Loading...
HomeMy WebLinkAboutContracts & Agreements_97-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of sports field maintenance ("Agreement") is made and entered in this 7th day of June, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Mariposa Landscapes, Inc., a California corporation ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows 11 ARTICLE 1 — ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform sports field maintenance services for City (the "Services") The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2 1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services includmg, but not limited, to all applicable Labor Code and prevailmg wage laws and non-discrimination laws, mcluding the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing P 0 Box 3005), Redlands, California 92373 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions estabhshmg penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 2 4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records mamtenance, certifications, retention and inspection. 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to 1 L:\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn Labor Code section 1810 2 6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815 2 7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arismg from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor mfouiiation in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates Chris Boatman, Assistant City Manager, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth m Exhibit "A," which is attached hereto and incorporated herein by this reference 4.2 The term of this Agreement shall commence on its Effective Date for one year (1) year "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Tenn" of this Agreement. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herem by this reference, m an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Three Hundred Eight Thousand Six Hundred Thirty One Dollars and Forty Six Cents ($308,631 46) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Three Hundred Eight Thousand Six Hundred Thirty One Dollars and Forty Six Cents ($308,631 46) for the first Extended Term, and Three Hundred 2 L.\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx jn Eight Thousand Six Hundred Thirty One Dollars and Forty Six Cents ($308,631 46) for the second Extended Term, brmgmg the total possible amount of compensation to a not - to -exceed amount of Nme Hundred Twenty Five Thousand, Eight Hundred Ninety Four Dollars and Thirty Eight Cents ($925,894.38) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount m accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is attached hereto and mcorporated herein by reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit m first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 CONTRACTOR Terry Noriega, President Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, CA 91702 kevin.coon@mariposa-ca.com 626-960-0196 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers' Compensation and Employer's Liability msurance in the amount that meets statutory requirements with an msurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of 3 L:\ca\djm\Agreements\Muiposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B Comprehensive General Liability msurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such msurance shall be primary and non-contributing to any msurance or self-insurance mamtamed by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined smgle limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such msurance shall be primary and non-contributing to any insurance or self- insurance maintained by City 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, mcluding attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest m any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person havmg any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. 4 L.\ca\djm\Agreements \Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict comphance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, m the sole discretion of City, results in City's unmediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to brand City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's mtent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where apphcable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 5 L.\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docxjn 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a penod of three (3) years, or for any longer penod required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any pnor negotiations, wntten proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings ansmg in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located m Riverside County, California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depnve a Party of a matenal benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authonzed representatives of City and Contractor have signed in confirmation of this Agreement CI� OF REDL •ANDS By - Paul T Banch, Mayor ATTEST anne Donaldson, City Clerk MARIPOSA LANDSCAPES, INC By Terry Nonega; President 6 L \ca\djrWg'eements\Mariposa Landscape Agreerent.NPS 2.2.FY21-0123 docx.jn 1i, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On May 23, 2022 before me, Jennifer Ting, Notary Public (insert name and title of the officer) personally appeared Terry Noriega who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (Seal) JENNIFER TING Notary Public California Los Angeles County Commission # 2389124 My Comm. Expires Jan 2, 2026 EXHIBIT "A" SCOPE OF SERVICES Various maintenance items are performed weekly, while other maintenance items are performed annually, semi-annually or 10 months per year, depending upon game schedules The successful bidder will have ten (10) years of experience in maintaining similar sports fields, all personnel providing on -site services will be required to wear company uniform shirts and photo ID badges. Emergency Service response time must be no longer than 60 minutes from call to site arrival, and may occur from time to time Tasks such as field striping, field dragging and infield leveling may be required on Saturdays and Sundays, depending upon game schedules A schedule will be provided to contractor prior to issuance of Purchase Order All equipment, vehicles, fuel fees, trip charges, labor and materials etc. are to be supplied by contractor and included in bid pricing Irrigation repairs up to $500 00 shall be performed by the contractor (time and material) Contractor shall defer to city staff for irrigation repairs exceeded $500 00 Pest control (gophers) and tree maintenance are not included in this Scope of Work. Please see definitions of service below PARK NAME LOCATION ACRES Brookside Park 1631 Brookside Avenue 1.25 Texonia Park 1321 Texas Street 2.24 Grafton Park 1741 Independence Avenue 2 Israel Beal Park 140 W Riverview Drive 1 42 Community Park 1535 N Church Street 7 65 Orangewood Field 515 Texas Street 3 01 Clement Field 400 Block of San Bernardino Avenue 4 92 7 L.\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn EXHIBIT "B" LABOR AND MATERIAL BOND Executed in Duplicate (2) originals Bond No 72BSBIT5912 Premium $1,543 00 Effective 06/07/2022-06/07/2023 Whereas, the City of Redlands, State of California, and Mariposa Landscapes, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds (the "Work"), which said agreement, dated June 7.2022 , 20XX, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencmg with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed m the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount Dollars ($ 308,631 46 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same m an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, includmg reasonable attorneys' fees, incurred by the City m successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise rt shall be and remam in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanymg the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on May 24 , 2022 (SEAL) Mariposa Landscapes Inc (Contractor (Signature) ,eal and Notarial Acknowledgment of irety) (Signature) MARY S Address One Pointe Drive, 6th Floor Brea, CA 92821 Attorney -I n-Fact Telephone( 714) 674-4599 Michael, Slack 8 L\ca\dim\Agreements\Manposa Landscape Agreement.NPS 2.2.FY21 0123 docx.in 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 Los Angeles On May 24, 2022 before me, Emily Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(,q of Signer(5 who proved to me on the basis of satisfactory evidence to be the person($)' whose name(jis/ subscribed to the within instrument and acknowledged to me that,/she/executed the same in , /herIth, ?authorized capacity(lessf, and that by,J;teherittersignatureVron the instrument the person(; or the entity upon behalf of which the person) 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 EMILY PRECIADO COMMISSION #2328011 Notary Public California OS ANGELES COUNTY My Commission Expires MAY 11 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature (/ Signature of Notaty Public OPTIONAL Though this section is optional, completing this information can deter alteration of th fraudulent reattachment of this form to an unintended docume Description of Attached Document Title or Type of Document Docu Number of Pages Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) LJ Partner — ❑ Limited ❑ General ❑ Individual l_7 Attorney in Fact ❑ Trustee LI Guardian or nservator ❑ Other Signer Is Representing ocurnent or t Date gner s Name I l Corporate Officer — Title(s) CI Partner — I I Limited LI General Li Individual l I Attorney in Fact f_I Trustee I I Guardian or Conservator Cl Other. Signer Is Representing L. ✓AEG'✓.'ri •✓G�✓c"V✓."ti, a:�. ✓i�4 ✓ v: �. ✓6�✓.1v�.i •+iti"'. ✓4'�.'+iti'�.6' .'✓Qv"��.,"�'�.��.4V: �4�4��� yi.�✓. 'y ��4�61�,:�ti4'=>'�%: ©2014 N nal Notary Association • www NationalNotary org 1-800 US NOTARY (1-800-876 6827) Item #5907 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT Direct Inquiries/Claims to THE HARTFORD BOND, T-11 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimsthehartford.com call 888-266 3488 or fax 860 757 5835 Agency Name BOLTON & COMPANY Agency Code 72-183250 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make constitute and appoint, up to the amount of Unlimited Steven L Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C Wanglin of PASADENA, California their true and lawful Attorney(s) in Fact, each in their separate capacity if more than one is named above to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney STATE OF FLORIDA Shelby Wiggins Assistant Secretary SS Lake Mary CattYig., Joelle L LaPierre Assistant Vice President COUNTY OFSEMINOLE J On this 20th day of May 2021 before me personally came Joelle LaPierre to me known who being by me duly sworn, did depose and say that (s)he resides in Seminole County, State of Florida, that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument that (s)he knows the seals of the said corporations that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority .p •G: 111 Jessica Ciccone My Commission HH 122280 Expires June 20 2025 I the undersigned Assistant Vice President of the Companies DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is still in full force effective as of May 24, 2022 Signed and sealed in Lake Mary, Florida Keith D Dozois, Assistant Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Los Angeles On May 24, 2022 before me, Jennifer Ting, Notary Public (insert name and title of the officer) personally appeared Terry Noriega who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) JENNIFER TING Notary Public - California Z Los Angeles County Commission if 2389124 i My Comm Expires Jan 2. 2026 EXHIBIT "C" ("Fee Schedule/ Price and Fee Bid") SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID A - IRRIGATION REPAIRS ALL PARKS Item No Brief Description *A Annual Quantity *B Unit Price Per Hour *C Total Price in Figures Al Irrigation Repair 100 Hours $70 79 $7078 01 IRRIGATION REPAIRS — HOURLY RATE TO INCLUDE PARTS AND LABOR Markup on Parts 15% BASE BID B — BROOKSIDE PARK (1.25 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per Total Price in Figures B1 Turf Mowing, Edging, String Trimming and Blowing 40 $48 84 $1953 73 B2 Irrigation Test/Monitor 40 $32 50 $1300 00 B3 Field Striping (performed 10 months per year, 4 times per month) 40 $113 97 $4558 69 B4 Lighting Test/Monitor (once monthly) 12 $47 50 $570 00 B5 Fertilizing 2 $728 34 $1456 68 B6 Aerification 1 $427 30 $427 30 B7 Verti-cutting 1 $2504 43 $2504 43 B8 Thatching 1 $2504 43 $2504 43 B9 Over -seeding 1 $3043 46 $3043 46 B10 Top Dressing 1 $1846.23 $1846 23 *,'AI. x "B" = "C„ TOTAL $20,124 95 9 L:\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID C - TEXONIA PARK (2.24 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures C1 Turf Mowing, Edging, String Trimming and Blowing 40 $90 65 $3626 11 C2 Irrigation Test/Monitor 40 $32 50 $1300 00 C Field Striping (performed 10 months per year, 4 times per month) 40 $211 52 $8460 93 C4 Lighting Test/Monitor (once monthly) 12 $87 50 $570 00 C5 Fertilizing 2 $1351 79 $2703 58 C6 Aerification 1 $0 0078475 $793 06 C7 Verti-cutting 1 $0 0459949 $4648 21 C8 Thatching 1 $0 0459949 $4648 21 C9 Over -seeding 1 $5648 66 $5648 66 C10 Top Dressing 1 $3426 60 $3426 60 *„A" X "B" _ "C" TOTAL $35,825 36 10 L.\ca\djm\Agreements \Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID D - CRAFTON PARK (2 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures D� Turf Mowing, Edging, String Trimming and Blowing 40 $77 76 $3110 33 D2 Irrigation Test/Monitor 40 $32 50 $1300 00 D3 Field Striping (performed 10 months per year, 4 times per month) 40 $181 44 $7257 44 D4 Lighting Test/Monitor (once monthly) 12 $47 50 $570 00 D5 Fertilizing 2 $1159 51 $2319 02 D6 Aerification 1 $680 26 $680 26 D7 Verti-cutting 1 $3987 04 $3987 04 D8 Thatching 1 $3987 04 $3987 04 D9 Over -seeding 1 $3426 60 $3426 60 D10 Top Dressing 1 $2939 19 $2939 19 *,IA,I X '.B„ ® "C" TOTAL $29,576 92 11 L.\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID E - ISRAEL BEAL (1.42 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures El Turf Mowing, Edging, String Trimming and Blowing 40 $55 88 $2235 06 E2 Irrigation Test/Monitor 40 $32 50 $1300 00 E3 Field Striping/Infield Leveling/Dragging (performed 10 months per year, 4 times per month) 40 $130 38 $5215 14 E4 Lighting Test/Monitor (once monthly) 12 $47 50 $570 00 E5 Fertilizing 2 $833 22 $1666 44 E6 Aerification 1 $488 83 $488 83 E7 Verti-cutting 1 $2865 06 $2865 06 E8 Thatching 1 $2865 06 $2865 06 E9 Over -seeding 1 $3481 72 $3481 72 El Top Dressing 1 $2112 08 $2112 08 *,.A,I X "B" - ,.C,. TOTAL $22,799 39 12 L:\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID F - COMMUNITY PARK (7 65 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures F1 Turf Mowing, Edging, String Trimming and Blowing 40 $241 48 $9659 22 F2 Irrigation Test/Monitor 40 $97 50 $3900 00 F3 Field Striping/Infield Leveling/Dragging (performed 10 months per year, 4 times per month) 40 $563 45 $22538 17 F4 Lighting Test/Monitor (once monthly) 12 $142 50 $1710 00 F5 Fertilizing 2 $3600 89 $7201 78 F6 Aerification 1 $2112 55 $2112 55 F7 Verti-cutting 1 $12381 88 $12381 88 F8 Thatching 1 $12381 88 $12381 88 F9 Over -seeding 1 $15046 85 $15046 85 F10 Top Dressing 1 $9127 74 $9127 74 *„A„x"B„® "C„ TOTAL $96,060 07 13 L. \ca\djm\Agreements \Mariposa Landscape Agreement.NPS-2.2. FY2 1 -0123.docx.jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID G — ORANGEWOOD FIELDS (3.01 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures G1 Turf Mowing, Edging, String Trimming and Blowing 40 $89 48 $3579 22 G2 Irrigation Test/Monitor 40 $32 50 $1300 00 G3 Field Striping/Field Leveling/Dragging (performed 10 months per year, 4 times per month) 40 $208 79 $8351 52 G4 Lighting Test/Monitor (once monthly) 12 $47 50 $570 00 G5 Fertilizing 2 $1334 31 $2668 62 G6 Aerification 1 $782 81 $782 81 G7 Verti-cutting 1 $4588 11 $4588 11 G8 Thatching 1 $4588 11 $4588 11 G9 Over -seeding 1 $5575 61 $5575 61 G10 Top Dressing 1 $3382 29 $3382 29 "A"X"B„= "C" TOTAL $35,386 29 14 L.\ca\djm\Agreements \Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn SPORTS FIELD MAINTENANCE FCS02232022KG BASE BID H — CLEMENT FIELDS (4.92 ACRES) Item No Brief Description *A Annual Quantity *B Unit Price Per *C Total Price in Figures H1 Turf Mowing, Edging, String Trimming and Blowing 40 $166 85 $6673 93 H2 Irrigation Test/Monitor 40 $65 00 $2600 00 H3 Field Striping/Infield Leveling (performed 10 months per year, 4 times per month) 40 $389 31 $15572 49 H4 Lighting Test/Monitor (once monthly) 12 $95 00 $1140 00 H6 Aerification 1 $1459 64 $1459 64 H7 Verti-cutting 1 $8555 12 $8555 12 H8 Thatching 1 $8555 12 $8555 12 H9 Over -seeding 1 $10396 45 $10396 45 H10 Top Dressing 1 $6306 71 $6306 71 *„A,. X "B„ _ ..C" TOTAL $61,259 46 15 L.\ca\djm\Agreements\Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx;jn SPORTS FIELD MAINTENANCE FCS02232022KG , = -_-_- = - -=-- ID.SUBTOT = A Irrigation Repairs $ 7,078 01 B Brookside Park $20,164 95 C Texonia Park $35,825 36 D Grafton Park $29,576 92 E Isreal Beal Park $22,799 39 F Community Park $96,060 07 G Orangewood Fields $35,386 29 H Clement Fields $61,259 46 16 LAca djiMAgreements \ Mariposa Landscape Agreement.NPS-2.2.FY21-0123.docx.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE / I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance m accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all tiles, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct MARIPOSA LANDSCAPES, INC By Terry Nonega, President 17 L.\ca\djm\Agreements\Manposa Landscape Agreement.NPS 2.2.FY21 0123.docx jn Date 5/20/2022