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A8990 - MARINA LANDSCAPE, Inc
A8990 Page 1 of 1 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER City Project No. 21-13 Airport Demonstration Garden Contract Change Order Number: 1 Date: March 15, 2022 Contractor: Marina Landscaping, Inc. CONTRACT CHANGE ORDER SUMMARY During the course of construction, a soils analysis was conducted, it was determined that the existing on -site soils were not suitable to sustain any new plants. As a result, soil amendment is needed which was not accounted for during the original scope of work and contract amount. CONTRACT CHANGE ORDER COST Item No. DESCRIPTION UNIT AMOUNT 1 Soil Amendments per Soils Report LS $3,727.27 REASON FOR CHANGES: This is a change order in the amount of $3,727.27 and a onetime, lump sum cost, to mitigate the on-site soils to favorable nutrient levels needed for the plants to thrive. CHANGES TO CONTRACT TIME: There are no additional contract days requested by the contractor. Source of Funds: Sufficient funds budgeted and available in Unscheduled Capital Projects, Account No. 1382015.60025 Summary of Costs: Original Contract Amount: $157,266.50 Original Contract Time: 80 working days Previous Change Order Amount: This Change Order: $0 Previous Days Added: 0 This Change Order Amount: $3,727.27 Days Added: 0 Revised Contract Amount: 160,993.77 Revised Contract Time: 80 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Marina Landscape, Inc. Signature – Nikki Williams, Owner Rep Date City of Palm Springs Recommended By: Tracy Sheldon, Office of Sustainability Program Coordinator Date Approved By: Flinn Fagg, Deputy City Manager Date Attest By: Monique Lomeli, Acting City Clerk Date Attachments: (A) Marina Landscape Inc., Change Order Proposal Distribution: Original Conformed Copy: Conformed - File Copy: Contractor (1) Engineering Pay File (1) City Clerk (1) City Project File (1) Purchasing (1) Finance (1) DocuSign Envelope ID: 2A55842C-C705-4981-8F3E-987516FB220B 3/16/2022 3/16/2022 3/16/2022 3/16/2022 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this day of 0V, 2021, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Marina Landscape, Inc. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 — THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 The Work comprises of the conversion of an existing landscape area from turf and annuals to drought tolerant shrubs placed in crushed rock and mulch. The scope of work includes removal of the existing plant material, irrigation and mow curbs and the installation of concrete walkways, point source irrigation, shrubs, boulders, crushed rock, and all other work as described on the plans and specifications. ARTICLE 2 — COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AGREEMENT FORM AUGUST 2021 AGREEMENT AND BONDS - PAGE 1 55575.18165\32900158.2 AT retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 3 — CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractors Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is $157,266.50. Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non -Discrimination Certification, Non - Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 — MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AGREEMENT FORM AUGUST 2021 AGREEMENT AND BONDS - PAGE 2 55575.18165%32900158 2 AT to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 — NOTICES All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 8 — INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. ARTICLE 9 — PREVAILING WAGES Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation 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"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AGREEMENT FORM AUGUST 2021 AGREEMENT AND BONDS - PAGE 3 55575.18165132900158 2 AT ARTICLE 10 -- CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. ARTICLE 11—NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 12 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. 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. AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AUGUST 2021 55575.18165\3290015 8.2 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 4 AT IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By 644vpm— - Justin Cli n City Man er A 41 PROVED BY THECl Dat><7UNCIL: Agreement No. A 89 10 APPR411ED BY=MWGM P-I mC TT ST: (A/ftd &b6e Pra'etf PdA <4av0K y ntho ejia ity CI rk APPROVED AS TO FORM: By 0 /�7 J Ady S. roger City Attorney RECOMMENDED: r By Joel Montalvo, P.E. City Engineer AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AUGUST 2021 55575.18165\32900158.2 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 5 AT CONTRACTOR urr.��n�r�t��ii�►��� Firm/Company Name -. Name: l� fW Vl Title: 0 t-t V 1� l�� (notarized) Name: _ J `ice 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. (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms oi'Ve Agreement.) State of _ County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 AUGUST 2021 55575 18165.32900158.2 (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ) "e*Ee County of )ss 013 On before me, personally appeared who proved to me on the basis of satisfactory �yidence to be the person(s) whose name(s) is/alb subscribed to the within instrument and acknou edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by this/her/their signatures(s) on the instrument the p son(s), or the entity upon behalf of which the per n(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. Notary Signature: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS - PAGE 6 AT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange ) On October 25, 2021 before me, Linh Tran, Public Notary Date Here Insert Name and Title of the Officer personally appeared Ali Tavakoli and Kristen Ness Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) //are subscribed to the within instrument and acknowledged to me that �ie>'ailgYthey executed the same in I4a /their authorized capacity(ies), and that bybisA7a '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. , // /9 LINH TRAM WITNESS my hand and official seal. Notary Public • California lamy Orange County Commission a 2325146 Signature Comm. Expires Mar 20, 2024 Signature of Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r- Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Individual I Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BID PROPOSAL ACKNOWLEDGEMENT FORM BID TO: CITY OF PALM SPRINGS, CALIFORNIA BID FROM: Marina Landscape, Inc. The undersigned Bidder proposes and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO.21-13 Bidder accepts all of the term and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Performance Bond, Payment Bond, Warranty Bond, and all Permits required by the Contract Documents. Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of the California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provision of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bid Schedule(s). AIRPORT DEMONSTRATION GARDEN BID PROPOSAL ACKNOWLEDGEMENT CITY PROJECT NO. 21-13 PAGE 1 QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. SPECIAL NOTE: In the event of any "missing" bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any "missing" bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore. Dated: /6l2021 By: ( ignatwe) Printed Name: Hue Ta UMM O i'i i 1s. �• AIRPORT DEMONSTRATION GARDEN BID PROPOSAL ACKNOWLEDGEMENT CITY PROJECT NO, 21-13 PAGE 2 t::ty o? Pain: Spungs Page ^,irporr Clerno -,w.,Au.^r: wdan; ;-1 1. b:ilip.g oiI 10'7.1;2029 3:00 PM in;3?. Print-W 10IM;20al Bidder Details Vendor Name Marina Landscape Inc. Address 3707 W Garden Grove Blvd Orange, California 92868 United States Respondee Hue Ta Respondee Title Vice President of Estimating Phone 714-939-6600 Email estimator@marinaco.com Vendor Type License # Bid Detail Bid Format Electronic Submitted 10;14!2021 10:36 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 268010 Respondee Comment Buyer Comrnent AttaChments File Title File Name File Type Bidders list of subcontractors.pdf Bidders list of subcontractors.pdf Bidder's List of Subcontractors Local business prefererence program.pdf Local business prefererence program.pdf Local Business Preference Program Bid bond form.pdf Bid bond form:pdf Bid Bond Form rlagvir, _: i:u; 1 (:il'y bf Ptdn1 aj`IiRG`i Airx?rr �ernoaat^nliar. ojrdea i2 E-131. bido.irg n'I IOi13;2^27 3:00 PM (rrID 1j Frini'a'; (1^'ici2�l.? Line Items Discount Terms No Discount Item # Rem Code Type Rem De—Iptlon UOM QTY Unit Price Line Total Response Comment Section 1 5157,266.50 1 Mobilization LS 1 $15,D00.00 $15,000,00 Yes 2 Temporary Construction Fencing LF 1 S6,DD0.00 56,000.00 Yes 3 Temporary Construction Gates EA 2 $130.00 $260.00 Yes 4 Clearing and Grubbing LS 1 $12,500.00 S12,500.00 Yes 5 Remove Existing PCC LF 450 $13.00 $5,850.00 Yes 6 Irrigation Demolition LS 1 $3,700,00 S3,700.00 Yes 7 Minor Grading, Sell Export and Disposal CY 49 $120.00 $5,880.00 Yes e Construct New Colored Concrete Paths SF 1913 $i D50 $20,086.50 Yes 9 Relocate Trash Receptacle EA 1 $250.00 $250.00 Yes 10 Install Small Boulders (2'-31 EA 8 $230.00 $1,840.00 Yes 11 Install Large Boulders (4'-6') EA 4 $1,600.00 $6,400.00 Yes BIDDER'S LIST OF SUBCONTRACTORS As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non -responsive. A. BIDDER'S PORTION OF WORK Page 1 of 7-- 1. Name of Prime Contractor: Marina Landscape, Inc. 2. Bid Items /(Portion of Work to be Self -Performed (if less than 100% of the contract): 3. Dollar Amount of Work Self- 4. Percentage of Work Self- 5. Date: Performed: Performed: 1016/2021 yo By signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract Work with its own forces. B. LIST OF SUBCONTRACTORS IV 1. Type of Subcontractor (Check One) MFirst Tier; ❑ Second Tier; ❑ Supplier; Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. dress: �,� ^w� Z C/ 1 1L G 4. Bid Items/Portion of Work: 2_ _ _ _ p- 5. Phone No.:, t 6. Contractp's License No.: 7. Annual Grosse teipts: ' j `t �t��1 �� ❑ < $1 M 9.DIR Public Works Contractor 1j Registration No:. El< $15M ' s5M ❑ < $10M ❑ > $15M 8. Amount of Contra est-Work: S I _ (tD 10. Per entage of Contracted Work: 11. DBE Firm? ElYes No 12. DBE Certification No.: AIRPORT DEMONSTRATION GARDEN BIDDERS LIST OF SUBCONTRACTORS CITY PROJECT NO. 21-13 AUGUST 2021 BIDDER'S LIST OF SUBCONTRACTORS - (Continued) Copy this page as needed to provide a complete listing. ✓ Page Z of 1. Type of Subcontractor (Check One) ❑ First Tier; ❑ Second Tier; Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: _:V?_46n CA 92Z 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: V l 0<$1M 0<$5M 0<$10M 1❑ < $15M ❑ > $15M j 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: I 11 DBE Firm? ❑Yes ❑ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: - - - - - 3. Address: 4. Bid Items/Portion of Work: - 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: ❑ < $1 M ❑ < $5M ❑ < $10M 8. Amount of Contracted Work: _ 9. DIR Public Works Contractor Registration No: ❑ < $15M El> $15M 10. Percentage of Contracted Work; 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: .... _...... 4. Bid Items/Portion of Work: ... I ........ ..... _.... 5. Phone No.: 6, Contractor's License No.: 7. Annual Gross Receipts: ❑ < $1 M ❑ < $5M ❑ < $10M 8. Amount of Contracted Work: 9, DIR Public Works Contractor Registration No: ❑ < $15M El> $15M 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: AIRPORT DEMONSTRATION GARDEN BIDDERS LIST OF SUBCONTRACTORS CITY PROJECT NO. 21-13 AUGUST 2021 NON -COLLUSION DECLARATION The undersigned declares: am the Vice President of Estimatingof Marina Landscape, Inc. the (Title of Officer) (Firm/Company) party making the foregoing bid. 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 induced or solicited any other bidder to put in a false or 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. 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 and that this declaration is executed on 10/6/2021 , at Orange CA (Date) (City) (State) Signature Hue a - ,ice President of Estimating AIRPORT DEMONSTRATION GARDEN NON -COLLUSION DECLARATION CITY PROJECT NO. 21-13 AUGUST 2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r 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 Orange On October 6, 2021 before me. Date personally appeared Linh Tran; Public Notary Here Insert Name and Title of the Officer Hue Ta Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose nameA is/W subscribed to the within instrument and acknowledged to me that he/sl;efthry executed the same in hisAaeft"etr'authorized capacityaoso), and that by his/ on the instrument the persor*, or the entity upon behalf of which the personj* acted, executed the instrument. *my LINKTPAN Notary Public - CaliforniaOrange County Commission ✓f 2325146 Comm. Expires Mar 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrrgph is true and correct. / Z// WITNESS my hand and official seal. Signature Signature of Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): El Partner — C Limited i. General Individual J Attorney in Fact l Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: D Corporate Officer — Title(s): Partner — Limited G General i.- Individual J Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: XX 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5807 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter an agreement with Contractor, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. We agree specifically: To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM Marina Landscape, Inc. NAME OF PERSON SIGNING Hue Ta TITLE OF PERSON SIGNING Vice President of Estimatin DATE 10/6/2021 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. CERTIFICATION OF NON-DISCRIMINATION LOCAL BUSINESS PREFERENCE PROGRAM AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 It is the policy of the City to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents; workers, businesses, contractors, and consultants to the extent consistent with the law and interests of the public. The contract for this project is subject to the provisions of Section 7,09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub -Contracting)", which states; Local Preference in Public Works Contracts (Sub -Contracting). The prime contractor shall use good faith efforts to sub -contract the supply of materials and equipment to local business enterprises and to sub -contract services to businesses whose work force resides within the Coachella Valley'. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub -contractors, or by demonstrating that no local sub -contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub -contractors shall include notification of this subsection. The City Council or Director may reject as non -responsive the bid of any contractor proposing to use sub -contractors that fail to comply with the requirements of this subsection. FAILURE TO IDENTIFY GOOD FAITH EFFORTS ON THESE FORMS MAY BE SUFFICIENT CAUSE TO FIND THE BID NON -RESPONSIVE. BIDDERS SHALL ENSURE ALL APPROPRIATE GOOD FAITH EFFORTS ARE IDENTIFIED. Check all that apply: ❑,lam a local business located in the Coachella Valley. I made efforts to subcontract bid item(s), supply of materials, and/or services to local bush,"ses in the Coachella Valley M and I am using at least one to subcontract on this project. ❑ however, none were selected as a subcontractor for this project. I made efforts to subcontract bid item(s), supply of materials, and/or services to local bus�trnd ses whose workforce resides in the Coachella Valley I am using at least one to subcontract on this project. ❑ however, none were selected as a subcontractor for this project. 1 "Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. Forthe purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs, AIRPORT DEMONSTRATION GARDEN LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 21-13 PAGE 1 AUGUST 2021 Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with the Local Business Preference Program. In the event no local firms are listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall provide the following information: 1. A list of bid item(s), materials/supplies to be furnished, and/or services provided (i.e. hauling, crane, surveying) made to local businesses in the Coachella Valley: 2. A list of local subcontractors or businesses solicited for bids for this project. For each provide the following information: a. Name of firm solicited b. Date of initial solicitation c. Follow up methods (email, phone, in person) w/ dates 3. A list of publications used to solicit bids from businesses located in the Coachella Valley. If none, state as such. For each provide the following information: a. Name of publication b. Date(s) of advertisement 4. A list of Coachella Valley subcontractors, suppliers of materials, and/or businesses who provide services, who were selected to be a part of your bid on this project. For each provide the following information: a. Name of Company b. Bid item(s), materials supplied and/or services provided c. Estimated cost of materials or services provided d. Percentage of total project bid 5. A list of Coachella Valley subcontractors, suppliers of materials, and/or businesses who provide services, who were ultimately not selected to be a part of your bid on this project. AIRPORT DEMONSTRATION GARDEN LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 21-13 PAGE 2 AUGUST 2021 CITY OF PALM SPRINGS BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non -responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name: Marina Landscape, Inc. Address: 3707 W. Garden Grove Blvd, Orange CA 92868 Telephone Number: ( 714 ) 939-6600 Contact Person: Hue Ta - Vice President of Estimating E-Mail: estimator@marinaco.com Tax Identification Number: 95-3760820 2. TYPE OF FIRM: ❑ Individual ❑ Partnership ❑ Limited Liability Company ❑x Corporation (State Cam/ _ ) El Other (specify) N/A Minority Business Enterprise(MBE) N/A Women Business Enterprise(WBE) NIA Small Disadvantaged Business (SDB) N/A Veteran Owned Business NIA Disabled Veteran Owned Business 3. CONTRACTOR'S LICENSE: Primary Classification A.B.C27 C61 D59 State License Number(s) 492862 Supplemental License Classifications C29 C36 D49 DIR Public Works Contractor Registration No. 1000000079 4. BUSINESS LICENSE: Do you currently have an active City of Palm Springs Business License? Yes x No If Yes, License No.: AIRPORT DEMONSTRATION GARDEN BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 21-13 PAGE 1 AUGUST 2021 BIDDER'S GENERAL INFORMATION (Continued) 5. Number of years' experience as a contractor in this specific type of construction work: 50 6. List at least three related projects completed to date: a. Name of Project: Huntington Park Linear Greenway Contact: Cesar Roldan Phone: (323)584-6320 Location of Project (City/State): Huntington Park Contract Amount $3,281,476 Date Completed 8/15/2021 Description of Work Done: Irrigation and Landscape for linear park 7 L6 c Name of Project: Tustin Legacy Linear Park Segment 3 & 4 Contact: Joann Wu Phone: (714) 573 - 3157 Location of Project (City/State): Contract Amount $4,618;982 Tustin Date Completed 9/8/2019 Description of Work Done: landscape, irrigation, lighting, parking lot construction and prefabricated restroom building installation. Name of Project: West Hollywood Park Phase II Contact: Rafi Mouradian Phone: (818) 996-9666 x125 Location of Project (City/State): West Hollywood Contract Amount $1,200,000 Date Completed 4/24/2020 Description of Work Done: Irrigation & Landscape Name of Project Manager/Superintendent: Angel Lopez Name(s) of person(s) who inspected job site: Thanh Ta AIRPORT DEMONSTRATION GARDEN BIDDER'S GENERAL INFORMATION CITY PROJECT NO, 21-13 PAGE 2 AUGUST 2021 9. Surety Company and Agent who will provide the required Bonds: Name of Surety COATS SURETY SERVICES Address 23046 Avenida de la Carlota, Suite 600, Laguna Hills CA 92653 Surety Company COATS SURETY SERVICES Agent Matt Coats Telephone Numbers: Surety ( 949 ) 457-1060 Agent ( 949 } 887-6783 AIRPORT DEMONSTRATION GARDEN BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 21-13 PAGE 3 AUGUST 2021 ACORL�0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Edgewood Partners Insurance Center (EPIC) CONTPRODUCER NAME: Roxanne Camping 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 PHONE EX 949 417-9175 FAX alC No): 949 809 2375 AIL ADDRESS: roxanne.Cam In a icbrokers.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Clear Blue Specialty Insurance Company 37745 www.edgewoodins.com INSURED Marina Landscape, Inc. 3707 W. Garden Grove Boulevard INSURER B : Navigators Specialty Insurance Company 36056 INSURERC: INSURER D Orange CA 92868 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 646474gq REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/LDD�Y POLICY D/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ✓ OCCUR BI/PD Deductible: $5,000 ✓ �/ AR01RS210306200 8/1/2021 8/1/2022 EACH OCCURRENCE $1 000000 DAMAGE TO RENTED PREMISES Ea occurrence) ccurrence $ 100 000 ✓ ✓ GEN'L MED EXP (Any one person) $5000 Contractual Liability PERSONAL & ADV INJURY $ 1 000 000 AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ JECT ❑ LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2 00O 000 $ AUTOMOBILE 1 LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY q I COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Com /Coll Deductible $ B ✓ UMBRELLA LIAB EXCESS LABCLAIMS-MADE H OCCUR SE21EXCZ08UREIC 8/1/2021 8/1/2022 EACH OCCURRENCE $5000000 AGGREGATE $ 5 000 000 DEO ✓ I RETENTION SO I Products-Comp/Op Ag s5,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 0EICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ Ti DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: MLI JOB#: 152129 City of Palm Springs City Project No. 21-13 - Airport Demonstration Garden The City of Palm Springs, its officials, employees and agents are included as Additional Insureds as respects General Liability per the attached endorsements. General Liability is primary and non-contributory per the attached endorsements. General Liability Waiver of subrogation applies per the attached endorsement, CERTIFICATE HOLDER CANCELLATION MLI Job#: 152129 City of Pam S S Y P rin g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Vonda Teed, Engineering Division 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Anthony D'Asarc ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 64647499 1 21/22 GL/EXC I Roxanne Camping L 10/21 2021 7:12:12 AM i.PDT) I Page 1 of 5 This certificate cancels and supersedes ALL previously issued certificates. Marina Landscape, Inc. POLICY NUMBER: AR01RS210306200 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location(s) Of Covered Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 64647499 21/22 GL/EXC i Roxanne Camping I10/21/2021 7:12:12 AM (PDT) I Page 2 of 5 This cer ificate cancels and sunersedes ALL previously issued certificatPa. Page 1 of 1 ❑ Marina Landscape, Inc. POLICY NUMBER: AR01RS210306200 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 64647499 121/22 GL/EXC I Roxanne Camping L 10/21,12021 7:12:12 AM (PDT) I Page 3 of 5 This certificate cancels and supersep es ALL previously issued certificates. Page 1 of 1 ❑ Marina Landscape, Inc. POLICY NUMBER: AR01RS210306200 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 64647499 1 21/22 GL/EXC i Roxanne Camping 10/21/2021 7:12:12 AM (PDT) i Page 4 of 5 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 ❑ Marina Landscape, Inc. AR01RS210306200 10/21 /2021 COMMERCIAL GENERAL LIABILITY CG2001 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named In- sured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insur- ance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 64647499 1 21/22 GL/EXC I Roxanne Camping 1 10/21,2021 7:12:12 AM (PDT) I Page 5 of 5 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 ACORt7® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/21 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services CNTACT NAME: 2415 Campus Drive, Suite #200 Irvine, CA 92612 PHONNo. 949 486-7900 FAX No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Federal Insurance Company A++ XV 20281 www.patrisk.com OK07568 INSURED Marina Landscape, Inc. 3707 W. Garden Grove Boulevard INSURER B INSURERC: INSURER D : Orange CA 92868 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 64650693 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYpE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM D/YYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE RENTED PREM SESOEa occu ante $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JEC LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ 54310010 8/1/2021 8/1/2022 aBINEDISINGLE LIMIT (Ea $ 1 000 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPPER DAMAGE Per accident $ ✓ HIRED NON -OWNED AUTOS ONLY I,/ AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DIED I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFIC ER/MEMBER EXCLUDED? F N/A ✓ 54310011 8/1/2021 8/1/2022 �/ SPER 0 TATUTE ERH E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE- EA EMPLOYEE $1.000.000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: MLI Job #15219 / Project #21-13 Airport Demonstration Garden City of Palm Springs its officials, employees and agents are named as additional insured with respect to Auto Liability per the endorsement endorsement attached where required by written contract. Coverage is primary and non-contributory. Waiver of subrogation applies to Auto and WC. *30 day notice of cancellation / 10 days for non payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Vonda Teed, Engineering Division ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE ^ Dave Jacobson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 64650693 1 21/22 AU/WC I Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 1 of 6 54310010 Marina Landscape, Inc. COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c)180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A. 1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 —WHO IS AN INSURED —of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 64650693 1 21/22 AU/WC i Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 2 of 6 3. 4. (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE — of SECTION II — LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. — TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Cary -over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A.4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 64650693 1 21/22 AU/WC I Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 3 of 6 Under Paragraph D. - DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 64650693 1 21/22 AU/WC I Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 4 of 6 Marina Landscape, Inc. POLICY NUMBER: 54310010 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Marina Landscape, Inc. Endorsement Effective Date: 08/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. — "Other Insurance" of Item B. —"General Conditions" under Section IV — "Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 64650693 1 21/22 AU/WC I Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 5 of 6 Page 1 of 2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/1/2021 at 12:01 A. M. standard time, forms a part of (DATE) Policy NO.54310011 of the FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to Marina Landscape, Inc. Endorsement No. AuthorizddAepresentafive We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 1.00 % of total California premium. Schedule Person or Organization BLANKET WAIVER ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Job Description ALL CALIFORNIA OPERATIONS WC 99 03 04 (Ed. 7-08) 64650693 1 21/22 AU/WC I Mana White 1 10/21/2021 9:28:28 AM (PDT) I Page 6 of 6 City of Palm Springs Bid Results for Project Airport Demonstration Garden (21-13) Bid Due on October 14, 2021 3:00 PM (PDT) VendorlD Vendor Name 974089 Marina Landscape Inc. 1064849 Urban Habitat 1062352 Kormex Construction, Inc. 972836 Universal Construction and Engineering Bid Amount $157,266.50 $157,990.00 $198,000.00 $207,627.95 Home IA. CONTRACTORS STATE LICENSE BOARD 0 OContractorfs License Detail for License # 492862 DISCLAIMER: A license status check provides information taken from the CSLS license database. Before relying on this information, you should be aware of the following limitations. r CSLBcomplaintiisclowre is restricted bylaw(B&P 7124.6)Ifthisentilyissubject to public complaint disclosure click on link that will appearbetow, for more information. Click herefora definition of, isdosable actions. , Only tnnstrucuon miatedchdjudgmenumponed to CSLB are dleclused(B&P7D71.17). , Arbitrations are not listed unless the contractor bull to comply with the terms. 0us to workload, there may be relevant information that has not yet been entered into the board's license database. This license is current and active. All information below should be reviewed. a A- GENERAL ENGINEERING C27-LANDSCAPING a C36-PLUMBING a 8- GENERAL BUILDING a C-61/D49-TREE SERVICE a C-61/D59- HYDROSEED SPRAYING C29-MASONRY Data current as of 11/3/202112:20:18 PM Business rl'r;rmatiui MARINA LANDSCAPE INC 3707 W GARDEN GROVE BLVD ORANGE, CA 92868 Business Phone Number:(714) 939-6600 Entity Corporation Issue Date 06/03/1986 Expire Date 0613012022 Lice -rise Suiui Branding Intornlat on Contractor's Bond This license filed a Contractor's Bond with BERKLEY INSURANCE COMPANY. Bond Number. 0164893 Bond Amount: $15,000 Effective Date: 0110112016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual ROBERT BRUCE COWAN certified that he/she owns 30 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 12/10/2019 BQI's Bond History This license has workers compensation insurance with the FEDERAL INSU RANGE COMPANY Policy Rumber.54310011 Effective Data. 08/01/2019 Expire Date: 08/01/2022 Workers' Compensation History Other a Personnel listed on this license (current or disassociated) are listed on other licenses. Back to'i'op Conditions of use Privacy Policy Accessivility :ccessi ffllty Certzffication Copyright 0 2021 State of California Bond No.: 0240452 Premium: $1,167.00 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO.21-13 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract'), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Berkley Insurance Company a corporation organized and existing under the laws of the State of Delaware and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of One Hundred Fifty Seven Thousand Two Hundred Sixty Six and 50/100s Dollars ($ 157,266.50 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden 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 said Contract and any alteration thereof made as therein provided, on his or its parts, 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 the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. AIRPORT DEMONSTRATION GARDEN PERFORMANCE BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 1 AUGUST 2021 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 21st day of October , 20 21 CONTRACTOR: Marina Landscape, Inc. Check one: individual, _ partnership, X corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Marina Landscape, Inc. (NOTARIZED) Print Name and Title: SURETY: Berkley Insurance Company By signature (NOTARIZED) Print Name and Title: U VAVA t� Matthew J. Coats, Attomey-in-Fact By: signature (NOTARIZED) Print Name and Title: By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 "Default by the Contractor", as further amended by the Special Provisions. AIRPORT DEMONSTRATION GARDEN PERFORMANCE BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 2 AUGUST 2021 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ 8.00 per thousand. The total amount of premium charged: $ 1,167.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Berkley Insurance Company 475 Steamboat Road, Greenwich, CT 06830 (Name and Address of Agent or Berkley Insurance Company Representative for service of process in California if 4 Hutton Centre Drive, Suite 350, Santa Ana, CA 92707 different from above) (Telephone Number of Surety and Surety: (800)456-5486 Agent or Representative for service of process in California) Agent: (949)457-1060 AIRPORT DEMONSTRATION GARDEN PERFORMANCE BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 3 AUGUST 2021 State of _ County of On Date personally appeared PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) ALL-PURPOSE 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. before me, Name, Title of Officer NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of DOCUMENT AIRPORT DEMONSTRATION GARDEN PERFORMANCE BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 4 AUGUST 2021 CALIFORNIA• • • • / 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 [- 214 h 1, before me,VAA(A.� oAvm` L Date Here Insert Name and Title of thd Offi er personally appeared ,"U, iz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ha/they executed the same in hir/their authorized capacity(ies), and that by hr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KRISTENNESS ^ Notary Public . California Orange County > _ My Commission M 2267970 Comm. Expires Nov 25, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd fficial seal. Signature i Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - `ri%6� e. w+ N •N N 'B' 'C/ ' 0.d 'dc\s `bi'b -ei<'e/sv `'�4�.<�.<�c!4'✓4'ei4`:.LVc�4v4�'.4(✓.4\✓4� �<C✓,n�:�.<`.4\�sv4�.4\�'.� .�4. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `�".�i�:.'.1�"..'.�-.'?'�i::eS.`.Cris`C`6�.C`�dG"";`.t'�5;�?�?�.�ie�ieGc`�`.�^�L'6i�)fc�:u'�?��i::;YiC.-.."Nxc�':�C'if1n'.^,i..."C'.ff`�uY`.r�i�a`�.s:'��'��5a•::F�T,zs�`.L.'2f`�`.a:�`# 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 Orange ) On 0 C T 2 12021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) 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. *my SUMMER L. REYES Notary Public • California Orange County Commission # 2339686 Comm. Expires Dec 8, 2024 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 Signatu of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.Nationa[Notary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 No. BI-7987c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE b NOTICE: The warning found elsewhere in this Power of Attomey affects the validity thereof Please review carefully. c KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats or Matthew J. Coats of Coats Surety f Insurance Services, .Inc. of Laguna Hills, CA its true and lawful Attorney -in Fact, to sign its name as surety only as delineated c below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its E principal office in their own proper persons. ° This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, b o> > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following c resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20I0: 0 c RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board„ Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant oL Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 0 o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such a attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, H or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the TW manner and to the extent therein, stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and c further RESOLVED, that the signature of any authorized officer and the seal of the. Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or as other suretyship obligation of the Company; and such signature and seal when so used shallhave the same force and effect as Y though manually affixed. The Company may continue to use for the, purposes herein stated the facsimile signature of any c' person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have -o E ceased to be such at the time when such instruments shall be issued. IN WITNESS 9JHEREOF, the Com�,,�� y has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 405ay of &kh-- S o �e Attest: Berk Insurance Company F� (Seal) By By o I ederman le after o Executive Vice President & Secretary S e . esrdent WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut, this day of 2A l by Ira S. Lederman Y and Jeffrey M. Eiafter who are sworn to me to be the Executive Vice Preside Secretary, and Senior Vice President, c � respectively, of Berkley Insurance Company. NQTARy�i°A,AE� CONNECTICUT W COMMISSION EXPIRES Cn = AP►aLA2024 Aotary Public, State of Connecticut O ' CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 7� true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of 3 Attorney is attached, is in full force and effect as of this date. I Given under my hand and seal of the Company, this day of Z/ . (Seal) Vincen . orte Bond No.: 0240452 PAYMENT BOND — PUBLIC WORKS Premium: $1,167.00 KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Berkley Insurance Company , a corporation organized and existing under the laws of the State of Delaware and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of One Hundred Fifty Seven Thousand Two Hundred Sixty Six and 501100s Dollars ($ 157,266.50 ) said sum being not Jess than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. AIRPORT DEMONSTRATION GARDEN PAYMENT BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 1 AUGUST 2021 PAYMENT BOND — PUBLIC WORKS (CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 21st day of October , 20 21 CONTRACTOR: Marina Landscape, Inc. Check one: individual, _ partnership, x corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY: Marina Lands e, Inc. Berkley Insurance Company By: By s nature signature (NOTARIZED) (NOTARIZED) Print Name and Title: Print Name and Title: Matthew J. Coats, Attorney -in -Fact By: signature (NOTARIZED) Print Name and Title: AIRPORT DEMONSTRATION GARDEN PAYMENT BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 2 AUGUST 2021 PAYMENT BOND — PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ N/A per thousand. The total amount of premium charged: $ Included with performance bond. (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Berkley Insurance Company 475 Steamboat Road, Greenwich, CT 06830 (Name and Address of Agent or Berkley Insurance Company Representative for service of process in California if 4 Hutton Centre Drive, Suite 350, Santa Ana, CA 92707 different from above) (Telephone Number of Surety and Surety: (800)456-5486 Agent or Representative for service of process in California) Agent: (949)457-1060 AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO. 21-13 PAYMENT BOND AUGUST 2021 AGREEMENT AND BONDS - PAGE 3 State of _ County of On Date personally appeared PAYMENT BOND — PUBLIC WORKS (CONTINUED) ALL-PURPOSE 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. before me, Name, Title of Officer NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of DOCUMENT AIRPORT DEMONSTRATION GARDEN PAYMENT BOND CITY PROJECT NO. 21-13 AGREEMENT AND BONDS - PAGE 4 AUGUST 2021 CALIFORNIAALL-PURPOSE• • • / .�._.c�1ca w .w<.a_.A .w .c1C!P .�Y.v. s�N.a .�<,q<..1 .a s� .c><!� _wi_ca .c�<�.:..c�.�.•�:�•�.�:�:�<�' o�:�: �t -�:� �• ^.•�^ •�• a.� 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 2,2, uzlbefore me, Da a Here Insert Name and Title of the personally appeared Name(s) of Signer(s) 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 h/they executed the same in hirer/their authorized capacity(ies), and that by ter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KRISTEN NESS Notary Public . California _..• Orange County ' Commission ; 2267970 My Comm. Expires Nov 25, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n a official seal. I Signature S" ture o otary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ate '✓ •, w •di• d 'e• •spy\. •dQ:dgy •a.,•er d •y -rif'ei4V'e'6vi'v✓<'v:'.v:'•iG�:<✓4`..:'✓h✓L�✓:���.�✓.K✓.�.:.K✓4Ci..`:.'n� '✓s-✓c- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `.`�'s�;i�.;�?�s?�5,:�:C•5.s`Sa`�`6`r,�K`ac-�:`.1��'s,�.�,�?��S6t�e�,kY`.s,yti�;.�^.�at.��,&Y"a71�i�,^�t"::'��^��s,:�ii�;k�`,�r�'•,^�'-� 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 Orange ) On O C 3 2 i1 2021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) 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. SUMMER L. REYES S J Notary Public - California i - � Orange County �+ Commission # 2339686 ' iFo " My Comm. Expires Dec 8, 2024 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 Signatu of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 No. B1-7987e POWER OF ATTORNEY BERKLEY INSURANCE. COMPANY WILMINGTON, DELAWARE .b NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly C organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coals or Matthew J. Coats of Coals Surety Insurance Services, lnc. of Laguna Hllis, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated 2 ,� below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been. duly executed and acknowledged by the regularly elected officers of the Company at its E principal office in their own proper persons. a a� This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of "Directors of the Company held on January 25, 2010: c RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief 0 Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant oSecretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate. seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such n attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, H or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further c RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and E Cd further 2 to RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as E though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o' person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have a E ceased to be such at the time when such instruments shall be issued. -o IN WITNESS WHEREOF, the Corn y has caused these presents to be signed and attested by its appropriate officers and its ° ° corporate seal hereunto affixed thisray of 1ulA o Attest: Berkl Insurance Company H (Seal) By By o ,� irar . Lederman JJeg3.aftero Executive Vice President & Secretary esident n WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. o � STATE OFCONNECTICUT) )ss: o COUNTY OF FAIRFIELD 0 Sworn to before me, a Notary Public in the State of Connecticut, this _AJ day of , IZA t9 , by In S. Lederman and leffrey M. flatter who are sworn to me to be the Executive Vice Presiden Secretary, and dA Senior Vice President, MARIA respectively, of Berkley Insurance Company. tAp°AI^�� q y MYCaMMIS5ONEXPIRES nrruua0,=4 Aot&Public, State o Connecticut o U '11� CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of 3 i-: Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this �� � day of (Seal) Vincen . orte STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07382 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Berkley Insurance Company Of Wilmington, Delaware organized under the laws of Delaware , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized io transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 10th day of July , 2001 , I have hereunto set my hand and caused my official seal to be affixed this i0tri day of July 2(101 By NOTICE: Qualification with the Secretary of State must be accomplished as required by the CaHoaua Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CU•] Ea o3r oo .79391 KNOW ALL PERSONS BY THESE PRESENTS, That Marina Landscape, Inc. as Principal, and Berkley Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of. - Ten percent (10%) of the total amount of the bid dollars for the (not less than 10 percent of the total amount of the bid) payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: AIRPORT DEMONSTRATION GARDEN CITY PROJECT NO.21-13 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 29th day of September 2021 EXECil ED FOR THE PRINCIPAL: BYrina c�e, Inc. Signature (NOTARIZED) Print Name and Title: By Signature (NOTARIZED) Print Name and Title: EXECUTED FOR THE SURETY: Berkley Insurance Company By l/ Signature (NOTARIZED) Print Name and Title: Matthew J. Coats, Attorney -in -Fact AIRPORT DEMONSTRATION GARDEN BID BOND (BID SECURITY FORM) CITY PROJECT NO. 21-13 AUGUST 2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange ) On October 6, 2021 before me, Linh Tran, Public Notary Date Here Insert Name and Title of the Officer personally appeared Hue Ta Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personw whose nameA is/0.6 subscribed to the within instrument and acknowledged to me that heLsAekhep executed the same in his4l4e#t ieff authorized capacity0s), and that by his on the instrument the person*, or the entity upon behalf of which the personL* acted, executed the instrument. Oka *my LlNH TRAN Notary Public - California orange County Commission 0 2325146 Comm. Expires Mar 20, 2024 I certify under PENALTY OF PERJURY under the of the State of California that the foregoing parac is true and correct. WITNESS my hand and official seal. Signature Signature of Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — f:::] Limited 1], General Individual C. Attorney in Fact Trustee C::'. Guardian or Conservator -.1 Other: Signer Is Representing: Number of Pages: Signer's Name: _I Corporate Officer — Title(s): Partner — Limited ` General El Individual D Attorney in Fact !..:.. Trustee ❑ Guardian or Conservator i`_. Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ;Yf"S'-x'XX"x1 �as�GY:h �! xsnr< .L x3S a Ya"xG!:. ki5 s ewa�2i E. u x: 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 Orange ) On S�q2021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public • California = Orange County 9 Commission # 2339686 Comm. Expires Dec 8, 2024 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. "I Signature Signatur of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -1 Corporate Officer — Title(s): I Partner — 1. Limited O General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: €:...I Corporate Officer — Title(s): Partner — ❑ Limited General El Individual [I Attorney in Fact Trustee 'Guardian or Conservator Other: Signer Is Representing: cGz�.;G�c"�roICCZ 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item ;#5907 No. 11I-7987c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted .v and appointed, and does by these presents make, constitute and appoint: Linda D. Coats or Matthew J. Coats of Coats Surety Insurance Services, Inc. of Laguna H111% CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seat, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.&M,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. u U This Power of .Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, } without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following w resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20I0: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such n attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the v manner -and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and c - further ' RESOLVED; that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any s power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or c f other suretyship obligation of the Company; and such signature and seal when so used shall. have the same force and effect as w though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Campy has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this L 3ay of "Auk o -a it Attest: jBerkll,urance Company t (Seal) By rif ederman after Executive Vice President & Secretary e esident ' WARNING: THIS POWER INVALID 1F NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. v STATE OF CONNECTICUT ) COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this !_.2 day of Zl t by Ira S. I etterman and Icffrcy M. ITatter who are sworn to me to be the Executive Vice Presiden9# Secretary, and Senior Vice President, respectively, of Berkley insurance Company. PIA'OTA C: uicy CONNECTICUT MY COMMISSION EXPIRES APHa. an, ZM4 Aotiry Public, State o Connecticut :3 c CERTIFICATE Z 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a , true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded ,.� and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of :» Attorney is attached, is in full force and effect as of this date. y� / �Z j Given under my hand and seal of the Company, this 9 - &y of ?� (Seal) V incen .. orte M�A►.R�111 � SliH (ilUN�irJg Marina Landscape, Inc. Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2) Assistant Secretaries available to sign Documents, or in the absence of the President/CEO/Secretary, be it: Resolved, that the CFO, Vice Presidents, and Assistant Secretaries of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, In the name of and on behalf of this Corporation. Resolved, that Hue Ta is assigned the title of Vice President of Estimating, and is authorized as such to sign Contracts, Bid Documents, and Bid Bonds. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc,, a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation on March 1, 2019, and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above -named Corporation this V day of March, 2019. Robert B. Cowan, Secretary Marina Landscape, Inc. MARINA LANDSCAPE, INC. 3707 LN Garden Grove Blvd , Orange CA 92868-4803 is 714,939.6600 ` 714 935 1199 w marinaco com . License #492862. A B C27 C29 C36, D49, D59 CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Marina Landscape, Inc. Company Contact: Hue-Ta, Vice President of Estimating Summary of Services: CP 21-13, Airport Demonstration Garden Contract Price: $157,266.50 Funding Source: Sustainability funds Contract Term: To be determined by the Notice to Proceed Contract Administration Lead Department: Development Services — Engineering/Sustainability Division Contract Administrator: Joel Montalvo/Patrick Tallarico/Art Cervantes Contract Approvals City Manager Approval Date: TBD Agreement Number: A 8 g 9 0 Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: Attached Contract Prepared By: Engineering Division Submitted on: 11/03/2021 By: Vonda Teed YV` V afkLM V � N c'441FORN�P MEMORANDUM To: City of Palm Springs Development Services Department Engineering Division Office of the City Clerk From: Sustain ability/Engineering Division Subject: CP 21-13 — AIRPORT DEMONSTRATION GARDEN Date: November 3, 2021 Attached are the following documents: ✓ Contract Abstract 2 sets of contract documents executed by Contractor and notarized Performance Bond ✓ Payment Bond Original Bid Copy of Bid Bond Certificates of Insurance for the required policies V Copy of Bid Abstract I/ Confirmation of status of contractor's license Monique Lomeli From: Patrick Tallarico Sent: Wednesday, November 3, 2021 11:40 AM To: Jeff Ballinger, Justin Clifton; Anthony Mejia; Monique Lomeli Cc: Tracy Sheldon; Art Cervantes Subject: Contract for Marina Landscaping - Airport Demonstration Garden Hi Jeff, Justin, Monique and Anthony, I wanted to let you know that Vonda is going to be sending over a contract this afternoon for the Airport Demonstration Garden. The contract is with Marina Landscaping. It is considered a City project under the threshold that requires Council approval. We would appreciate a fast track for this contract because we are fighting the clock on planting season. We want to get them working on killing the turf as soon as possible so they can get the plants in the ground no later than January. Please do let me or Art know if you have any questions. Thank you! Patrick Patrick M. Tallarico, CPF, LEED AP (BD+C) Manager, Office of Sustainability City of Palm Springs, CA 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Desk: 760.323.8214 Mobile: 760.668.7835 Patrick.Tallarico@palmspringsca.gov Web: www.Voursustainablecity.com Regular Hours: 8 AM-6 PM Monday through Thursday 0 CERTIFICATE HOLDER 4094 03/06 Insurance Company: FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN Policy Number: 381 5007601982 02 Effective Date: 01/31/23 Expiration Date: 01/31/24 Named Insured: LINH TRAN STE 157-834 751 S WEIR CANYON RD ANAHEIM CA 92808-1962 Property Location: 399 W SANTA CATALINA RD Certificate Holder: CITY OF PALM SPRINGS A CALL CHARTER CITY & MCP. CORP 3200 E TAHOUITZ CANYON WAY PALM SPRINGS CA 92262-6959 RECEIVED FEB 0 2 2023 Office of the City Clerk The dwelling described on this certificate is insured by the policy shown. If this policy is terminated, notice will also be mailed to the Certificate Holder named above. This certificate does not amend or supercede any provision of the policy. 4094 03/06 CERTIFICATE HOLDER 4094 03/06 Insurance Company: FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN Policy Number: 381 5007601982 01 Effective Date: 01/31/22 Expiration Date: 01/31/23 Named Insured: LINH TRAN STE 157-834 751 S WEIR CANYON RD ANAHEIM CA 92808-1962 Property Location: 399 W SANTA CATALINA RD Certificate Holder: CITY OF PALM SPRINGS A CALL CHARTER CITY & MCP.CORP 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 RECEIVED FEB 0 2 20Z3 Office of the City Clerk The dwelling described on this certificate is insured by the policy shown. If this policy is terminated, notice will also be mailed to the Certificate Holder named above. This certificate does not amend or supercede any provision of the policy. 4094 03/06 1301 301-5NMl1 '4 PP9'!Po CERTIFICATE HOLDER 4094 03/06 Insurance Company: FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN Policy Number: 381 5007601982 02 Effective Date: 01/31/23 Expiration Date: 01/31/24 Named Insured: LINH TRAN STE 157-834 751 S WEIR CANYON RD ANAHEIM CA 92808-1962 Property Location: 399 W SANTA CATALINA RD Certificate Holder: CITY OF PALM SPRINGS A CALL CHARTER CITY & MCP. CORP 3200 E TAHOUITZ CANYON WAY PALM SPRINGS CA 92262-6959 The dwelling described on this certificate is insured by the policy shown. If this policy is terminated, notice will also be mailed to the Certificate Holder named above. This certificate does not amend or supercede any provision of the policy. 4094 03/06 RECEIVED FEB 13 2023 City Hall Reception Desk 911 set-!W'/w1w