of $146,124 was awarded in FY 2023-24, bringing the total grant funding to $329,544.

In January 2023, City staff issued a Request for Proposals (RFP) for engineering and design services related to the planned improvements, using the City’s bid portal, OpenGov. The contract was awarded to The Altum Group on May 25, 2023. The scope of work includes community engagement, conceptual planning, environmental documentation, and final engineering design.

The initial conceptual design was presented to the Parks and Recreation Committee on October 17, 2023. While Committee members asked questions regarding the design, they did not offer additional comments or request any changes to the conceptual design. 985
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Award Construction Contract for Cahuilla Hills Park Improvements Project (MPK00005)

Page 2 of 4 ends

In February 2024, the concept plan was shared with nearby residents through an online survey designed to assess whether the proposed improvements aligned with community needs. Overall, the feedback was positive, with most concerns centered on preserving the park’s natural setting and maintaining its serene atmosphere. The survey also revealed interest in specific features such as bike racks and updated signage.

In response, staff collaborated with The Altum Group to revise the concept plan based on community input and move forward with the preparation of construction documents. The final plans were completed and approved in June 2025 and subsequently advertised for bid.

Project Description:

The project will renovate the existing park by constructing an ADA-compliant parking area, sidewalk, and trailhead path to improve accessibility and enhance the visitor experience. Key elements of the renovation include:
 Revise parking from 14 standard with 0 ADA spaces to 10 standard plus 2 ADA spaces  Installation of 500 linear feet of meandering, accessible walking path  Creation of picnic and respite areas along the path for rest and recreation  Placement of boulder perimeter rock arrangements to define and beautify the trail corridor  Installation of a 40-foot shade canopy to provide sun protection in gathering areas  Area lighting to improve visibility and safety during evening hours  Landscape enhancements to complement the natural setting  Formalized, accessible connection to the existing tennis and pickleball courts  Associated drainage improvements to support infrastructure longevity and reduce erosion This comprehensive upgrade will ensure compliance with ADA standards while improving functionality, comfort, and aesthetics throughout the park.

Environment Review:

Staff recommends that the City Council find that the project is categorically exempt from CEQA, pursuant to Class 1, Section 15301 (Existing Facilities), and NEPA 24 CFR 58.35(a) under the CEQA Guidelines, as the project involves improvements to, and the reconstruction or rehabilitation of, existing facilities other than buildings.

Request for Bids:

The project was advertised via the City’s bid portal, OpenGov, (Project ID# 2025-IFB-200), and ten bids were received electronically on August 8, 2025:

Contractor Location Base Bid
Superb Engineering, Inc. Banning, CA $1,049,485.79
Varn Painting, Inc. Tujuanga, CA $1,105,856.25
RG General Engineering Norco, CA $1,139,989.00
Western State Builders Escondido, CA $1,229,206.75
Van Engineering, Inc. Wildomar, CA $1,241,581.50
986
City of Palm Desert
Award Construction Contract for Cahuilla Hills Park Improvements Project (MPK00005)

Page 3 of 4 ends

PUB Construction, Inc. Diamond Bar, CA $1,475,346.95
All American Building Services Santa Clarita, CA $1,520,583.50 R Dependable Construction, Inc. San Bernardino, CA $1,650,000.00 KNC Construction, Inc. Apple Valley, CA $1,736,355.16
We R Builders Glendale, CA $2,780,230.00
The all-inclusive engineer’s estimate for the project was $1,409,631. Superb Engineering submitted a bid of $1,049,485.79, which falls within the estimated budget. Staff has reviewed the bid documents and determined that the bid submitted by Superb Engineering, Inc. is responsive, responsible, and in compliance with all specifications, including all required forms.

Based on this review, staff recommends awarding the construction contract to Superb Engineering, Inc.

Legal Review:

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

Appointed Body Recommendation:

On October 17, 2023 the Parks and Recreation Committee approved the conceptual design.

FINANCIAL IMPACT:

Funding for this project is included in the approved FY 2025-26 Financial Plan and Capital Improvement Project (CIP) list. Currently $2.14 Million is budgeted in both CDBG Fund 220 and Capital Improvement Fund 400. There is no fiscal impact on the General Fund with this action.

Authorized Budgets
Date
Authorized Total
CDBG
Fund 220
CIP
Fund 400
Original Budget FY22/23 7/1/2022 183,420.00 183,420.00
Additional Budget FY23/24 7/1/2023 146,124.00 146,124.00 Additional Budget FY24/25 7/1/2024 1,815,000.00 1,815,000.00 Total Authorized Budget to Date 2,144,544.00 329,544.00 1,815,000.00 Authorized Expenditures
Date
Authorized Total
CDBG
Fund 220
CIP
Fund 400
The Altum Group (Design #C45290) 5/25/2023 124,402.50 124,402.50 The Altum Group (Design #A48990) 1/29/2025 50,000.00 35,000.00 15,000.00 CVWD Plan Check Fees 5/31/2024 379.00 379.00
Shade Structure - USA Shade 1/2/2025 45,938.90 45,938.90 Total Authorized Expenditures to Date 220,720.40 205,720.40 15,000.00 Construction: Superb Engineering, Inc.* 1,049,485.79 123,823.60 925,662.19 Contingency 10%* 104,948.60 104,948.60
Remaining Project Budget Available 769,389.21 - 769,389.21 *This request
987
City of Palm Desert
Award Construction Contract for Cahuilla Hills Park Improvements Project (MPK00005)

Page 4 of 4 ends

The remaining project budget available will be reallocated to other capital projects upon completion.

ATTACHMENTS:

1. Construction Contract

2. Contractor Bid

3. Payment and Performance Bonds Template

4. CEQA Notice of Exemption

5. NEPA Determination of Categorical Exclusion

6. Vicinity Map

6.7. Project Overlay
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 28th day of August, 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 Superb Engineering, An S Corporation, with its principal place of business at 2947 West Lincoln Street, #105, Banning, CA 92220. ("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:

Cahuilla Hills Park Improvements Project
Project No. MPK00005
(hereinafter referred to as “the Project”).

Construct improvements to Cahuilla Hills Park, including increased accessible parking, accessible park pathways and amenities, and new features including a large shade structure and barbeque area, landscaping that supports pollinators, and viewpoints for the scenic Santa Rosa mountains, as shown on plans and described in specifications.

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 120 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 One Million Forty-Nine Thousand Four Hundred Eighty-Five Dollars and 79/100 ($1,049,485.79). 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. 989
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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, Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or Project milestones established pursuant to the Contract.

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
CDBG-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. 990
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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.

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 991
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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.

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:
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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;
(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.
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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 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 994
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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 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 995
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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.

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 SUPERB ENGINEERING, 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
SUPERB ENGINEERING, INC., AN S

CORPORATION
By:

Estela Canelario
President
By:

Daniel Candelario
Treasurer
CSLB # 1074243 Class A – General
Contractor’s License Number and
Classification
DIR # 1001102935
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
997
998
City of Palm Desert
Finance Department
Veronica Chavez, Director of Finance
73-510 Fred Waring Drive, Palm Desert, CA 92260
[SUPERB ENGINEERING] RESPONSE DOCUMENT REPORT
IFB No. 2025-IFB-200
Construct Cahuilla Hills Park and Trailhead ADA Improvements RESPONSE DEADLINE: August 11, 2025 at 2:01 pm
Report Generated: Tuesday, August 19, 2025
Superb Engineering Response

CONTACT INFORMATION
Company:

Superb Engineering
Email:
[email protected]
Contact:

Daniel Candelario
Address:
2947 West Lincoln Street unit 105
Banning, CA 92220
Phone:

N/A
Website:
https://www.superb-engineering.com/
Submission Date:

Aug 11, 2025 1:57 PM (Pacific Time)
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 6, 2025 7:04 PM by Daniel Candelario
Addendum #2
Confirmed Aug 7, 2025 4:15 PM by Daniel Candelario

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
To 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.

1. In response to the Contract Documents for project number MPK00005and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.
1000
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5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.

6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

A. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or
B. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Confirmed

2. BID SCHEDULE*
IMPORTANT:

THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. 1001
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If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

I certify that I have read, understood the above statement.

Confirmed

3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.

Hard Copy Original Bid Bond (delivered before bid submittal deadline)

4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.

Bond ID: 0
Vendor ID: 0

5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. 1002
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6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

DESIGNATION_OF_SUBCONTRACTORS.pdf

7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

BIDDER_INFORMATION_AND_EXPERIENCE_FORM_(4).docx

8. 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. 1003
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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

9. IRAN CONTRACTING ACT CERTIFICATION*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

10. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. 1004
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No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.

Confirmed

11. 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.

PW-LR-1001102935
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12. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1074243
Click to Verify Value will be copied to clipboard
1005
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13. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this Contract.

Confirmed

14. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

15. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.

CARB-On_&_Off_Rd_Certs-1-25.pdf

16. SAM.gov*
Please enter your legal entity name for SAM.gov verification.

Superb Engineering, Inc.

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17. Proof of registration in the System for Award Management (www.sam.gov)* SAM.Gov_Registration.jpg

18. Proof of registration in the D&B Data Universal Numbering System (https://iupdate.dnb.com/iUpdate/companylookup.htm)* D&B_Registration.pdf
1006
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19. Federally required documents*

1. Section 3 Contract Clause (Exhibit 1)

2. New Hire Calculation Form (Exhibit 2)

3. Contractor’s Section 3 Affirmative Action Plan (Exhibit 8) with proof of publication

4. Section 3 Contract Award Considerations (Exhibit 9) with proof of publication

5. Women/Minority Business Owned Enterprises Good Faith Efforts (Exhibit 12)

6. Non-collusion Affidavit (Exhibit 15)

7. Federal Lobbyist Requirements Certification (Exhibit 16)

8. Certification and Understanding of Authorization (Exhibit 17) A. To be filed by subcontractor(s) as well

9. Additional Wage Rate Classification
A. If the contractor needs an additional job classification, said contractor must submit with the bid proposal a written, signed request naming the work classification(s) and the wage rate(s), including proposed fringe benefits.

Please download the below documents, complete, and upload. • Davis_Bacon_and_Related_Act...

Federal_Required_Documents.pdf

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

21. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website. 1007
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Palm Desert City CouncilAugust 28, 2025

Palm Desert City Council
August 28, 2025