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^ cq��F0104 City Council Staff Report
DATE: June 1, 2016 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO MARIPOSA
LANDSCAPES, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT
OF $1 ,494,970.76 FOR LANDSCAPE AND GROUNDS MAINTENANCE
SERVICES, INVITATION FOR BIDS NO. 16-02
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to continue providing required landscape and
grounds maintenance services at all City parks, facilities, landscaped medians and
parkways, landscape Assessment Districts, and at the Airport.
RECOMMENDATION:
1. Award an initial one year Contract Services Agreement for Landscape and Grounds
Maintenance Services (Agreement No. ) to Mariposa Landscapes, Inc., a
California Corporation, in the amount of $1,494,970.76 for the services identified in
Bid Schedules A through F, inclusive, (excluding the full amount of $929,480 for Bid
Schedule G for annual tree trimming services);
2. Authorize a Contract Change Order and issuance of an additional Purchase Order in
the amount of $339,880 in accordance with the unit prices identified in Bid Schedule
G for annual tree trimming services;
3. Authorize the City Manager to approve and execute Contract Change Orders up to
an additional cumulative amount of $100,000 for additional or emergency landscape,
grounds maintenance or tree trimming services; and
4. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City has historically contracted for landscape and grounds maintenance services
since 1995, privatizing these services in an effort to reduce General Fund operating and
maintenance costs. Most recently, on June 5, 2013, the City Council awarded a contract
ITEM NO. 5 6.
City Council Staff Report
June 1, 2016 -- Page 2
Award Landscape &Grounds Maintenance Services Contract
in the amount of $1,171,577 to Golden Valley Construction for a contract term of three
years, expiring on June 30, 2016. In preparation for the expiration of the current
contract, staff prepared comprehensive landscape and grounds maintenance service
specifications for bidding, inclusive of various areas at the Palm Springs International
Airport. Currently, landscape and grounds maintenance services at the Airport are
provided by City employees; commencing with this contract on July 1, 2016, staff is
recommending that these services be transferred to a private contractor allowing the
existing Airport employees to be utilized for other maintenance services throughout the
Airport. No Airport employees will suffer loss of employment as a result of an award of
this contract.
As detailed in the contract specifications, the scope of work includes landscape and
grounds maintenance services, including tree trimming services, of landscaped
parkways and medians, at City parks, and at various City facilities, including:
• Landscape and grounds maintenance, and tree trimming, at 10 City parks consisting
of approximately: 89.8 acres of turf, 2,000 trees, and 150 acres total maintained
areas.
• Landscape and grounds maintenance, and tree trimming, at 16 various City facilities
consisting of approximately: 3.4 acres of turf, 800 trees, and 15 acres of total
maintained areas.
• Landscape and grounds maintenance, and tree trimming, at 27 various areas of
parkways and/or medians consisting of approximately: 2.6 acres of turf, 1,600 trees,
and 30.6 acres of total maintained areas.
• Landscape and grounds maintenance, and tree trimming, at 8 separate Landscape
Maintenance Districts consisting of approximately: 2.1 acres of turf, 700 trees, and
11.5 acres of total maintained areas.
• Landscape and grounds maintenance, and tree trimming, at 19 separate "Zones" of
Airport property consisting of approximately: 8.5 acres of turf, 18 acres of desert
landscape, 13.4 acres of native landscape, 500 trees, and 40 acres of total
maintained areas.
• Palm tree trimming services along designated streets, including Palm Canyon Dr.
and Indian Canyon Dr., consisting of approximately 1,000 palm trees.
Overall, the scope of this contract includes landscape and grounds maintenance, and
tree trimming services for a total of approximately 247.5 acres of landscaped areas,
parkways, and medians, including 106 acres of turf, and 6,600 trees.
Prior landscape and grounds maintenance service contracts awarded by the City had
segregated the services with two separate contracts: one for City parks and facilities,
and a second for landscape medians, parkways and Assessment Districts. In these
prior contracts, segregating these services proved unsuccessful, and the City merged
the services under one contract. The most recent contract awarded to Golden Valley
Construction combined all required landscape services under a single contract.
02
City Council Staff Report
June 1, 2016-- Page 3
Award Landscape & Grounds Maintenance Services Contract
Staff coordinated bidding of this contract through the Procurement and Contracting
Division, as Invitation for Bids No. 16-02. The contract specifications were advertised in
the Desert Sun on March 17 and March 24, 2016. The notice inviting bids was widely
distributed to all registered landscape contractors, as well as ten various construction
plan rooms providing bid coordination throughout the entire southern California area.
During the bidding process, three landscape contractors had registered to bid, however,
despite the City's efforts to widely solicit bids for this contract, on May 5, 2016, the City
received one responsive bid from Mariposa Landscapes, Inc., from Irwindale, California.
The City's bid specifications identified separate Bid Schedules for the various types of
landscape and grounds maintenance services. The bid submitted by Mariposa
Landscapes, Inc., identifies costs for these services as follows:
Bid Schedule A (10 City Parks & 5 Trail Heads): $672,840.12
Bid Schedule B (16 City Facilities): $152,179.08
Bid Schedule C (27 Landscaped Parkways & Medians): $175,207.80
Bid Schedule D (8 Landscape Assessment Districts): $69,633.24
Bid Schedule E (19 Landscape "Zones" around the Airport): $286,152.12
Bid Schedule F (Annual Turf Re-Seeding): $138,958.40
Bid Schedule G (Annual Tree Trimming): $929,460.00
The total bid submitted by Mariposa Landscapes, Inc., was for$2,424,450.76.
As a way to demonstrate the cost difference for directly comparable scopes of work,
Table 1 provides a direct comparison of the contract prices previously awarded to
Golden Valley Construction vs. the new contract prices with Mariposa Landscapes for
the City Parks, and Table 2 provides a direct comparison of the contract prices for City
Facilities.
Golden Valley Construction Maris osa Landscapes,Inc.
Baristo Park $ 4,080.00 Baristo Park $ 17 486.76
Demuth Park $ 156,000.00 Demuth Park $ 184,724.52
Desert Highland Park $ 57 140.00 Desert Highland Park $ SS 025.76
Dog Park&Co-Gen Complex $ 4,500,00 Dog Park&Co-Gen Complex $ 35,108.40
Frances Stevens Park $ 10 740.00 Frances Stevens Park $ 33,353.04
Gene Autry Trail Park $ 5,000.00 Gene Autry Trail Park $ 7,291.80
Ruth Hardy Park $ 63 930.00 Ruth Hardy Park $ 98,506.20
Sunrise Park $ 105 510.00 Sunrise Plaza $ 141514.08
Victoria Park $ 23,010.00 Victoria Park $ 60 562,08
Wellness Park $ 16,500.00 Wellness Park $ 22 381.68
Trail Heads 7200.00 Trail Heads $ 16885.80
Total $ 453,610.00 Total $ 672,840.12
Table 1
U3
City Council Staff Report
June 1, 2016-- Page 4
Award Landscape & Grounds Maintenance Services Contract
Golden Valley Construction Maris osa Landscapes,Inc.
Animal Shelter $ 21600.00 Animal Shelter $ 19,224.60
City Corporate Yard 8500.00 City Corporate Yard $ 10030.20
City Hall $ 28000.00 City Hall $ 29061.96
Demuth Community Center 5100.00 Demuth Community Center $ 14,209.56
CVEP Building $ 11100.00 CVEP Building 15,045.36
Fire Station#1&HenryFrank Arcade Lot $ 700.00 Fire Station#1&HenryFrank Arcade Lot $ 7,522.68
Fire Station#2 $ 7000.00 Fire Station#2 $ 5015.16
Fire Station#3 $ 2,500.00 Fire Station#3 $ 417.96
Fire Station#4 4,800.00 Fire Station#4 $ 1671.72
Fire Station#5 $ 4,200.00 Fire Station#5 5,015.16
Fire Training Facility $ 1300.00 Fire Training Facility $ 1157.28
Household Hazardous Waste Disposal Facilitiy 5,400.00 Household Hazardous Waste Disposal Faciliby $ 6686.88
PalmSprings Train Station $ 4500.00 PalmSprings Train Station 7415.52
Palm Springs Visitor's Center $ 4,200.00 Palm Springs Visitor's Center $ 5 015.16
Police Department $ 11500.00 Police Department $ 22375.20
Police De artment E uestrian Center $ 720000 Police Department Equestrian Center $ 231468
Golden Valle Construction 127400.00 Madisposal Landscaping,Inc. $152179.08
Table 2
Staff is recommending that the City Council award a contract for a one year term to
Mariposa Landscapes, Inc., inclusive of Bid Schedules A through F, but excluding the
full cost of the annual tree trimming identified in Bid Schedule G. The recommended
contract amount is $1,494,970.76 for all services excluding annual tree trimming.
Bid Schedule G provided a means for the contractor to identify unit prices for various
tree trimming services, and identified estimated quantities of required tree trimming City
wide. In the bid specification, the City identified the following for required tree trimming
services:
• Tree Trimming (Aesthetic / Full Trim): 3,100 trees
• Palm Tree Trimming (Filfera): 1,300 trees
• Palm Tree Trimming (Robusta): 2,200 trees
• Complete Tree Removal: 4,800 diameter-inch
• Fully Equipped 3 person crew (normal business hours) 120 Hours
• Fully Equipped 3 person crew (overtime) 60 Hours
U4
City Council Staff Report
June 1, 2016-- Page 5
Award Landscape &Grounds Maintenance Services Contract
Mariposa Landscapes, Inc., submitted unit prices for annual tree trimming as follows:
• Tree Trimming (Aesthetic/ Full Trim); 3,100 trees x $180 EA = $558,000
• Palm Tree Trimming (Filfera); 1,300 trees x $40 EA = $52,000
• Palm Tree Trimming (Robusta); 2,200 trees x $55 EA = $121,000
• Complete Tree Removal; 4,800 diameter-inch x $32 = $153,600
• Fully Equipped 3 person crew (normal business hours); 120 Hours x $219 = $26,280
• Fully Equipped 3 person crew (overtime); 60 Hours x $310 = $18,600
Total cost of annual tree trimming = $929,480
In order to reduce the overall cost of this contract, staff recommends a reduced quantity
of annual tree trimming, to focus on trimming 500 priority trees (reduced from an
estimated 3,100) in the City's various parks and facilities, landscaped medians and
parkways. Staff also recommends a reduced quantity of tree removals, to focus on
removing up to 1,000 diameter-inches of trees (reduced from an estimated 4,800
diameter-inches). However, staff recommends the full quantity of palm tree trimming be
included with the award of contract, as well as maintaining budget for additional on-call
emergency services both during and outside of normal working hours. The reduced
scope of annual tree trimming would be quantified as:
• Tree Trimming (Aesthetic / Full Trim); 500 trees x $180 EA = $90,000
• Palm Tree Trimming (Filfera); 1,300 trees x $40 EA = $52,000
• Palm Tree Trimming (Robusta); 2,200 trees x $55 EA = $121,000
• Complete Tree Removal; 1,000 diameter-inch x $32 = $32,000
• Fully Equipped 3 person crew (normal business hours); 120 Hours x $219 = $26,280
• Fully Equipped 3 person crew (overtime); 60 Hours x $310 = $18,600
Reduced cost of annual tree trimming = $339,880
Given that the City was not successful in soliciting multiple competitive bids, staff
recommends that the award of this contract be limited to one year, and that staff will
rebid this contract next year for consideration of award of a new contract for July 2017.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that Mariposa Landscapes, Inc., is registered with the DIR, and is appropriately
licensed.
05
City Council Staff Report
June 1, 2016-- Page 6
Award Landscape & Grounds Maintenance Services Contract
Mariposa Landscapes, Inc., of Irwindale, California, submitted the only responsive bid;
staff reviewed the bid and contractor's license, and found Mariposa Landscapes, Inc., to
be properly licensed and qualified. A Contract Services Agreement with Mariposa
Landscapes, Inc., is included as Attachment 1.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to 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. Mariposa
Landscapes, Inc., is from Irwindale, California, and is not considered a local business,
and has not listed any subcontractors (is self-performing all required work). However,
Mariposa Landscapes, Inc., did include sufficient good faith efforts to solicit local
business as part of its bid documents.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 (h) projects
consist of the maintenance of existing landscaping and native growth; therefore, award
of the landscape and grounds maintenance services contract is considered categorically
exempt from CEQA.
FISCAL IMPACT:
The recommended contract award is $1,494,970.76 for the landscape and grounds
maintenance services identified in Bid Schedules A through F, inclusive, plus $339,880
for tree trimming services, for a total cost of $1,834,850.76. This cost includes the
addition of landscape and grounds maintenance, and tree trimming services at the
Airport for a cost of $325,028.12; the total cost excluding the Airport is $1,509,822.64
which is $338,245.64 more than the bid amount of $1,171,577 awarded to Golden
Valley Construction in 2013. The increased cost is a result of this contract now being
subject to and including prevailing wages as a result of state law effective January 1,
2015.
06
City Council Staff Report
June 1, 2016-- Page 7
Award Landscape & Grounds Maintenance Services Contract
An additional budget appropriation of $300,000 from the General Fund in the Parks
Maintenance Department Account will be required to award this new landscape
maintenance contract. Funding for this contract is budgeted as part of the Fiscal Year
2016/2017 budget in the following accounts:
General Fund (Fund 001) (78% of contract)
001-2116-43240 $5,015.16
001-2451-43240 $1,337,297.08
001-2451-43065 $69,840.00
001-2451-43500 $4,629.36
001-2451-43520 $2,314.68
001-3520-43060 $1,135.00
001-4471-43200 $8,175.52
Landscape Assessment Districts Fund (Fund 141) (4% of contract)
141-4310-43530 $2,696.04
141-4310-43550 $5,764.36
141-4310-43560 $2,534.68
141-4310-43570 $5,506.96
141-4310-43580 $5,179.36
141-4310-43590 $38,575.40
141-4310-43595 $20,117.44
141-4310-43597 $771.60
Airport Fund (Fund 415) (18% of contract)
415-6175-43065 $325,028.12
SUBMITTED:
Prepared by: Approved by:
rcus L. Fuller, M)bA, P.E., .L.S. David H. Ready, E
Assistant City Manager/City Engineer City Manager
Attachments:
1. Contract Services Agreement
07
ATTACHMENT 1
CONTRACT SERVICES AGREEMENT
FOR
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
THIS AGREEMENT made this day of , 20, 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 Mariposa Landscapes,
Inc., a California corporation, hereinafter designated as the Contractor.
WHEREAS, City has determined it is in the public interest to contract for certain services which are
necessary or convenient to the exercise of its powers; and
WHEREAS, the City is desirous of retaining a contractor to provide landscape and grounds
maintenance services; and
WHEREAS, the City did issue an Invitation for Bid ("IFB") No. 16-02, seeking sealed bids for the
provision of landscape and grounds maintenance services, including tree trimming services, and setting
for the terms, conditions and covenants governing the provision of such services; and
WHEREAS, the City did open all bids submitted in response to IFB No. 16-02; and
WHEREAS, the City has determined that Contractor is an appropriately qualified company submitting a
bid, and that the Contractor's Bid was the most competitively priced bid submitted.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and
promises hereinafter contained, the Parties, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, do hereby 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:
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02
Generally, the scope of work includes landscape and grounds maintenance services, including tree
trimming services, of landscaped parkways and medians, at City parks, and at various City facilities.
Specifically:
(a) The scope of work includes landscape and grounds maintenance, and tree trimming, at 10 City
parks consisting of approximately: 89.8 acres of turf, 2,000 trees, and 150 acres total maintained areas.
(b) The scope of work includes landscape and grounds maintenance, and tree trimming, at 16
various City facilities consisting of approximately: 3.4 acres of turf, 800 trees, and 15 acres of total
maintained areas.
(c) The scope of work includes landscape and grounds maintenance, and tree trimming, at 27
various areas of parkways and/or medians consisting of approximately: 2.6 acres of turf, 1,600 trees,
and 30.6 acres of total maintained areas.
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 1
09
(d) The scope of work includes landscape and grounds maintenance, and tree trimming, at 8
separate Landscape Maintenance Districts consisting of approximately: 2.1 acres of turf, 700 trees, and
11.5 acres of total maintained areas.
(e) The scope of work includes landscape and grounds maintenance, and tree trimming, at 20
separate "Zones" of Airport control property consisting of approximately: 8.5 acres of turf, 18 acres of
desert landscape, 13.4 acres of native landscape, 500 trees, and 40 acres of total maintained areas.
(f) The scope of working includes palm tree trimming services along designated streets, including
Palm Canyon Dr. and Indian Canyon Dr., consisting of approximately 1,000 palm trees.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract consists of contract services to be performed with an
initial term of one year, commencing on July 1, 2016, and terminating on June 30, 2017.
Upon mutual agreement of the City and Contractor, this Agreement may be extended for an additional
four(4), one (1) year terms, as follows:
(1) Option year one, if exercised, shall be effective July 1, 2017, through June 30, 2018.
(2) Option year two, if exercised, shall be effective July 1, 2018, through June 30, 2019.
(3) Option year three, if exercised, shall be effective July 1, 2019, through June 30, 2020,
(4) Option year four, if exercised, shall be effective July 1, 2020, through June 30, 2021.
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 in accordance with the schedule of performance
and frequency of services specified in the Contract Documents. They 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 failure to complete or perform the
frequency of services specified in the Contract Documents. 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.
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 Contractor's Bid Proposal and Bid
Schedules A through F only, and any duly authorized Contract Change Orders approved by the City.
The amount of the initial contract award in accordance with the Contractor's Bid Proposal for the Work
identified on Bid Schedules A through F only is One Million Four Hundred Ninety Four Thousand
Nine Hundred Seventy Dollars and Seventy Six Cents ($1,494,970.76) for the first full year of
performance of the contract services, commencing July 1, 2016. The City shall pay the Contractor for
the Work completed in accordance with Bid Schedule G at the unit prices therein identified, up to
cumulative amounts of items as authorized by the City pursuant to Contract Change Orders approved
by the City.
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 2
10
Pursuant to Article 2 of this Agreement, should the City elect to exercise the option to extend this
Agreement for an additional one (1) year period, the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s) may be adjusted annually effective July 1, subject to the percentage
change in the United States Bureau of Labor Statistics Consumer Price Index "All Urban Consumers
for Los Angeles, Riverside and Orange County, CA" (CPI) for the most recent twelve months for
which statistics are available, and a corresponding blended percentage increase to the applicable
prevailing wage rates as reviewed and approved by the City.
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 numbers 01 to 04, inclusive, 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 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.
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FORBIDS NO.16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 3
11
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
Whenever any provision of the Contract Documents requires the giving of a written Notice between the
parties, it shall be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of the
Notice.
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 -- 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 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 10 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex, age, marital status,
ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental
disability, or medical condition. Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to their race, religion, color, sex, age,
marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical
or mental disability, or medical condition. Such actions shall include, but not be 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.
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO.16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 4
12
ARTICLE 10 -- 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.
SIGNATURES ON NEXT PAGE
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02 AGREEMENT FORM
MARCH 2016 AGREEMENT AND BONDS-PAGE 5
i3
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 APPROVED BY THE CITY COUNCIL:
By Date
David H. Ready
City Manager
Agreement No.
ATTEST:
By
James Thompson
City Clerk
APPROVED AS TO FORM:
By
Douglas Holland
City Attorney
RECOMMENDED:
By
Marcus L. Fuller, PE, PLS
Assistant City Manager/City Engineer
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 6
14
CONTRACTOR
By: Mariposa Landscapes, Inc., a California corporation
Firm/Company Name
By: By:
Signature (notarized) Signature(notarized)
Name: Name:
Title: Title:
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 (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
INVITATION FOR BIDS NO. 16-02 AGREEMENT FORM
MARCH 2O16 AGREEMENT AND BONDS-PAGE 7
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