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Home My WebLink AboutC-4193 ( xky' e Dr , 41 AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT REGARDING LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN NMI THE CITY OF ARCADIA AND MARIPOSA LANDSCAPES, INC. _ This Amendment No. 5 ("Amendment No. 5") is hereby entered into this 'a -day of Tf1R( 1j , 2022 by and between the City of Arcadia, a municipal corporation of the State of California, and Mariposa Landscapes, Inc., a California Corporation, with respect to that certain Professional Service Agreement between the parties dated January 8, 2019 ("Agreement"), further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, further amended by Amendment No, 3 dated January 30, 2020, and further amended by Amendment No. 4 dated January 5, 2021. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby amended by extending the term from February 5, 2022 through February 5, 2023. 2. Section 3.2.2 of the Agreement, the Schedule of Services is amended for the Extended Term as referenced in the attached Exhibit "B". 3. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 4. All terms and provisions of the Agreement not amended by this Amendment No. 5 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. By: c By: _' Oti. Dominic Lazzar City Manager Title: i)rt?Si c&t1t Dated: �rv3 2to 1 2D2Z. Dated: ilia 1.1c,xz By: A. ATTEST: Title: S'Cr€+C 1 1 if j14,— Dep,447 Dated: k I t . G City Clerk APPROVED AS TO FORM CONCUR: 51t7gtheA"\ 6'6LA4411 Stephen P. Deitsch Paul Cranmer City Attorney Public Works Services Director Exhibit "B" SCHEDULE OF SERVICES All work shall be completed in accordance with the following schedule: The Term of this Agreement shall be for one year from February 5, 2022 to February 5, 2023. Exhibit "C" COMPENSATION For the term of this Agreement, the Compensation shall not to exceed the total amount listed below: Professional landscape maintenance services $583,222.18 Total Compensation: $583,222.18 The total compensation is not to exceed the total listed above without written authorization in accordance with Section 3.3.1 of this Agreement. EXECUTED IN TRIPLICATE BOND NO.: 72BSBHZ0658 PREMIUM: $2,916.00 EFFECTIVE: 02/05/22-02/05/23 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the "Contractor") an agreement for Landscape Maintenance Services (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 8,2019,further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, further amended by Amendment No. 3 dated January 30, 2020, and further amended by Amendment No.4 dated January 5, 2021, and further amended by Amendment No. 5 dated (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Mariposa Landscapes, Inc. NOW, THEREFORE, we, the undersigned Contractor and Hartford Fire Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of FIVE HUNDRED EIGHTY-THREE THOUSAND, TWO HUNDRED TWENTY-TWO DOLLARS AND EIGHTEEN CENTS ($583,222.18), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors,administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City, its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: PERFORMANCE BOND - 1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of January . 20 22 Mariposa Landscapes, Inc. CONTRACTOR/PRINCIPAL Name By: Hartford Fire Insurance Company SURETY: By: 7- Attorney-In- act EMILY PRECIADO PERFORMANCE BOND-2 The rate of ppremium on this bond is $5.00*********** per thousand. The total amount of premium charges, $ 2,916.00*********************} AA A �FAAA AAA • (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Pointe Drive, 6th Floor, Brea, CA 92821 (Name and Address of Agent or Sames As Above Representative for service of process in California, if different from above) (Telephone number of Surety and 714-483-1070 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND - 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 I , 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 January 12, 2022 before me, Mary Smith,Notary Public Date Here Insert Name and Title of the Officer personally appeared Emily Preciado _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name() is/4 subscribed to the within instrument and acknowledged to me that M/she/tilW executed the same in Wher/thi4fr authorized capacity,and that by i + /her/t 1UIr signature(t)on the instrument the person(), or the entity upon behalf of which the personA 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. MARY SMITH Notary Public-California ram+ Los Angeles County � �: a - Signature Commission 2274123 My Comm.Expires Jan 28,2023 Sign ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document-tir fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum ate: Number of Pages: Signer(s) Other Than Named Abo . Capacity(ies) Claimed by Signer(s) Signer's Name: __. Signer's Name: ❑Corporate Officer — Title(s): I I Corporate Officer — Title(s): LJ Partner — Li Limited ❑ Genera, ❑ Partner — i.I Limited L1 General ❑Individual Li Attarin Fact LI Individual I I Attorney in Fact LiTrustee I uardian or Conservator t I Trustee I I Guardian or Conservator II Other: _ �. Ll Other: Signe epresenting: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 January 13th 2022 before me, Brandon James Williamson, 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. BRANDON JAMES WILLIAM50N WITNESS my hand and official seal. '`'"-.', Notary Public California Los Angeles County s " Commission p 2354892 ' My Comm.Expires Apr 19,2025 Signature " (Seal) Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND,T-11 HartOne Haord ford,Conne tcuaz06155 Bond.Claimsna thehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 r—I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut i H• artford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana Fl Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut nH• artford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut 1-1 Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana nH• artford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois n Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana nHartford 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. _,.. , , ,s, 7.4z,tr.... , t,,. .,,,.. Nit, , ..."- 1***--..-..4 -5, •lam! S ' !' © • -T!-: • 10/ .02p1,0. 90.114-bivi-e Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE 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�/lliikk�/1e authority.-" •.1-.•.',-6.', 09„.4.44..: 111 •- .�6,-.J: Jessica Ciccone !DI r' -a• P' 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 January 12, 2022 Signed and sealed in Lake Mary, Florida. / �1,� ,In ww tS Il 10 t { ': I� • f •, %� ,�j 11 l;A�It lb • } sk"•.t 4 Ett01S•a •Hettlt 1 , J l�/' • /'. Keith D.Dozois,Assistant Vice President EXECUTED IN TRIPLICATE BOND NO.: 72BSBHZ0658 PREMIUM: Included In Performance Bond EFFECTIVE: 02/05/22-02/05/23 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the"City"), by action taken or a resolution passed November 20, 2018 has awarded to Mariposa Landscapes, Inc. hereinafter designated as the"Principal," a contract for the work described as follows: LANDSCAPE MAINTENANCE SERVICES (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 8,2019,further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, further amended by Amendment No. 3 dated January 30, 2020, further amended by Amendment No.4 dated January 5, 2021, and further amended by Amendment No. 5 dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender,equipment, or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Hartford Fire Insurance Company as Surety,are held and firmly bound unto the City in the penal sum of FIVE HUNDRED EIGHTY-THREE THOUSAND,TWO HUNDRED TWENTY-TWO DOLLARS AND EIGHTEEN CENTS($583,222.18) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or PAYMENT BOND - 1 modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition,alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two (2)identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 12th day of January 20 22 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Mariposa Landscapes, Inc. Principal (Property Name of Contractor) By: (Sign ture of Contractor) (Seal of Surety) Hartford Fire Insurance Company Surety By: _ G � 1.4Gtiai" omey in Fact EMILY PRECIKDO (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND - 2 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 January 12, 2022 before me, Mary Smith,Notary Public Date Here Insert Name and Title of the Officer personally appeared Emily Preciado Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name() is/qiisa subscribed to the within instrument and acknowledged to me that Wsheitliei executed the same in t her/t ►e r authorized capacity, and that by MA-ter/Wit&signature()on the instrument the person(), or the entity upon behalf of which the person(6) 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. MARY SMITH WITNESS my hand and official seal. .. <- Notary Public-California rz i := Los Angeles County T.:: Commission,#2274123 My Comm.Expires Jan 28,2023 J 11 KSignature 197 C --) Signs 'e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docurne fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docuate: Number of Pages: Signer(s) Other Than Named AbA�ro .er Capacity(ies) Claimed by Signer(s) ' Signer's Name: ___ Signer's Name: ❑Corporate Officer — Title(s): I I Corporate Officer — Title(s): Li Partner — ❑ Limited ❑General ❑ Partner — i l Limited i General ❑ Individual ❑Attbr>erth Fact LI Individual I I Attorney in Fact ❑Trustee H tJardian or Conservator Li Trustee I I Guardian or Conservator ❑Other: Cl Other: Signer epresenting: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 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 January 13th 2022 before me, Brandon James Williamson, 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. t. •,r� BRANDS o JAMES wILUAMSON Notary Public•California Los Angeles County J" Commission#2354892 1 Y%.o�'' My Comm.Expires Apr 19,2025 Signature ( (Seal) Direct Inquiries/Claims to: THE HARTFORD POSTER OF ATTORNEY BOND,T-11 HartfOne Had Plaza ord,Connectcut06155 Bond.Claimsethehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 H• artford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut i Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana I -7 H• artford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut I-I Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut I Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana H• artford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois nH• artford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana JJ H• artford 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. rfl w 1p �� pus o :ca,a .> ' o 1 rr { KM•R4!'i t to a r i Pwvavpo^s • • • VA • • �� s . • I`t+nurwa/.; /••I�y► i 18T0.`e V1/4�i1� }bc 5 I979 Fd -f t :i a,.y�i �ii.. 'at ,+•.,•,•••• 5 ',hwu0. W fir,:• �/ . a /114( if-'0(A/Le Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA SS. Lake Mary COUNTY OF SEMINOLE 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. • • . 111 --t_ •- v 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 January 12, 2022 Signed and sealed in Lake Mary, Florida. 1�� YY 1J1•,� • •t>>t rs+J - --y,. Wi4 ,dlGry t I `�, �: 4. tam,. - 1'J tta ` .,7;41 • , r i i�sl�y► t Y 7 9 e l!i T 4 ° 1919 7, rb ma's s'' %.` �'�` .; �, s Iy < * 9�i �� ,1 IJI),.._rya► • * aq"'..•�t t1�Y11� �MIY�� xS.'T�• Keith D.Dozois,Assistant Vice President btk AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT 1 REGARDING LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND MARIPOSA LANDSCAPES, INC. This Amendment No. 4 ("Amendment No. 4") is hereby entered into this r.`g' , day of \VOC4 , 20 :I by and between the City of Arcadia, a municipal corporation of the State of California, and Mariposa Landscapes, Inc., a California Corporation, with respect to that certain Professional Service Agreement between the parties dated January 8, 2019 ("Agreement"), further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, and further amended by Amendment No, 3 dated January 30, 2020. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby amended by extending the term from February 5, 2021 through February 5, 2022. 2. Section 3.2.2 of the Agreement, the Schedule of Services is amended for the Extended Term as referenced in the attached Exhibit "B". 3. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 4. All terms and provisions of the Agreement not amended by this Amendment No. 4 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. By: By: ‘-'4A-) r �orninic azzaretto City Manager Title: i V c--+101 Dated: /2_ - 12 - 1 - �-Q Dated: ,c11 0 ATTEST: By: /'' Title: sec Y`C�K- l � Ael .,�� a� Dated: -Z!ci I Z,:Zee City Clerk APPROVED AS TO FORM CONCUR: , , n X61 2-Q- Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director Exhibit "B" SCHEDULE OF SERVICES All work shall be completed in accordance with the following schedule: The Term of this Agreement shall be for one year from February 5, 2021 to February 5, 2022. Exhibit "C" COMPENSATION For the term of this Agreement, the Compensation shall not to exceed the total amount listed below: Professional landscape maintenance services $557,573.79 Total Compensation: $557,573.79 The total compensation is not to exceed the total listed above without written authorization in accordance with Section 3.3.1 of this Agreement. ' EXECUTED IN TRIPLICATE BOND NO.: 72BSBHZ0658 PREMIUM: $2,788.00 EFFECTIVE: 02/05/21-02/05/22 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the "Contractor") an agreement for Landscape Maintenance Services (hereinafter referred to as the"Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 8,2019,further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, further amended by Amendment No. 3 dated January 30, 2020, and further amended by Amendment No. 4 dated (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Mariposa Landscapes, Inc. the undersigned Contractor and NOW, THEREFORE, we, , Hartford Fire Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of FIVE HUNDRED FIFTY-SEVEN THOUSAND,FIVE HUNDRED SEVENTY-THREE DOLLARS AND SEVENTY-NINE CENTS ($557,573,79), said sum being not less than one hundred percent(100%) of the total amount of the Contract,for which amount well and truly to be made,we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that, if the Contractor, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents, as stipulated in said Contract Documents,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full,complete,and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract,law or equity, including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents,or shall promptly, at the City's option: PERFORMANCE BOND- 1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety,for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. 1N WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of December , 2020 Mariposa Landscapes, Inc. CONTRACTOIk/PRINCIPAt Name By: Hartford Fire Insurance Company SURETY: By: 71 Attorney-In-Fa MARY SMITH PERFORMANCE BOND-2 The rate of 2,788.00.remium on this bond is $5.00******"**"" per thousand. The total amount of premium charges, $ ............................................. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Pointe Drive,6th Floor,Brea,CA 92821 (Name and Address of Agent or Same As Above Representative for service of process in California, if different from above) (Telephone number of Surety and 714-483-1070 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND -3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C a Sh¢!c��.Y�.tit..m...t!vat!c� .•4 t.c t.,.„ t!at J.a .•�t!:,t t! •at�E Y'. `t . ,! N..�t t...t:nt tit t,;:t.. 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 December 9, 2020 before me, Emily Preciado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(§) whose name() is/goa subscribed to the within instrument and acknowledged to me that t/she/fW executed the same in Wherittler authorized capacity,and that by l /her/f lOir signature(t)on 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. ri.rYn.r� 5 h EMILY PRECIADO WITNESS my hand and official sear. COMMISSION#2328011 o s;' s^ Notary Public-California m LOS ANGELES COUNTY v i _ / My Commission Expires "D+ Signature t.f r , � ) c ..:. ,� r:'.._ _ _ _ _I MAY i 1,2024 _ - $nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docurn-' .r fraudulent reattachment of this form to an unintended document. Description of Attached Document - Title or Type of Document: Docum-• sate: Number of Pages: Signer(s) Other Than Named Abo -. Capacity(ies) Claimed by Signer(s) Signer's Name: ___. Signer's Name: ❑Corporate Officer — Title(s): H Corporate Officer — Title(s): Li Partner — ❑ Limited ❑ Gene CI Partner — I,I Limited I._1 General ❑Individual ❑Attor -. n Fact LI Individual f l Attorney in Fact H Trustee f :Mardian or Conservator CI Trustee I I Guardian or Conservator ❑Other: Ll Other: Signer : -epresenting: Signer Is Representing: L'. .4 4,,,,,,,,,..„,, i4,,,,,c?4„R'✓4'✓,,y4�✓fn✓:Lr/.��.v. ."—.,,-6�4 .fw.".w.."y4�L.. 4 ,6�+`"eiti ti.�..�4 4 .ti::� ,-.4 4- ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 December 10, 2020 before me, D. Jones, 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(e)whose name(s) is/a(e subscribed to the within instrument and acknowledged to me that he/Ve/they executed the same in his/lyes/tbAir authorized capacity(i0s), and that by his/her/tlyeir signature(?) on 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. D.JONES WITNESS my hand and official seal. NotaryPublic—California Z =` Los Angeles County Commission#2185491 _ My Comm.Expires Mar 29,_202_1 Signature (Seal) Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T-12 HartfOne od Con tcut06155 Bond.Claimsathehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X 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. Brookmeyer, 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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. „oovrrito4p, 0040.2. ❑ AMrS. by '`'� i pyx ca..ie.ira �a�r 0) ivis7 _4j�Sy i `a'oa,_.a'rtor:*; r + ....1 ��rr...r�nrvJa" • %Imi► 1a 79 44 3r�Y .� - 19,4 • qty:`, •� �^e.wiN. jt � � 3'��• 4 .7-16" '9i'''•�md. /.14, 10 I John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. .�s. `T'44 ,�,�'// 1�� iq�tic o 9C vvx sr )110.4 r�-C.A.� 1R Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 December 9, 2020 Signed and sealed at the City of Hartford. n'ftk, ��f r Y�� x0.,Y t rs�rJ "N.';\•`Ii•5 `p`�i96 .re, a 1Q r _4 'rj'`' ypf1ro i E=ice% ia70 f 1.-/* •�, adf r�fwi �� Imr► a7 8S5 :.- '1 4 '�F • `'�Na:1` yam`.. h" ° {+ ' .,'^ ;`�. �f�.� �]�,1979 ,# • -:� �^bewsN. • �•4��t�1�o15 e�lU�� Yi-FC�•I Kevin Heckman,Assistant Vice President POA 2018 S EXECUTED IN TRIPLICATE BOND NO.: 72BSBHZ0658 PREMIUM: Included In Performance Bond EFFECTIVE: 02/05/21-02/05/22 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia(hereinafter designated as the"City"), by action taken or a resolution passed November 20, 2018 has awarded to Mariposa Landscapes, Inc. hereinafter designated as the"Principal," a contract for the work described as follows: LANDSCAPE MAINTENANCE SERVICES (the"Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 8,2019,further amended by Amendment No. 1 dated February 6, 2019, further amended by Amendment No. 2 dated October 9, 2019, further amended by Amendment No. 3 dated January 30, 2020, and further amended by Amendment No.4 dated ("Contract Documents"),the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender,equipment,or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Hartford Fire Insurance Company as Surety,are held and firmly bound unto the City in the penal sum of FIVE HUNDRED FIFTY-SEVEN THOUSAND, FIVE HUNDRED SEVENTY-THREE DOLLARS AND SEVENTY-NINE CENTS ($557,573.79)lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors,administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs,executors, administrators,successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code,fail to pay for any materials, provisions or other supplies,used in,upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating PAYMENT BOND - 1 • to any scheme or work of improvement herein above described,nor by any rescission or attempted rescission of the contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond,nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 9th day of December 20 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Mariposa Landscapes,Inc. Principal (Property Name of Contractor) By: (Signature of Contracto (Seal of Surety) Hartford Fire Insurance Company Surety By. ( Attor ey in Fact MARY SMITH (Attached Attorney-I n-Fact Certificate and Required Acknowledgements) *Note; Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C ¢..¢ 2�.YAt� J,st�¢� t/s� ¢/ t�r¢ ¢� C.c�¢.ats� ¢�•_L�SCa¢.:�t�¢ _.�2�2�¢ ¢ '¢ v.�2C iii^ice¢ t�w,,ti-.trs�t. 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 December 9, 2020 before me, Emily Preciado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(§) whose name()) is/ subscribed to the within instrument and acknowledged to me that 66/she/fW executed the same in l slher/tt*r authorized capacity ,and that by Mt/her/ff lir signature(t)on the instrument the person(t), or the entity upon behalf of which the person(s3 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. • tNF EMILY PRECIADO WITNESS my hand and official seal. COMMISSION#2328011 s Notary Public-California c F i «t" LOS ANGELES COUNTY g Signature j. -, i ( r, ' !f"• / My Commission Expires Sigiature of Notary Public , "N• MAY 11,2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume• .r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum-• sate: Number of Pages: Signer(s) Other Than Named Abo -. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): I I Corporate Officer — Title(s): LI Partner — ❑ Limited ❑Gen- LI Partner — I.I Limited L.I General ❑Individual CI Attu'.-. n Fact ':=_I Individual I I Attorney in Fact ❑Trustee f :Mardian or Conservator Li Trustee I I Guardian or Conservator ❑Other: Cl Other: Signer = -epresenting: Signer Is Representing: G'.��,< < <Cei<'.v<�✓<�<'riA✓<�<i✓<C�;4'✓'✓.'ci.y<�<Ct�.1ri'.�ci<�<�<�.-.v0.:<'-<C✓«.<�✓.di�4�✓<�✓<�.ti'ei<�✓< +1-J<�<C✓GV.h"'i< <C:<�✓..h"✓4` ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 December 10, 2020before me, D. Jones, 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* is/we subscribed to the within instrument and acknowledged to me that he/s17etlAy executed the same in his/Iyer/ther authorized capacity(iQa), and that by his/hjer/ttir signature( on the instrument the person(s.), or the entity upon behalf of which the person(e) 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. .'"• D.JONES WITNESS my hand and official seal. NotaryPublic-California Z ``` ► „ Los Angeles County Commission#2185491 My Comm.Expires Mar 29,2021 (Seal)nature U g ( ) A Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYHartfOne od Onr°e tcut06155 Bond.Claimsathehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X 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. Brookmeyer, 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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. �yTY Itk e rr xr`,c ry b /...'''‘'.-- �� g py'4 � ... .-`gyp 7� �� 0;04.06A% �� ) ' pp.) z..,„,.„,,,,,,,,■ a '_ t . a1 '. Ayµ is'�{ .)te,r7 > €iTi /1,44, r John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. `4Lµ1£t4„aim ).. liarAiir Iso • le R� Gt.11i (� Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 December 9, 2020 Signed and sealed at the City of Hartford. ,cry `w,r„ "'"Z,ss q Ty¢r :4'"'-''").d. '� .�,,ca>.ie.rrsl' Ol - •r;., NM► ',;.1g74f Ear,= iyg9i ."1.?_ I,,, • 'tr:�, . •wwrt,.. I.' }.o • •y'crgvi5 eau.' i.. . Kevin Heckman,Assistant Vice President P()A 2018 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Sunday, December 27, 2020 10:57 AM To: Rachelle Arellano Subject: RE: City Attorney Review Folder - December 22, 2020 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed proposed Amendment No. 4 to the PSA with Mariposa Landscapes, Inc. I note that the Exhibit concerning compensation has a not-to-exceed amount. Subject to your confirmation to me, I suspect that the original PSA has a list of rates, and that City staff and the Contractor intend that those rates remain in effect for the Extended Term, without any change. If the foregoing is so,then I approve Amendment No. 4 as to form, and you may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch stepherndeftsch@bbklaw.com 1:(909)483-6642 0: (951)662-9343 www.BBitlaw.com Q Q... Stay at home and public health orders issued in multiple coucounties across the U,S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery will be served via e-mail until further noticed Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send y regular mail or delivery. Send all e-served documents in your case to the e-mail addresses far any Best Best& Krieger LIP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano <rarellano@arcadiaca.gov> Sent:Tuesday, December 22, 2020 10:17 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc: City Attorney<CityAttorney@arcadiaca.gov> Subject: City Attorney Review Folder- December 22, 2020 .CAUTION-EX ERI?A.SE DEE'. Hi Steve, Attached for your review is a zip folder containing the following items: 1 CJe/Y- ORIGINAL V4 7 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT CA-03 REGARDING LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND MARIPOSA LANDSCAPES, INC. \eulty•[0c This Amendment No. 3 ("Amendment No. 3") is hereby entered into this )day of ' Crck(" , 2020 by and between the City of Arcadia, a municipal corporation of the State of California, and Mariposa Landscapes, Inc., a California Corporation, with respect to that certain Professional Services Agreement between the parties dated January 8, 2019 ("Agreement"), further amended by Amendment No. 1 dated February 6, 2019, and further amended by Amendment No. 2 dated October 2, 2019. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is hereby amended by extending the term from February 5, 2020 through February 5, 2021 ("Extended Term"). 2. Section 3.2.2 of the Agreement, the Schedule of Services is amended for the Extended Term as referenced in the attached Exhibit"B". 3. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 4. All terms and provisions of the Agreement not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. By: oma— By: (Isc- 1 -)V ominic Lazzare City Manager Title: V'R t C Ek' Dated: �A-'tAre� 2`I1 202.0) Dated: I 9 2 By: ATTEST: x Title: Gi % Dated: 1 — c t� z... City Clerk � �y a APPROVED AS TO FORM CONCUR: fi calk- ---, *.ta-e,„'/L4,..t.e 1 � Stephen . Deitsch Tom Tait City Attorney Public Works Services Director Exhibit "B" SCHEDULE OF SERVICES The Schedule of Services is amended for the Extended Term to continue the elimination of services at Eisenhower Memorial Park from February 5, 2020 through July 31, 2020. Exhibit "C" COMPENSATION For the Extended Term of this Agreement, the Compensation shall not to exceed the total amount listed below: Professional landscape maintenance services $535,305.48 Total Compensation: $535,305.48 The total compensation is not to exceed the total listed above without written authorization in accordance with Section 3.3.1 of this Agreement. PREMIUM WRITTEN CONTRACT TERM SUBJECT TO EXECUTED IN TRIPLICATE ADJUSTMENT BASED UPON FINAL CONTRACT PRICE BOND NO.: 72BSBHZ0658 PREMIUM: $2,677.00 EFFECTIVE: 02/05/20-02/05/21 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the "Contractor") an agreement for Landscape Maintenance Services (hereinafter referred to as the"Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 8,2019,further amended by Amendment No. 1 dated February 6,2019,further amended by Amendment No.2 dated October 9,2019,and further amended b „Amendment No.3 dated �t�l�� `� `2�.) (hereinafter referred to as "Contract Y Contract Documents ), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Mariposa Landscapes, Inc. NOW, THEREFORE, we, , the undersigned Contractor and Hartford Fire Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of FIVE HUNDRED THIRTY-FIVE THOUSAND,THREE HUNDRED FIVE DOLLARS AND FORTY-EIGHT CENTS ($535,305.48), said sum being not less than one hundred percent(100%0) of the total amount of the Contract,for which amount well and truly to be made,we bind ourselves,our heirs,executors and administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that, if the Contractor, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the PERFORMANCE BOND - 1 Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder,the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of January 2020 Mariposa Landscapes, Inc. CONTRACTOR/PRINCIPAL TQfC(4 kteVrela Name By: SURETY: Hartford Fire Insurance Company By: Attorney-In-Fact MA SMITH The rate of premium on this bond is $5.00** *per thousand. The total amount of premium 2,677.00.. . ..****.«**,,.*.*****.******..***** charges, $ PERFORMANCE BOND -2 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Pointe Drive, 6th Floor, Brea, CA 92821 (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and 714-674-1321 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND- 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C.�¢��¢ic�.Y.ii�¢!:.¢r.'�¢��.•��¢ ¢�r�¢��C.c�¢.a...�¢�¢!s��si.^..¢ Y.v:..!:��¢��Y.ai�¢ ✓-,�2�¢-�2�2�Y.2 ¢^:. 2 TC. 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 January 9, 2020 before me, Emiy Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(aj'of Signer* who proved to me on the basis of satisfactory evidence to be the person(aj' whose name(s) is/are— subscribed to the within instrument and acknowledged to me that I Tshe/tI ey executed the same in bA7'her/their authorized capacity(ios), and that by his/her/their signatures on the instrument the person(- or the entity upon behalf of which the persons}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. EMILY PRECIADO L • cc \, COMM.#2145802 , � Q-� >y^I NOTARYPUBLI.C•cAUFORNIA xi xi Signature �Q-u _ \4' / Lornm ExOS EL Mar 11,TY Signature of NotatyPublic �+ *Comm.Expires Mar.11,2020 r Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume• .r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum-• gate: Number of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ El Corporate Officer — Title(s): l 1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gen- LI Partner — I,I Limited I...1 General ❑Individual i]Attor - n Fact LI Individual I I Attorney in Fact ❑Trustee [ :Mardian or Conservator Ci Trustee I I Guardian or Conservator ❑Other: Cl Other: Signer : -epresenting: Signer Is Representing: L:�L�..rti..`tl.:'.•/G�✓i.`.v..'eiHv✓:�✓6��4"✓'y.'ci."eiS�C�✓iA"✓.'.�aS�.�<�t�-.'u:vG�..�L4�i.`.i.•'✓..`'v.6�'nr�•:�✓;�.:�mSf✓.�..�,�G��:�:�4�.�G ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 January 15, 2020 before me, Patricia Reyes De Martinez, Notary Public , (Here insert name and title of the officer) personally appeared Terry Noriega,President who proved to me on the basis of satisfactory evidence to be the person(.c) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/3hc/thcy executed the same in his/herftheir authorized capacity(ies), and that by his/14esitheif signature(e) on 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. ....................... ��'�, PATRICIA REYES Y�MARTgVEZ WI my hand and official seal. %� Commission No. 2287378 J NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY - My Comm.Expires MAY 4,2023 ,11'1 ' ..r.. Notary -ublic Signature , (Notary Public Seal) • INSTRUCTIONS FOR COMPLETING THIS FOR', ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding nota.- ording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document. = owledgments from other states may be completed for documents bein, t to that state so long as the wording does not require the California not.-, o violate California notary law. (Title or description of attached document) • State and County information must . e State and County where the document signer(s)personally appeared b- . e the notary public for acknowledgment. • Date of notarization must• he date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the s• ,-.ate the acknowledgment is completed. • The notary p • c must print his or her name as it appears within his or her Number of Pages Document Date commiss'• ollowed by a comma and then your title(notary public). • Pri e name(s) of document signer(s) who personally appear at the time of otarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 1=1 Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. D Attorne . - act + Additional information is not required but could help to ensure this o Tr -e(s) acknowledgment is not misused or attached to a different document. •ther • Indicate title or type of attached document,number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). /www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. • Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYHartfOne o d Connecticut HartfordN , 06155 Bond.ClaimsAthehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X 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 E, 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 6,2015 the Companies have caused these presents to be signed by its Senior 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. 4,14\ taw �e+s vrr, x.01 r .., y .cwr ' f .°,y:,w-.....+e.'' i. ♦Osr _4r`SO i:A141.r• al* . °c°199". N,412 � � i 1967 .� `o �_k9:7:.,•Y y (M'iI.N., _ 5� S.L •' w' to,nr " '.atria 1974 .;�r ` Joe` I979} :; _' b..•1ao.! jIA''�{55 -�'•dc15> ' •i• ' "4, 0 i John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January,2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. 0Atimuc44 '/ Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 January 9, 2020 Signed and sealed at the City of Hartford. i•.r.. S. y. i fp,..) 4,-,.......„>.t; . timer —� � "� �= I tea'a lqi 1967 €ia: . );r. r .. ..r,tsoy, %rho- ;A.19 7 4 Vr, 1a 7 ' I A.9 r! V\..,,,_".1 s" . vt v j+ ',y„. , . .%. } :�. •'� ... irA''.x►5 ,,:,.0,05 c .,. i.�F[ • /,.,--- xgr__,_,___ Kevin Heckman,Assistant Vice President I'OA 2018 EXECUTED IN TRIPLICATE BOND NO.: 72BSBHZ0658 PREMIUM: Included In Performance Bond EFFECTIVE: 02/05/20-02/05/21 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the"City"), by action taken or a resolution passed November 20, 2018 has awarded to Mariposa Landscapes, Inc. hereinafter designated as the"Principal," a contract for the work described as follows: LANDSCAPE MAINTENANCE SERVICES (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 6,2019,further amended by Amendment No. 1 dated February 6,2019,further amended by Amendment No. 2 dated October 9,2019,and further amended by Amendment No. 3 dated 10 '" `/ "Contract Documents"), the terms and conditions of which are expressly incorporated y re erence; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender,equipment,or other supplies used in, upon,for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid overto the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Hartford Fire Insurance Company as Surety,are held and firmly bound unto the City in the penal sum of FIVE HUNDRED THIRTY-FIVE THOUSAND, THREE HUNDRED FIVE DOLLARS AND FORTY-EIGHT CENTS ($535,305.48) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs,executors,administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code,fail to pay for any materials, provisions or other supplies, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance,addition, alteration or modification in,to,or of any contract, plans,specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor,materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described,nor by any rescission or attempted rescission of the PAYMENT BOND - 1 contract,agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances-shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time,addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 9th day of January 20 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Mariposa Landscapes, Inc. Principal (Property Name of Contractor) By: GL(--i`j°2--( , (Signatur of Contractor (Seal of Surety) Hartford Fire Insurance Company Surety By: V —�' ' "a%d Aft mey in Fact MARY SMITH (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Qt S t .Ya'.�.,:,7- .y��.'C!�;�t!s� : c!a� ¢!s�.�i t.,4!at c%i�.' ..�.-.t�at ✓c�t!�. Yale! . t e,C�t t te41 .!• ••te,Rt. 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 January 9, 2020 before me, Emily Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(}-of Signer(`] who proved to me on the basis of satisfactory evidence to be the person(a)-whose name($)' is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in I:is/her/tbeirauthorized capacity(iesj, and that by bi /her/theirsignature(sj on the instrument the person*); or the entity upon behalf of which the person(a)-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. 0.4 ,/, *..,‘ EMILY EMILY PRECIADO k / ! OC1 \COMM.#2145802 Signature e [ � _,.i/ a. , :_�;`�;NOTARY PUBLIC*CALIFORNIA Sic r ature of Notary Public 1' 4:`t` /-' LOSANGELES COUNTY '� r 4,, My Comm.Expires Mar.11,2020 r Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume• .r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum-• late: Number of Pages: Signer(s) Other Than Named Alpo -. Capacity(ies) Claimed by Signer(s) Signer's Name: ___. Signer's Name: ❑Corporate Officer — Title(s): I I Corporate Officer — Title(s): LI Partner — ❑ Limited ❑Gen- LI Partner — 1.I Limited [1.I General ❑Individual I._I Atto -. n Fact Li Individual I I Attorney in Fact ❑Trustee I :•ardian or Conservator CI Trustee I I Guardian or Conservator ❑Other: Ll Other: _ Signer : -epresenting: Signer Is Representing: L'. .4 < 4.,20..✓4�✓4 4-eib y4<✓ti✓4W4'.r<'•✓.'ei.'ri4ti✓<�<n✓ti✓c,:_%<�4,,✓.'rW.eA" ti✓<L✓.c�-i.'y..✓4,,,,4�;4�✓.4t",.W.4,.✓_.4�4�4`✓44,,✓.4 4�':4�4�✓<' ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 January 15, 2020 before me, Patricia Reyes De Martinez, Notary Public (Here insert name and title of the officer) personally appeared Terry Noriega,President who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/3hc/thcy executed the same in his/herlNhetr authorized capacity(ies), and that by his/hor/thoir signature(&) on 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. �.....�W........... ter+ PATRICIA REYES DE MARTINEZ WITNESS my hand and official seal. '-` Commission No. 2287378 g 2r` NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Comm.Expires MAY 0,2023 Notary Public Sigrl1atulfe (Notary Public Seal) • INSTRUCTIONS FOR COMPLETING THIS FO ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding nota- ording and, DESCRIPTION OF THE ATTACHED DOCUMENT ([needed,should be completed and attached to the document. : nowledgments from other states may be completed for documents bein_ • t to that state so long as the wording does not require the California not.- o violate California notary law. (Title or description of attached document) • State and County information must e State and County where the document signer(s)personally appeared b- . e the notary public for acknowledgment. • Date of notarization must• he date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the s. _ .ate the acknowledgment is completed. • The notary p c must print his or her name as it appears within his or her Number of Pages Document Date commiss'• ollowed by a comma and then your title(notary public). • Pri. + e name(s) of document signer(s) who personally appear at the time of otarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Ise/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorne - act • Additional information is not required but could help to ensure this ❑ Tr. . -e(s) acknowledgment is not misused or attached to a different document. •ther Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T_12 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims(aithehartford.com call:888-266-3488 or fax.860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X 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 0, 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 6,2015 the Companies have caused these presents to be signed by its Senior 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. /or t kea oilsk e'r F,t rte.: ` 41 P 7 _ .f.. 1967 ► > �. • =fi • °..: a+v,r,rv, • /.aNYTI► ;-= 19 7 4 7:0,1) _ ry P� � . {. r`y`s€ S1q I9T9 41. + %J; �� M.w�. �rA'��4�, ,3"'tl'xt ga,s'�.a:F h.rU • \; jR�. /14,, 7 i John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) On this 5th day of January,2018, before me personally came M. Ross Fisher, to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. ENT.MCG Y eueue Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 January 9, 2020 Signed and sealed at the City of Hartford. �n+saan x litrs ; y1+ 2J�T'ge"> s �;ce..r..,ril i 4g 41.r _ =�r�wo+.q;;_= °'►°u M I 1.07 .r.' 1• 'I�q �1�1- �'•+ 'tia+vr�nrv, • •#aIIM� 1a7s1 �siags .� I4T9 • 4A'y��o`T ,3"'y''ei qc,5 a.r.M' �'-fC—,�.♦ Kevin Heckman,Assistant Vice President POA 2018 C2L—vicArt' 7_,,,..„„,,,,4,F ' „., ORIGINAL AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT 1 �•�••-- - , REGARDING LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN o" ` THE CITY OF ARCADIA AND MARIPOSA LANDSCAPES, INC. r.-`iic• N"baaky oto" This Amendment No. 2 ("Amendment No. 2") is hereby entered into this 2 4 day of Gib 9 , 2019 by and between the City of Arcadia, a municipal corporation of the State of California, and Mariposa Landscapes, Inc., a California Corporation, with respect to that certain Professional Service Agreement between the parties dated January 8, 2019 ("Agreement"), and further amended by Amendment No. 1 dated February 6, 2019. The Parties agree as follows: 1. Section 3.2.2 of the Agreement is amended as referenced in the attached Exhibit 2. Section 3.3.1 of the Agreement is amended as referenced in the attached Exhibit „C„ 3. All terms and provisions of the Agreement not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. By: 2. ..., ..)-- By: C�LAZ Dominic azzarett City Manager Title: P REQ i D� T Dated: n t,(023, 2, Zo I erA Dated: 9—2 3-1 91 By: I) 4-,,,Lt, C.)--,;‘,....A. ITE. m Title: ."t1h�- 3 [Al Dated: Q.-L3 t9 ity erk APPROVED AS TO FORM CONCUR: C Step n P. Deitsch Tom Tait City Attorney Public Works Services Director Exhibit "B" SCHEDULE OF SERVICES The Schedule of Services is amended to eliminate services at Eisenhower Memorial Park beginning August 1, 2019 through February 5, 2020. Exhibit "C" COMPENSATION For the term of this Agreement, the Compensation shall not to exceed the total amount listed below: Professional landscape maintenance services $510,888.00 Total Compensation: $510,888.00 The total compensation is not to exceed the total listed above without written authorization in accordance with Section 3.3.1 of this Agreement. ORIGINAL i� G ,/\_9 �� =` AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ea•Po•..•a REGARDING MAINTENANCE SERVICES BY AND BETWEEN �o�a . THE CITY OF ARCADIA AND MARIPOSA LANDSCAPES, INC. �nity;1%-% This Amendment No. 1 ("Amendment No. 1") is hereby entered into this .I.7 ) day of _- P. %o' , 2019 by and between the City of Arcadia, a municipal corporation of the State of Calif.brriia, and Mariposa Landscapes, Inc., a California Corporation, with respect to that certain Professional Service Agreement between the parties dated January 8, 2019. The parties agree as follows: 1. Section 3.1.2 of the Agreement, the amended Term shall be from February 5, 2019 to February 5, 2020. 2. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. By: r 0 kil--C-X4--9-1C(/C., ic azzaretto ��^ City Manager Title: Pre i(lett\'/ Dated: rt, n 6 , 2.O t l Dated: O1 lac l2 C 9 (SEAL) By: :v� Gry ,k....„-L—,.._ ATTg f 1 Title: 5eccet0 t 41;94 - j i 1 r ' iL -Lij I I Alit ; Dated: 21 g.01y CIi Y APPROVED AS TO FORM R CONCUR: 5 A, 1,4'14 4. . 6tiettK 7477441' C7fte, Stephen . Deitsch Tom Tait City Attorney Public Works Services Director d9r1( -- CITY OF ARCADIA ORIGINAL PROFESSIONAL SERVICES AGREEMENT REGARDING C-41 C7j LANDSCAPE MAINTENANCE SERVICES \1DO' 1. PARTIES AND DATE. This Agreement is made and entered into this day of shrN,Ctfj 20 'A by and between the City of Arcadia, a charter city organized udder the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066-6021 ("City") and Mariposa Landscapes, Inc., a California Corporation with its principal place of business at 6232 Santos Diaz Street, Irwindale, California 91702 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Contractor desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the Landscape Maintenance Services Project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Revised 04/13 1 3.1.2 Term. The term of this Agreement shall be for the period of one year starting from date of execution, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.1.3 Incorporation of Documents. This Agreement includes and hereby incorporates in full Performance Bond, Payment Bond, and Exhibit "D" by reference of the following documents including all attachments and addenda thereto: RFP No. PWS- 10-2018 a. SECTION 1. Request for Proposal Summary and Instructions b. SECTION 2. Schedule and Evaluation/Selection Process c. SECTION 3. Proposal Format and Content d. SECTION 4. Submittal Requirements e. SECTION 5. Terms and General Conditions f. SECTION 6. Special Provisions g. SECTION 7. Attachments Attachment A Weekly Irrigation Report Attachment B Controller Locations and Type Attachment C Sample Deficiency Report Attachment D Oleander & Tall Bush Location & Categories Attachment E Downtown Streetscape / Parking District 1 & 2 Maintenance Guidelines Attachment F Sample Irrigation Systems Repair Notification Form Attachment G Civic Center Athletic Field Maintenance Requirements Attachment H Transit Plaza Attachment I 210 Freeway On/Off Ramps Attachment J Maps Attachment K Proposal Pricing Forms Attachment L Required Pest Control Applicators License Form 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations Revised 04/13 2 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Terry Noriega, President. 3.2.5 City's Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative. Contractor hereby designates Terry Noriega, President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Revised 04/13 3 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its Revised 04/13 4 subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant's policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Contractor or for which Contractor is responsible; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The City, its directors, officials, officers, and employees shall be listed as additional insured. Any deductibles or self-insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of$1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident Revised 04/13 5 for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. INTENTIONALLY OMITTED 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, and employees shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, and employees for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non-renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to Revised 04/13 6 non-payment of premium, ten (10) days notice of cancellation for non-payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, and employees. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Revised 04/13 7 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including reimbursements which receive the City's prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Twenty-Two Thousand, Nine Hundred Thirty-Six Dollars and No Cents, ($522,936.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Revised 04/13 8 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Consultant's performance prior to the date of termination. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, CA 91702 Attn: Terry Noriega, President City: City of Arcadia 240 West Huntington drive Arcadia, CA 91007 Attn: Dave Thompson, Streets Superintendent Revised 04/13 9 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Revised 04/13 10 3.5.5 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City's choosing, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding arising from Consultant's performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. Revised 04/13 11 3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Revised 04/13 12 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. Revised 04/13 13 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA MARIPOSA LANDSCAPES, INC. Y By (AJW-a—Cri) Dominic Lazzare Signature City Manager Date: �� 20 • r r y N o ri ea Print Name and Tit e ATTEST: Date: 19,\ (�.I J1g ia° + f '16g By0444 ,60 Cit Signature APPROVED AS TO FORM: atoniO V a\erlzUeLL iSecoAar4 • Print Name and Title I� Date: 142, I I ol.I Zig Stephen P. Deitsch City Attorney CONCUR: 2SLC"..0 Tom Tait, Public Works Services Director Revised 04/13 14 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide professional landscape maintenance services, but is not limited to services outlined in Exhibit "D". A-1 Exhibit "B" SCHEDULE OF SERVICES All work shall be completed in accordance with the following schedule: The term of this Agreement shall be for one year from the date of execution. All tasks under Exhibit "D" shall be adhered to and executed accordingly. B-1 Exhibit "C" COMPENSATION Compensation shall not exceed the total compensation listed: Professional landscape maintenance services $522,936.00 Total Compensation: $522,936.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 3.3.1 of this agreement. (See attached Exhibit "D" Pricing Proposals) c-i "EXHIBIT D" REQUEST FOR PROPOSAL LANDSCAPE MAINTENANCE SERVICES RFP NO. PWS-10-2018 This Request for Proposal includes: SECTION 1. Request for Proposal Summary and Instructions SECTION 2. Schedule and Evaluation/Selection Process SECTION 3. Proposal Format and Content SECTION 4. Submittal Requirements SECTION 5. Terms and General Conditions SECTION 6. Special Provisions SECTION 7. Attachment A—Weekly Irrigation Report Attachment B — Controller Locations and Type Attachment C — Sample Deficiency Report Attachment D — Oleander and Tall Bush Location & Categories Attachment E — Downtown Streetscape / Parking District 1 & 2 Maintenance Guidelines Attachment F — Sample Irrigation Systems Repair Notification Form Attachment G — Civic Center Athletic Field Maintenance Requirements Attachment H — Transit Plaza Attachment I — 210 Freeway On/Off Ramps Attachment J — Drawings Attachment K— Proposal Pricing Forms Attachment L — Required Pest Control Applicators License Form Attachment M — Sample Professional Services Agreement City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 2 SECTION 1. REQUEST FOR PROPOSAL SUMMARY & INSTRUCTIONS Background The City of Arcadia is located in San Gabriel Valley, east of Downtown Los Angeles. Arcadia is approximately 11.2 square miles and is a full-service city. The Public Works Services Department is responsible for maintaining all City-owned landscaped areas, which includes medians, parkways, parks, water facility sites, parking districts, and City- owned facilities. Contract services are utilized to provide complete landscape maintenance services for these areas. Objective The purpose of these specifications are to define the landscape maintenance services requirements for all City-owned landscaped areas that are included in this contract. The objectives of the City are to secure a timely, consistent, and cost effective landscape maintenance services contract from one contractor, to provide complete and aesthetically pleasing landscape maintenance to all landscape areas listed in this RFP. Scope of Services The contract involves complete landscape maintenance, furnishing all labor, equipment, some supplies, and the supervision necessary for including, but not limited to; irrigation, aeration, fertilization, mowing, edging, pruning; shaping and trimming trees, shrubs and ground cover plants; weed control, pest control of all plant diseases, and other maintenance required to maintain the City's parkways, medians, and public facilities landscape, in a safe, attractive and usable condition; and maintenance of all plant material in good condition with horticultural acceptable growth and color; debris removal and general clean-up of all areas under the contract, as indicated by the specifications attached hereto. It shall be understood that in addition to these services, all tasks incidental to landscaping functions not specifically listed but normally included in general landscape maintenance practices will be provided. The contract is an initial one-year with the option of three one-year renewals as indicated by the specifications attached hereto. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 3 SECTION 2. SCHEDULE & EVALUATION/SELECTION PROCESS Schedule TASK DATE Notice Inviting Proposals Issued September 3, 2018 Deadline to Submit Questions September 21, 2018 Proposals Due October 4, 2018 Evaluation & Possible Interviews October 4 - 12, 2018 City Council Award November 6, 2018 Estimated Start of Contract February 1, 2019 Evaluation and Selection Process The City will review all submittals and make a recommendation based upon the established evaluation criteria. After the proposals have been evaluated, the highest ranked contractors will possibly be interviewed. The City reserves the right to award this contract not necessarily to the contractor with the lowest cost proposal, but to the contractor that provides the best overall match to the service specifications and which best serves the interest of the City. All contractors submitting a proposal will be notified in writing or via email as to their status in the selection process. Proposals will be evaluated based on the following criteria: Item Points 1. The contractor's experience and capability to complete all aspects of the work, approach to performing the required complete landscape 25 maintenance services, stability, and past performance with similar clientele 2. Experience and qualifications of personnel and equipment assigned to this 20 contract and their availability 3. Reference from previous and current municipality maintenance contracts 15 4. The quality of the proposed service approach, scope, value-added, manner 20 and thoroughness in which it is presented in the proposal 5. Price Proposal 20 Final selection will be made based upon both the written proposal and possible interview. Information contained in the cost envelope (Pricing Proposal Forms — Attachment K) will be secondary and will be opened after the written proposals have been reviewed; how that information is used is at the discretion of the City. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 4 SECTION 3. PROPOSAL FORMAT AND CONTENT So that competing proposals can be compared equally, contractors must assemble their proposals in strict adherence to the layout requirements. Failure to follow all proposal layout requirements may result in disqualification of your proposal for being non- responsive. Proposals should be brief and concise, devoid of extraneous material and promotional information. They should be in sufficient detail to allow a thorough evaluation of the plan of work and its correlated costs. The proposal must be assembled in the following order, with tabs separating each section: Cover Letter: Proposals shall be introduced by a cover letter signed by an individual authorized to bind the proposing entity. This letter should convey the company understanding of the contract scope and deliverables and the approach to successfully perform the required janitorial and porter services. The signature of an authorized representative must appear on the cover sheet of the contractor's proposal. The signature shall be interpreted to indicate the contractor's willingness to comply with all the terms and conditions set forth in this solicitation, unless specific written exceptions are noted. Resumes and Qualifications of Personnel: The proposal shall include a personnel staffing plan with sufficient information for judging the quality and competence of the personnel to be dedicated to managing and providing the required complete landscape maintenance services. This section should clearly identify the day-to-day contract manager(s), as well as the key personnel for any and all sub-contractors for the project, and a copy of their resume. A. A resume or listing of each employee who will be assigned to manage this contract; at least one employee, or a combination of employees, on staff should be have the following certifications/license: • National Recreation and Park Association Certified Playground Equipment Inspector • Certified Arborist • California Pest Control Applicators License City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 5 B. A separate listing of current and prior clients (within the past five years) indicating the following: • Types of services performed • Scope of services provided • Names, addresses, emails, and telephone numbers of persons who may be contacted as references Cost Proposal In a separate sealed envelope, provide the fully completed Pricing Proposal Forms — Attachment K. The proposal pricing forms are divided into six sections; each depicting specific types of services for various landscaped areas. Please review each section carefully before completing the forms. The entered pricing proposal totals shall be for a 12-month service period only; with the service period starting February 2019 through January 2020. Use dollar signs and commas to indicate dollar values. Each section must be completed correctly or the entire proposal may be rejected. This process is not considered a bid, nor will cost alone decide who is selected. Please note that the City of Arcadia relies heavily on the not-to-exceed amount and is reluctant to grant further increases unless substantial reasons are made for coverage. The Pricing Proposal Forms — Attachment K shall only be prepared using the copies of the forms provided in the RFP documents. The use of substitute Pricing Proposal forms other than clear and correct photocopies of those provided by the City will not be permitted. The Pricing Proposal Forms shall be executed by an authorized signatory and shall neither delete, modify, nor supplement the printed matter on the provided Pricing Proposal Forms. Deviations may result in the proposal being deemed non-responsive. If there are any questions regarding the service period or Pricing Proposal Forms please contact Dave Thompson, Streets Superintendent at (626) 254-2709 or dthompson�arcadiaca.gov Insurance Coverage The Proposer must include in their proposal a written statement acknowledging they can provide all the insurance required in the Insurance Requirements section as referenced in the attached Sample Professional Services Agreement — Attachment M. Required Pest Control Applicators License The Proposer must include in their proposal the completed Attachment L providing for verification of the contractor's California Pest Control Applicators License. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 6 Required Certified Playground Equipment Inspector The Proposer must include in their proposal a copy of an employee certification verifying they are a Certified Playground Equipment Inspector issued by the National Recreation and Park Association. Required Certified Arborist The Proposer must include in their proposal a copy of an employee certification verifying they are a Certified Arborist issued by the International Society of Agriculture (ISA) or comparable certification. SECTION 4. SUBMITTAL REQUIREMENTS Submit three (3) copies of the proposal, including the financial proposal, in the same mailing packet. On the outside of your submittal package, indicate the name of the RFP: PWS- 10-2018 Landscape Maintenance Services Proposals must be in a sealed envelope and be received no later than 3:00 p.m. on Thursday, October 4, 2018, addressed to the following: City of Arcadia Office of the City Clerk 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066-6021 Attention: Dave Thompson, Streets Superintendent Postmarks, facsimiles, and electronic submittals will not be accepted. The proposal must be received at the above address by the closing date and time indicated above. Companies mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the specified time. Late proposals will not be accepted. The City of Arcadia reserves the right to reject any or all Proposals, to waive any informality or irregularity in any Proposal received, and to be the sole judge of the merits of the respective Proposal received. All proposals and accompanying collateral materials become the sole property of the City of Arcadia and may not be reproduced without the permission of the City. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 7 For additional information please contact: Dave Thompson, Streets Superintendent Phone: (626) 254-2709 Fax: (626) 359-7028 Email: dthompson(a�ArcadiaCA.gov SECTION 5. TERMS & GENERAL CONDITIONS Discretion and Liability Waiver The City reserves the right to reject all proposals or to request and obtain from one or more contractors submitting proposals, supplementary information as may be necessary for City staff to analyze the proposals pursuant to the consultant selection criteria. The City is not liable for costs incurred by contractors for the cost of the proposal. Contractors submitting a response to this RFP waive all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. All proposals shall be binding for a period of 90 days after the proposal due date. The City also reserves the following rights and options with respect to this RFP: • To reissue this RFP with or without change or modification, at any time prior to the City's execution of a Professional Services Agreement pursuant to this RFP; • To cancel this RFP with or without issuing another request for proposals; • To supplement, amend, substitute or otherwise modify this RFP at any time prior to the City's execution of a Professional Services Agreement pursuant to this RFP; • To waive informality, defect, non-responsiveness and/or deviation from this RFP that is not, in the City's sole judgment, material to the proposal; • To request clarification of any proposals or request modification of some or all of the proposals following evaluation by the City; • To negotiate simultaneously, or otherwise, with one or more Respondents; and to discontinue and resume negotiations with one or more Respondents. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 8 Proposers Responsibilities By submittal of a proposal, the Contractor acknowledges it has evaluated the required services and can perform such services as indicated in the proposal specifications. The proposer, if awarded the contract, accepts the premises in their present physical condition and agrees to make no demands upon the City for any improvements or alterations thereof. Sample Agreement For the contractor's information, a sample copy of the standard Professional Services Agreement (PSA) for landscape maintenance services is attached (Attachment M). By proposing, the Proposer agrees to be bound by the requirements under this Agreement unless otherwise noted in the Proposal. The Proposer may suggest alternative language to any section. Some negotiation is possible to accommodate Proposer's suggestions. However, the Agreement is subject to change with revisions pursuant to review by the City Attorney; and the contract to be awarded by the City Council. License Requirements Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of this Contract. Contractors shall possess the following California Contractor's license in order to perform the work: C-27. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Insurance Requirements The chosen company will be required to maintain insurance coverage throughout the course of the contract, and shall provide the City with evidence of said coverage as set forth in the contract. The requirement is subject to change and modification pursuant to review by the City Attorney. Section 3.2.10 (Insurance) of the sample PSA delineates the City's insurance requirements. All insurance certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 9 Performance & Payment (Labor & Materials) Bond Requirement Within the time specified in the Contract Documents, the Company to whom a Contract is awarded shall deliver to the City three identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond, each in an amount equal to one hundred percent (100%) of the Total Contract Price and in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. Signatures on Principal and Surety must be notarized on all bonds. Execution of Contract As required the Contractor to whom a contract award is made shall execute the contract in the amount determined by the contract documents. The City may require appropriate evidence that the persons executing the contract are duly empowered to do so. Term of Contract The contract entered into shall be for twelve months from date of execution, with the option of three one-year annual renewal extensions. Renewals and/or contract extensions that involve contract increases will be based upon approval by the City Council. One hundred and twenty (120) days before the end of the initial term of this contract (from date Council awards initial contract), the Contractor shall advise the City in writing of its intent to extend the term of the contract for an additional term of one-year to commence on the first day following the last day of the initial term and on the same terms and conditions as prescribed for the mutual term, or upon different terms which the Contractor shall specify in writing. The City shall, within thirty (30) days of receipt of such advice, notify the Contractor in writing of its acceptance or rejection of such extension, and if any changes were made in the contract. These provisions regarding extension shall be applicable to each succeeding one-year term if granted. Business License Requirement The successful consultant shall purchase a City of Arcadia Business License prior to commencing work. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 10 Prevailing Wages Contractors are advised that this Contract is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work. These rates will be on file at the City's office and they will be made available to any interested party upon request. Each Contractor to whom a Contract is awarded must pay the prevailing rates, post copies thereof at the job site and otherwise comply with applicable provisions of state law. Department of Industrial Relations Contract Compliance: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors that wish to propose on or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In proposing on this contract, it shall be the contractor's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its proposal. Substitution for Retentions Contractors are advised that if awarded this Contract they will be permitted, at their request and expense and in accordance with Section 22300 of the California Public Contract Code, to substitute securities equivalent to monies withheld by the City to insure performance under the Contract. Diversion of Recyclable Waste Materials In support of the City's waste reduction and recycling efforts, Contractor will be required to divert all Recyclable Waste Materials to appropriate recycling centers rather than area landfills. For purposes of this requirement, Recyclable Waste Materials shall include asphalt, concrete, brick, concrete block and rock. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. All costs incurred for these waste diversion efforts shall be included as part of each contractor's proposal. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 11 SECTION 6. SPECIAL PROVISIONS & SPECIFICATIONS Contractor Responsibility To provide complete and aesthetically pleasing landscape maintenance to all landscape areas listed in the Request for Proposal, including but not limited to, mowing, edging, pruning, shaping and trimming of shrubs and ground cover plants, weed control, pest control, treatment of plant diseases, proper recycling methods, and other maintenance required to maintain the City's parkways, medians, parks, and public facilities landscape and hardscape in a safe, attractive, and usable condition, and maintain all plant material in good condition with horticulturally acceptable growth and color. It shall be the Contractor's responsibility to furnish, at his own expense, all tools, equipment, labor, materials and services necessary for the satisfactory performance of the work set forth in the contract specifications. All vehicles used by the contractor shall have the company name visible on the vehicle. The logo shall be consistent on all vehicles. Vehicles shall be clean and properly maintained. Uniforms and safety vests are required to be worn at all times. If the Director or his designee feels that improper clothing is being worn, the supervisor will be instructed to make the necessary changes. Scheduling of Work The City reserves the right to change schedules to meet the needs of the City. Any work performed on parkways and medians, where traffic control is required, shall not commence before 9:00 a.m. and shall terminate at 3:00 p.m. The Contractor shall accomplish all normal landscape maintenance required under these specifications (other than parkways and medians) between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Other exceptions may be made to normal work hours where incidences of use may be too great during the specified hours to allow for proper maintenance. The Public Works Services Director or City representatives may grant, on an individual basis, permission to perform contract maintenance at other hours. No maintenance functions that generate excessive noise, which could cause annoyance to residents of the area, shall be commenced before 8:00 a.m. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 12 The Contractor shall establish a schedule of routine work following the performance specifications in the contract. Contractor shall provide the City with a complete schedule, listing days when work will be performed in all areas of the City. Any changes in scheduling shall be reported in writing to the Streets Superintendent prior to the work being performed. The Contractor shall conduct the work at all times in a manner which will not interfere with vehicular traffic on adjacent streets or normal pedestrian traffic on adjacent sidewalks. In addition, a special notification listing starting dates for fertilizing, spraying, pruning, irrigation schedule and other duties shall be furnished to the Streets Superintendent at least 48 hours in advance of performing these operations. All routine grounds maintenance shall be performed at the same work site, such as, but not limited to, mowing, edging, litter control, weed control, irrigation maintenance, hedge trimming, and the raking of sand areas, and shall continue without interruption. Once work has begun at a given site, the work shall continue until the entire job is completed. Hazardous Conditions The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor which is not a result of his operations shall immediately be reported to the Streets Superintendent. Best Management Practices (BMPS) Contractor shall comply with all federal regulations in the development and implementation of BMPs for storm water quality at maintenance sites and develop programs to reduce the discharge of pollutants to the maximum extent practicable (MEP). Landscaping and garden maintenance activities can be major contributors to urban runoff pollution. The general intent of the following practices is to insure that all landscaping wastes are properly disposed of and do not enter the storm drain system. Therefore, the City, in compliance with State, Federal laws and local ordinances requires the following BMPs: • The street and gutters shall be swept free of all leaves, grass clippings, tree trimmings and other landscaping debris resulting from landscaping operations. Waste shall be disposed in appropriate waste containers. Dead Pine Needles in the curb & gutter area along the medians on Santa Anita Avenue shall be removed at the same time the medians are maintained. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 13 • The washing of spills from fertilizers, herbicides and pesticides from lawns, landscaped areas or concrete surfaces is prohibited. Dry material spills shall be swept up and disposed of properly. Liquid spills are to be contained and cleaned up with absorbent materials. The City retains the right to require additional BMPs to remain within compliance with regulations as may be developed under the auspices of the Los Angeles County Municipal NPDES Permit. Further information about the use of BMPs and other practices can be obtained by calling the City's Environmental Services Officer at (626) 254-2712. Grass Cycling and Disposal of Green Waste Grass cycling is a management practice of leaving grass clippings on the turf during the mowing operation. The contractor shall follow this management practice wherever possible. The contractor shall notify the City in advance of areas where this practice cannot be followed. The practice of Grass cycling returns nitrogen, phosphorus, potassium, and other elements back to the soil, saves labor and time, and eliminates disposal fees at local disposal sites. All green waste material collected in the City of Arcadia shall be disposed of in the Public Works Service Center located at 11800 Goldring Road OR 69 W. Orange Grove Avenue (Water Facility) in the proper designated area. Only green waste from City of Arcadia landscape maintenance operations will be deposited here. Green waste dumped from other operations (without prior consent from the City) may result in termination of this contract. Turf Maintenance Note: Mowing days shall be coordinated with the City so that, if possible, mowing occurs one day prior to street sweeping operations. Maintenance of Warm Season Turf- Type of mower - (Common Bermuda, Kikuya, and St. Augustine) it is required that Ransoms AR-250, or equal, mulch mowers be used. Mowing of hybrid Bermuda grasses shall be accomplished with a power driven front throw reel mower. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 14 Maintenance of Cool Season Turf Type of mower - It is required that Ransoms AR-250, or equal, mulch mowers be used. Otherwise, mowing of cool season grass shall be accomplished with a power driven rotary mower with a grass catcher attached to remove clippings (see special conditions regarding Grass Cycling and Disposal of Green Waste). Mowing shall be in alternating patterns; blades shall be kept sharp at all times. Turf shall be mowed to a minimum height of 2 inches during fall and winter months, and the cut should be no lower than 2 1/2 inches from the soil during late spring and summer. Mulching - Rotary mulching mowers shall be used on all cool season turf. The mulching capacity of the mower shall be utilized at all times when mowing, except when grass is wet during cool, damp weather, within one or two weeks after fertilization, and during the times of rapid spring growth. During these times, the clippings shall be bagged and removed from the site and shall be brought to the service center for proper disposal. Not more than one-inch (1") of the grass blade shall be removed at any one mowing when the mulching capacity of the mower is engaged. Mulching mower blades shall be kept sharp at all times. Clumps or any loose clippings of grass left behind after mowing is not acceptable under any circumstances. Deductions will be made if this occurs. Mowing Requirements - Turf shall be mowed to a maximum height of 3/4 of one-inch and a minimum height of 1/4 of one-inch. Mower decks are to be properly adjusted to provide the same even cut without tearing while overlapping. Uneven cutting of turf areas will be unacceptable. Turf areas shall be mowed at such intervals of time so that not more than one inch of grass is removed at time of cutting. Turf areas shall be mowed at least once a week; turf may need to be mowed more often due to active growing season. Turf areas shall be mowed every other week between the period of November 1 through March 1. Turf may be mowed more often due to warmer weather patterns. In return, mulch shall be applied to City planters as directed by the City each week that turf mowing is not provided. All litter, glass, leaves, paper, pine needles, and other debris shall be removed and disposed of off-site prior to mowing turf areas. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 15 All material that is collected in the gutter areas while using a blower shall be removed from site. Any piles shall be removed immediately. Any piles left to be scattered by traffic, or debris being blown out in the street, or back up on the turf or shrub areas will result in a deduction of $250.00 in the monthly invoice per incident. In addition, any material that is directly blown into a catch basin will result in a deduction of $500.00. The Streets Superintendent or qualified City personnel must see the violation(s) to be valid. All turf clippings shall be collected and removed from the site prior to the completion of that day's mowing operations or at the end of the day, whichever occurs first. Mowers used to cut Bermuda, Kikuya, and St. Augustine shall not be used to cut fescue in order to keep stolens from being carried to fescue type areas. Mowing should not be performed around children; if area is crowded, rescheduling may be necessary to mow area at a proper time. The dog park located at Eisenhower Park should be mowed to coincide with times posted on park signage. The City is in the process of Phase 2 of a three phase Center Median Restoration Project that includes removal of grass from all center medians. It is expected that Phase 2 will be completed by October 2018 and Phase 3 completed by October 2019. At which time, amendments will be made to the contract to account for maintenance of drought tolerant plants and irrigation in center medians. Miscellaneous Turf Maintenance Operations Aeration - Lawn areas, except medians, shall be aerated in May and October of each year. Aeration shall be accomplished by removing 1" diameter by 2" deep cores at maximum spacing of 6" by use of a mechanical aeration machine. Contractor shall aerate the entire area first in one direction (east to west) then repeat the operation in the opposing direction (north to south). Under adverse conditions or as a result of high use where turf is suffering from compaction, aeration may be necessary at more frequent intervals; sand shall be supplied and added by Contractor in heavily compacted areas where necessary, at the discretion of the Streets Superintendent. Plugs and any other debris shall be removed from the site no later than the day following aeration. All trails, roadways, walkways, parking lots, etc. dirtied by miscellaneous operations shall be thoroughly cleaned at the conclusion of the operation or at the end of the day whichever occurs first. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 16 All routine grounds maintenance shall continue at the same work site, such as, but not limited to, litter control, weed control, and irrigation maintenance. Once work has begun at a given site, the work will continue until entire job is completed. Any irrigation and/or landscape damaged during these operations will be replaced at Contractors expense. Edging - Edging shall be performed concurrently with mowing to maintain a neat and uniform appearance to the satisfaction of the Streets Superintendent. Edging shall be performed with line trimmer in order to maintain a neat, straight, and clean edge appearance at each sprinkler head. The sprinkler head wells shall be kept free of grass at a maximum of six inches (6") in all directions where it is necessary, from the sprinkler head. Only herbicides shall be applied around sprinkler heads approved by Streets Superintendent. Trees growing in turf areas shall have tree wells not to exceed six inches (6") in diameter from the main trunk of the tree. The use of line trimmers around the base of trees with a caliper less than four (4") inches is prohibited by this contract. In the case where line trimming is prohibited the contractor may use an approved herbicide to control the growth of plant material. However the contractor shall remove all dead material in these areas. As an option, with the approval of the Streets Superintendent, the contractor may use herbicides to control turf growth around pre-approved trees. Contractor shall replace, at their expense, any tree that dies due to injury of the cambium layer damaged by line trimmers, mowers or any other maintenance equipment. Pickup Operations - ALL glass, leaves, paper and other debris shall be collected and removed prior to commencing mowing operations. All walkways, roadways, ends of medians (noses), parking lots, or any other areas dirtied by maintenance operations shall be cleaned and all debris removed of off-site prior to the completion of that day's work or at the end of the day, whichever occurs first. All debris generated from contractor's operations shall be picked up and disposed of off- site. No debris shall be blown into streets, roadways, and sidewalk areas. All pine needles and debris shall be picked up and removed on Santa Anita Avenue from Live Oak Avenue to Grandview Avenue in the entire concrete turn areas (noses) and in the entire gutter area on Santa Anita Avenue concurrently with the weekly maintenance operation. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 17 Pest Prevention and Weed Control Licenses - The Contractor, or a member of his staff, must possess a current California Pest Control Applicators License. This license shall consist of either a Qualified Applicators Certificate, or a Pest Control Operators license, and shall be kept current and in good standing with the California Department of Pesticide Regulation during the entire period of this contract. In addition, the Contractor must obtain a pest control business license from the County Agricultural Commissioner's office, and must be registered in Los Angeles for work in Arcadia. Any lapse in said licenses and/or registration shall be considered a breach of contract and the City may take action to terminate the contract. The Contractor shall be responsible for detection, prevention, elimination and control of weeds, harmful insects, disease and rodents in banks, shrubs, ground cover, and turf areas, and play areas. All landscaped areas within the specified maintenance area including, but not limited to, lawns, shrubs, planters, tree wells, sprinkler wells, sidewalk joints and cracks, curb and gutter joints and cracks including areas where concrete gutter adjoins asphalt street, concrete adjoins asphalt, and medians shall be kept weed free at all times. Rodent Pest Control - The Contractor shall provide complete and continuous control and/or eradication of all plant diseases, pests, and rodents. The Contractor shall select and supply proper materials and licensed personnel and obtain all necessary permits to comply with City, County, State, and Federal laws and regulations. Contractors will assume responsibility and liability for the use of all chemical contractors as per Senate Bill 198. Weed Control - Weed infestations of the turf, shrub and ground cover areas shall be controlled by chemical methods. The Contractor shall strive for 100% elimination of weeds. Turf: Pre-emergent chemical applications, broadcasted over turf in liquid or granular form, shall be applied in January, early March, and late September, to control weed growth. The pre-emergents shall control weeds such as crabgrass, goose grass, nutsedge, barnyard grasses, clover, oxalis, and dandelion. For September, pre- emergents shall be applied to control annual bluegrass and spurge. Post emergent chemical applications, broadcasted over turf, shall be applied in February, March, and April, and also November to control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Some of the more prevalent weeds to be targeted are broadleaf, oxalis, nutsedge, and clover. Post emergent crab grass control shall be applied in early June or at early stages of growth for warm season grasses and Turflon Ether for cold season grasses of each year. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 18 A date and location schedule for turf herbicide applications shall be given to the Streets Superintendent at the beginning of the month prior to any work. Planters: A pre-emergent shall be applied for all ornamental shrub planters in the month of January and October for elimination of weed growth. A date & location application schedule shall be given to the Streets Superintendent at the beginning of the month prior to any work. Post emergent chemicals (such as Round-up, Manage, and Fusilade) may be applied where various weeds are intermixed with shrubs in addition to hand removal of noxious weeds and grasses during the warmer growing months. Care shall be given when spraying Round-up so that excess spray does not come in contact with shrub foliage. Use of Chemicals The Contractor shall submit a list of all chemicals, herbicides, and pesticides proposed for use under this contract for approval by the Streets Superintendent. Materials included on this list shall be limited to chemicals approved by the State of California Department of Agriculture and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendation of a Licensed Pest Control Advisor and shall conform to the current Los Angeles County Department of Agriculture regulations. No chemical, herbicide, rodenticide, or pesticide shall be applied until its use is approved in writing by the Streets Superintendent as appropriate for the purpose of the areas proposed. Restricted materials can only be used by a Licensed Applicator possessing a Restricted Materials Applicators Permit as issued by the State Department of Agriculture. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the Streets Superintendent a minimum of seven days prior to intended use. No chemical applications shall be performed until the Streets Superintendent's approval is obtained, and a Notice of Intent is filed to the Los Angeles County Department of Agriculture. Failure to obtain authorization from the City may result in a $200.00 per instance deduction. This includes any fines the City is required to pay resulting from the Contractors failure to comply with proper rules and regulations. Chemicals shall be applied to limit drift to six inches (6"). All precautionary measures necessary to ensure public and worker safety shall be employed since all areas will be open for public access during application. A monthly report shall include a statement of all applications of herbicides and pesticides detailing the chemical used, quantity, rate of application, area in which used and the purpose of the application. Contractor shall be responsible for posting all notices when chemicals are applied. All notices shall be in accordance with Chemical, Product Labels and Department of Agriculture Regulations. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 19 Approved control measures shall continue until the disease or insect is controlled to the satisfaction of the Streets Superintendent. The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety of the public and the employees of the Contractor. The Contractor shall conduct monthly inspections for evidence of disease, harmful insects, rodents (gophers, rats, mice, etc.), and unwanted grasses and weeds. Tree Trimming The contractor shall be responsible for the maintenance and upkeep of shrubs and trees planted in designated islands, parkways, medians, parks, and public facilities. The Contractor is responsible for raising the skirt of all trees (no height restriction) located in the landscaped maintenance areas as directed by the Streets Superintendent. Low branches overhanging park and residential streets shall be raised to a height of twelve feet (12') above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine feet (9') above grade. All trimmings shall be removed from the site and recycled with other green waste generated during routine maintenance operations. All trimmings shall be brought to the Public Works Services Center at 11800 Goldring Road for proper green waste disposal. Pruning includes removal of dead, diseased or damaged parts of trees, shrubs, and ground cover. All pruning shall be done with clean, sharp tools. Cuts shall be made according to ISA (International Society of Arboriculture) specifications, outside the branch bark ridge, flush cuts are absolutely prohibited. A certified arborist shall be on staff before commencement of pruning. The Contractor shall remove tree supports when the tree has outgrown its need for support, or as directed by the Streets Superintendent. Water sprouts are to be removed when maintenance is being performed in area where they are visible. Established trees shall be lifted and suckers removed once a year in November. Palms shall be trimmed once a year whenever fruit is present. Stakes and guy wires shall be provided and installed by the Contractor where required. Shrub and Ground Cover Maintenance The Contractor shall be responsible for edging, raking, and weeding areas with ground cover and parkway areas on a bi-weekly basis. Weed infestations shall be controlled by chemical methods. The contractor shall strive for 100% elimination of weeds. Areas with ground cover planted in them shall be kept weed free. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 20 The Contractor shall be responsible for removing any trash or debris from ground cover areas on a bi-weekly basis. Ground Cover - Ground cover plantings shall be thinned, mowed, and pruned continually throughout the contract period for the health of the planting and the appearance of the site and at such other times when directed by the Streets Superintendent. Groundcover requiring mowing as directed by the Streets Superintendent shall be mowed in March. The Contractor shall remove all debris found in ivy ground cover from the area as part of regularly scheduled maintenance operations. The open soil areas between plants shall be cultivated weekly where permitted. Two inches (2") of Mulch is to be supplied by contractor and applied to all bare soil areas or as requested by the Streets Superintendent. Replanting of ground cover (filling in voids replacing dead plants or general plant replacement to maintain continuity in planters etc.) shall be required throughout the contract period in order to maintain the continuity of the ground cover area. Replacement plants and labor for planting shall be provided, at no additional cost to the City. Groundcover shall be replaced at the cost of the City (Material only) if: a. The City directs the contractor to replace the entire or significant portion of a planter/bed area. b. The contractor advises the City that the plant materials dying or diseased and in need of replacement Labor shall be provided at no cost to the City. Ground cover shall be maintained within its intended boundary and shall not encroach into lawns, shrub beds or adjacent areas or in any area deemed undesirable by the Streets Superintendent. Shrubs planted within areas containing ground cover shall have an area two feet (2') in diameter around base of plant free of ground cover and shall be covered in mulch to prevent weed growth. All areas planted with ground cover plants shall be adequately irrigated to maintain the plants in a healthy condition, while minimizing water run-off into the street. The contractor shall be responsible for removing any soil in order to keep water from running into the street. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 21 Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, drains, or any other appurtenances or fixtures. Do not allow ground cover to grow up trees, into shrubs, or on structures or walls. Keep it trimmed back approximately 6 inches from structures or walls. If unsure, always coordinate trimming with the Streets Superintendent. Shrub and Oleander Trimming - All shrubs and hedges shall be trimmed and shaped during the 1st and 3rd weeks of each month. Shrubs and hedges shall be maintained at a height so that they do not impede traffic safety. Differences in the heights of the shrubs and hedges shall be determined by the Streets Superintendent. All pine needles shall be removed from the tops of the shrubbery on the 1st and 3rd week of each month. All the oleander locations shall be trimmed four times a year in March, June, September and December to a maximum height of sixteen feet (16'). All other trimming of shrubs and hedges shall be done at the request of the Streets Superintendent. Oleanders and Xylosma at the City Hall complex shall be trimmed monthly. Xylosma along the east side of the Civic Center Athletic Field are to be maintained to maximum height of 10'-0" above grade. Irrigation • Irrigation Schedule - The automatic irrigation controllers shall be set to water during the hours between 6:00 p.m. and 5:00 a.m., or as designated by the Streets Superintendent. Due to the effects of the recent drought, the City is in Phase 2 Mandatory Water Conservation — Water Use Prohibitions. No lawn, landscape, or turf areas shall be watered or irrigated more than two days a week in winter and three days a week in summer. • No lawn or landscape area shall be watered between the hours of 9 A.M. and 6 P.M. The City's watering days are: o Summer (May-October): TUESDAYS, THURSDAYS, and SATURDAYS o Winter (November-April): TUESDAYS and SATURDAYS The Contractor is required to submit irrigation maintenance schedules for all areas maintained under this contract. The schedule shall include; Station number, water time, cycle start time, and any damage/repair to the system during that month. Schedules are due monthly and shall be submitted to the Streets Superintendent on the first working day of the month. Failure to submit the schedules shall result in a $200.00 reduction in the monthly invoice per incident. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 22 The contractor's irrigation specialist shall keep weekly irrigation maintenance records (see Weekly Irrigation Report, Attachment A). The records shall be made available upon the request of the Streets Superintendent. Failure to maintain proper records and produce completed reports when requested shall result in a $100.00 reduction in the monthly invoice per incident. Contractor shall respond to requests for irrigation systems repairs per generated Calsense Controller Alert reports within three (3) working days. Failure to respond as requested shall result in a $200.00 reduction in the monthly invoice per incident. The contract irrigator shall meet with the Streets Superintendent on a weekly basis to collect the Alert Reports. The contractor is responsible for replacing the batteries every six months, July and January, in the controllers that have batteries for backup in case of power failure. For battery powered irrigation controllers, the City shall supply batteries. The Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variation, wind conditions, and rainfall and recommend appropriate changes in duration of watering cycles for all areas under this contract. All landscaped areas shall be irrigated as required to maintain adequate growth and appearance. No actual changes shall be made without the prior approval of the Streets Superintendent. Irrigation Monitoring Program - The Streets Superintendent is responsible for controlling irrigation run times during cold and hot weather to minimize water consumption while maximizing irrigation efficiency. However, whenever the contractor notices an area is need of increasing or decreasing irrigation time or frequency, the contractor shall make the required changes and notify the Streets Superintendent before the end of the day. During the rainy season, the Contractor is responsible for turning OFF all controllers that are not centrally controlled, whenever the Streets Superintendent requests such action, or when there is ample precipitation to maintain healthy foliage. System Inspection and Testing of Irrigation - All irrigation systems shall be tested and inspected in accordance with the following: A schedule shall be submitted on the first day of each month during the life of the contract showing the location, day of week and time of day that each system will be tested and operated. All changes shall be submitted for approval prior to enactment. 1. All systems shall be adjusted in order to provide adequate coverage of all landscape areas; prevent runoff and/or erosion; prevent watering roadways, hard surface areas and private property, Defective sprinklers causing pooling, etc. shall be replaced immediately. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 23 2. All system malfunctions, damage, and obstructions shall be reported and action taken immediately. 3. In addition to required testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. Daily testing may be required if necessary. 4. The Contractor shall post signs whenever the irrigation system is being operated, repaired or tested during daylight hours. The Contractor shall provide signs and barricades. Adjusting Controller Programs - The Contractor is responsible for utilizing multiple run times when setting the automatic controllers. For example, if you were running station 1 for 30 minutes and you were experiencing excessive run-off, you should make the necessary adjustments to set different start and run times in shorter increments to allow the water to soak in, avoiding any run-off. In addition, increasing or decreasing irrigation time & frequency for arid or saturated landscape is the responsibility of the contractor and Streets Superintendent. Spray Clearance - The sprinkler heads shall be kept free of ground cover at all times to ensure proper coverage. Any plants blocking the spray of a sprinkler shall be cut back or removed to ensure proper coverage, in some instances; sprinklers shall be moved by the Contractor at no cost to the City, to ensure proper coverage of the landscaped area. Part Requirements - Plastic pipe shall be polyvinyl chloride (PVC), Schedule 40, Type 1, Grade 2 (PVC) 1220 plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. Galvanized steel pipe and galvanized steel pipe fittings shall be Schedule 40. All sprinkler heads shall be approved by the Streets Superintendent before installation. Special Watering Special watering required during daytime hours and for landscaped areas with or without automatic controllers such as after fertilization, during periods of extreme heat, drought and during manual irrigation cycles shall be conducted in accordance with the following criteria: 1. Prior approval must be given by the Streets Superintendent. 2. There shall be minimum drift onto private property or roadways caused from wind or run-off due to the over running of a station or the elevation of the ground is too high. 3. There shall be no interference with other field maintenance activities, special event activities, or public usage. 4. Irrigation personnel shall be present at each location until the watering cycle is completed during manual or daytime operation. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 24 City Requests Contractor shall be available to respond within one hour during normal working hours of any request by the City to turn on/off irrigation systems, particularly in respect to rainfall and during or before special events. If any part of the irrigation system malfunctions (broken sprinklers, leaky valves, broken irrigation box lids, etc.) and the Contractor does not respond within one hour from notification, City crews will make necessary corrections and deduct the charges (regular or overtime at the time the crew was called out) from the monthly invoice. Damages Any damages to plants, hardscape, etc. resulting from under or over watering shall be repaired and replaced at the Contractor's expense. If damaged areas are not replaced by the Contractor within one week of notification the work shall be completed by City crews or another contractor and expenses will be charged to the existing Contractor. Contractor is responsible for any soil testing at no cost to the City. The Contractor shall maintain the entire irrigation system from the connection at the meter in an operational state at all times. The City shall provide the necessary parts, while the Contractor shall supply all the necessary labor at no additional cost to the City (refer to Section 20.01, page SP-13 for further clarification). This applies to all controllers, remote control valves, gate valves, main and lateral lines, sprinkler heads, moisture sensing devices, removal of any hardscape shall be removed and replaced by the Contractor in order to perform necessary repairs at no additional cost to the City. Removal of roots causing any damage to any part of the irrigation system is the Contractors responsibility. Assembly Bill 325 Compliance (Drought Tolerant Landscape) Contractor shall be required to comply with all restrictions associated with AB325. To include audits and efficiency standards for all landscaped areas. The Contractor shall be required to perform irrigation efficiency audits at the request of the City at no additional cost. Trained Personnel Contractor shall provide personnel fully trained in all phases of the irrigation systems operation, maintenance, adjustments and repair; in all types of components to include electrical and battery operated control clocks, valves and sprinkler heads; and with all brands and models of irrigation equipment. Anyone operating backflow device must obtain an Operators permit from L.A. County. The Contractor shall provide a list of names of all employees assigned to this contract and shall update this list and submit to the Streets Superintendent on the first working day of each month. Note: Permanent change requires written notification and is subject to approval by the Streets Superintendent. Temporary changes require written notification. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 25 Fertilization All turf areas will be fertilized in accordance with the following criteria when granular fertilizer is used; TYPE FORMULA RATE Bluegrass 16-6-8 w/trace elements 1 lb. nitrogen per 1000 sq. ft. Bermuda 33.5-0-0 ammonia nitrate 1 lb. nitrogen per 1000 sq. ft. (Dec-Mar) Zoysia1 6-6-8 w/trace elements 1 lb. nitrogen per 1000 sq. ft (Apr-Nov.) Fescue 16-6-8 w/trace elements 1 lb. nitrogen per 1000 sq. ft. St. Augustine 33.5-0-0 ammonia nitrate 1 lb. nitrogen per 1000 sq. ft. The Contractor shall provide a fertilization schedule for each facility prior to the start of the contract. This schedule is subject to the approval by the Streets Superintendent. Fertilization of both cool and warm season grasses shall be done in the first week of April, June and October. Certain types of turf may require more frequent fertilizing in order to keep them from going dormant: Turf shall be free of moisture at the time of fertilization application. Application of the fertilizer shall be done in sections, determined by areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. If any turf, ground cover, or shrubs die due to fertilizer burn, it is the contractor's responsibility to restore and/or replace these items at their cost. The Contractor shall inspect all irrigation systems prior to the broadcast of the fertilizer, and make ALL necessary repairs before the fertilizer is applied, in order to insure proper coverage by the irrigation system. All fertilizer shall be supplied by the contractor at no additional cost to the City. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. Shrub and ground cover areas shall be fertilized the first week of April and the first week of November with the materials at the following application rates as follows; Herbaceous ground cover fertilization shall be accomplished with a pelleted 12-12-6 formulation containing no less than 18% sulfur at the proper rate. Fertilizer shall be applied evenly at a rate of 8 lbs. per 1,000 sq. ft. The areas shall be deep watered the evening immediately following the fertilizer application. Shrub fertilization shall be accomplished with a pelleted formulation of which the contractor and Streets Superintendent are in agreement and to be installed around each shrub at the rate of one cup per shrub. The areas shall be deep watered the evening immediately following the fertilizer application. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 26 Annual flowerbeds are to be fertilized with Grow Power or an equivalent product concurrent with the plants blooming cycle (a minimum of three growing periods per year). Fertilizers shall be applied in March, June and October within the drip line of all trees when applicable. Trees within narrow planting strips shall be fertilized with an approved root feeder, fertilizing as much of the area as possible within the drip line. Contractor shall be responsible for using other fertilizers whenever necessary to promote healthy growth of turf, shrub, flower bed, or ground cover areas. Equipment/Vegetation Replacement Irrigation Materials and Controller Replacement - All irrigation controllers requiring replacement shall be purchased by the City and the labor for picking up parts, removing, and installing new controllers shall be provided by the Contractor at labor contracted prices. All sprinkler parts including heads, risers, valves, pipe, connectors, wiring, and other miscellaneous parts requiring replacement shall be purchased by the City and the labor for repairs shall be provided by the Contractor at no additional cost to the City. All irrigation parts damaged due to acts of God, vandalism, or vehicular accidents shall be installed by the Contractor at the City's expense based on the contracted prices. The Contractor shall provide the City with an accident damage report including labor costs, equipment costs, and material costs, whenever there are damages due to an acts of God, vandalism, vehicular accidents, or whenever any damage occurs in areas maintained under this contract. Trash Cans Replacement - All trashcans in parks and public facilities are to be replaced at the request of the Streets Superintendent by the Contractor at no additional cost to the City. The City will supply the trashcans. All trashcans must be maintained in good condition and removed and replaced when needed. Trash Cans Emptied - Trashcans at all parks shall be emptied and replacement bags installed daily no later than 11:00 a.m. Failure to comply may result in a $100.00 reduction in the monthly statement, per park. Trash bags will be supplied by the contractor. Any debris that falls as a result of the Contractors hauling operations shall be removed immediately by the Contractor. Vegetation Replacement - The Contractor shall notify the Streets Superintendent within 24 hours of the loss of plant material due to any cause. Any plant that dies and is not reported shall become the responsibility of the Contractor for replacement. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 27 The Contractor shall be responsible for replacement at no cost to the city for turf, annual plants, trees, shrubs, ground cover, and soil as deemed necessary due to Contractors negligence. The size and species of these items shall be as directed by the Streets Superintendent. All replacement vegetation that fails due to negligence shall again be replaced by the contractor with no occurring costs to the city. The Contractor is responsible for soil testing at the Streets Superintendent's request at no cost to the City. All landscape plants, trees, and material damaged due to acts of God, vandalism, or vehicular accidents shall be supplied by the City at the City's expense and the Contractor shall install and make necessary corrections at no additional cost to the City. All annual flowerbeds are to be replaced three times per year, during the 1st week of March, June and October, at no additional cost to the City. These locations include: City Hall Baldwin Avenue at Foothill Boulevard Huntington Drive at Michillinda Avenue **Plants shall be four inch (4") size or six-pac. Tot Lot, Playground and Other Equipment Maintenance Sand, Bark Chip, and Rubber Matting Areas - Play areas shall be kept free of weeds, litter, and debris such as broken glass or any other hazardous objects. Sand and bark chip areas shall be raked and leveled on a daily basis to prevent the development of large holes or depressions, and to prevent the exposure of equipment footings or foundations. The Contractor shall keep all sand in the confines of the play area and keep level of sand below concrete edges to prevent sand from spilling over the edges. Sand and bark chip areas shall be roto-tilled in April and August to keep the sand from becoming compacted. Contractor shall be responsible for providing and replacing sand in April and August as requested by the Streets Superintendent. Sand shall be washed brown plaster sand with no rocks. Rubber Matting shall be blown on a daily basis to remove debris. Play Equipment - Play structures shall be kept clean and free of sand as directed by the Streets Superintendent. Any damages to play equipment or hazardous equipment shall be reported to the Streets Superintendent immediately. Drinking Fountains - Drinking fountains shall be cleaned daily. Every drinking fountain that appears damaged or clogged shall be reported to the City immediately. Parking Lots and Tree Wells - Contractor shall be responsible for the removal of all trash, dirt, weeds and debris in parking lots and tree wells in areas within the contract specifications. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 28 Tennis courts - Tennis courts shall be cleaned (blown or swept) on Mondays of each week, this includes removing any leaves, debris, trash, glass, etc. Basketball Courts - The Contactor shall strive to keep the Basketball court surfaces free of irrigation water run-off pooling by sweeping and/or blowing water off concrete surfaces on a daily basis. Graffiti - All graffiti in contract areas shall be reported to the Streets Superintendent immediately. Wilderness Park, Eisenhower Park, Bonita Skate Park, Newcastle Park, Downtown Area, Parking Districts 1 & 2, and Transit Plaza - In addition to the normal landscape duties as listed in these specifications, the contractor shall perform the following every day, including weekends and holidays. (Reference Attachment E). Primary responsibilities are as follows: • Clean park restrooms, park trails and parking lots. • Pick up trash in the park and empty trashcans. • Assist in special events as assigned by the Park Supervisor. • Other duties as assigned by the Recreation Supervisor. • All manual watering shall be completed before 9:00 a.m. Wilderness Park: • Trash cans, when moved by the public, shall be placed back to their original locations or near a picnic table on a daily basis. • Maintain a 25' firebreak throughout perimeter of Wilderness Park. • All Gazebo concrete surfaces and picnic tables at shall be blown every Wednesday. Party favors and tape will be removed from all picnic tables and posts during cleanings. • The Contractor shall clean all barbecues on the first working day of the week. Newcastle Park: • The gate shall be opened by 7:00 a.m. daily. Bonita Skate Park: • Surfaces shall be blown and debris removed on a daily basis. The Skate Park restrooms and skate bowl entry gates shall be opened by 7:00 a.m. during summer operations, weekends, and holidays. City will provide schedule for Bonita Skate Park. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 29 Eisenhower Park and Dog Park: In addition to the duties and responsibilities identified in these specifications, the contractor shall perform the following duties Monday through Friday: • Open the restrooms at 7:30 a.m. daily. • Pickup all trash, leaves and debris in park, empty trash cans, clean the parking lot, and generally survey the park for damage and report to Streets Superintendent. These duties will be performed beginning at 7:30 a.m. and completed by 10:00 a.m. • Re-fill the doggy litter mitt container when empty. It is the responsibility of the contractor to pick-up the litter mitt rolls at the Public Works Service Center. • Aeration of the Dog Park turf shall be conducted bi-monthly. • Mowing of Dog Park turf shall be completed by 11:00 a.m. on Thursday's. Prior to mowing the turf, all animal feces shall be removed from the grounds by the contractor. Contractor Scheduling On the first working day of each month, the Contractor shall supply Streets Superintendent with a schedule of the day that the Contractor will be working in the specified areas in the contract. This shall include approximate time of day, work being performed, and names of people in the crew. Contractor shall notify Streets Superintendent of any changes to the schedule 24 hours in advance. Streets Superintendent shall notify Contractor 2 working days in advance if any Special requests are to be made. Failure to comply with these requests shall result in a $200.00 reduction in the monthly statement per incident. The Contractor shall, no later than the last working day of each month, submit to the Streets Superintendent, a written report that projects the days of the month in which the Contractor shall perform any operations other than routine. Contractors Facility, Communication, Certified Payroll Facility - The Contractor shall be required to maintain a maintenance facility within a 50 mile radius of the City Hall of Arcadia and shall have staff on hand at the facility available to answer telephone calls from 8:00 a.m. to 5:00 p.m., Monday thru Friday. Communication - The contractor's facility, lead person, and irrigation specialist shall be equipped with a cellular phone for dispatching purposes and answering emergency calls 24 hours a day, sevendays a week. One person shall speak fluent English on each crew and the contractor shall provide the names of each crew person to Streets Superintendent and shall notify the Streets Superintendent three days in advance of any permanent changes. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 30 Inspection of Payroll Records - Contractor is required to keep and maintain accurate payroll records. These records shall be made available to the City upon request for the purpose of verifying compliance with prevailing wage laws. Failure to keep or make records available to the City when requested shall result in a $100.00 reduction in the monthly invoice per incident. Water Facilities All other provisions of these specifications apply. Whenever a conflict arises between this section (Water Facilities) and the rest of the specifications, the main body of the specifications shall apply. All turf areas at the water facilities shall be mowed and edged weekly. Fertilization shall be performed in April, June, and October. All other maintenance shall be performed Bi-weekly to include shrub trimming, litter and debris removal, weed abatement, stairway clearing, shrub, ivy and or groundcover trimming where it encroaches into adjacent areas. A quarterly trimming of the oleanders is required in January, March, June, and September. Special attention at the Live Oak Plant is required to allow visibility for the pedestrians in the crosswalk and proper clearance on the access road. This portion of oleanders shall be kept to a height of 3'. No chemicals other than Round Up and Di-quat shall be used at the water well sites. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services Page 31 WEEKLY IRRIGATION REPORT ATTACHMENT A RFP NO. PWS 10-2018 ATTACHMENT A WEEKLY IRRIGATION REPORT City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT A WEEKLY IRRIGATION REPORT ATTACHMENT A RFP NO. PWS 10-2018 WEEKLY IRRIGATION REPORT Date: Technician: Location: No. of Stations: Controller: No. of Programs START TIMES: 1 2 3 IRRIGATION DAYS (CIRCLE) S M T W TF S STATION NUMBERS (WITH EXPLANATION OF ANY PROBLEMS) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. CONTRACTOR IS RESPONSIBLE TO TURN IN WEEKLY IRRIGATION REPORTS TO THE PUBLIC WORKS SERVICE DEPARTMENT WEEKLY. FAILURE TO SUBMIT COMPLETED WEEKLY IRRIGATION REPORTS AS SPECIFIED SHALL RESULT IN A $200.00 REDUCTION IN THE MONTHLY INVOICE PER INCIDENT. Received By: Date: City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT A CONTROLLER LOCATIONS/TYPE ATTACHMENT B RFP NO. PWS 10-2018 ATTACHMENT B CONTROLLER LOCATIONS & TYPE City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT B CONTROLLER LOCATIONS/TYPE ATTACHMENT B RFP NO. PWS 10-2018 CONTROLLER LOCATIONS & TYPE Note: All battery operator irrigation controllers listed require 9V batter replacement as specified CONTROLLER NO. & LOCATION TYPE Parks 53. Bicentennial Park (west side of the park behind the gate) CalsenseET2000 20. Bonita Park(east of the parking lot) CalsenseET2000 61. Camino Grove Park (south west corner) CalsenseET2000 06. Eisenhower Park (south side of restrooms) CalsenseET2000 07. Dog Park(southwest side of Eisenhower Park) CalsenseET1 55. Fairview Park (southwest side of Park) CalsenseET2000 67. Forest Park(southeast side of park) RainBird ESP-7 42. Newcastle Park (north side of Utility Building) CalsenseET2000 68. Orange Grove Park(east side of Plant Building) RC-12 Rainbird 24. Terra Verde Park (south side of Utility Building) CalsenseET2000 52. Tripolis Park(south side of park) CalsenseET2000 City Facilities 02. Police Department(northwest side of Complex) CalsenseET2000 14. Chamber of Commerce(southwest side of building) CalsenseET2000 03. City Hall (controller southwest corner lower City Hall) CalsenseET1 04. City Hall (controller on the east side of the Council Chambers) CalsenseET1 05. Community Center(northwest side of receiving area) CalsenseET2000 65. Fire Station 105 (north side of building) CalsenseET1 66. Fire Station 106 (2 controllers in storage bldg NE parking lot) RainBird ESP-10, RainBird RC-12 21. Fire Station 107 (west side of station) CalsenseET2000 32. Library East(south controller on south side of building) CalsenseET2000 33. Library West (north controller on south side of building) CalsenseET2000 51. Service Center(south side of wall at north entrance) CalsenseET2000 01. Civic Center Athletic Field (west side of building) CalsenseET2000 Maintenance Areas 80. Traffic"Y's"at Old Ranch Road and Coronado Drive Dig Battery Operated and Old Ranch Road &Victoria Drive (2 controllers) 81. Second Avenue and Sandra Avenue (north side of block wall) Leit Solar 20'feet west of Second Avenue 82. East side of Highland Oaks Dive north of Sycamore Drive Dig Battery Operated (Oleander planter area) 83. Baldwin Avenue and Naomi Avenue Dig Battery Operated 88. Landscaped corner of Michillinda Ave and Sunset Boulevard RainBird ESP-4 89. Landscaped median on Gateway north of Huntington Drive RainBird ESP-7 90. Parking District 1 RainBird ISC-8 09. Parking District 2 CalsenseET2000 91. Landscaped island at lower"Y"on Huntington Drive Leit Solar-4 92. Landscaped island at Upper"Y" on Colorado Boulevard Leit Solar-4 93. Landscaped islands at Chelsea Road and Colorado Street RainBird RCM-8B 96. Hampton Road at Falling Leaf Road Dig Battery Operated 97. Hampton Road at Baldwin Avenue Dig Battery Operated 75. Fountain Rose Planters (Huntington Dr. /Santa Anita Ave.) Liet Solar City of Arcadia Public Works Services Request for Proposal-Landscape Maintenance Services ATTACHMENT B CONTROLLER LOCATIONS/TYPE ATTACHMENT B RFP NO. PWS 10-2018 Medians-Baldwin Avenue 94. Baldwin Avenue and Foothill Boulevard (southwest corner) RainBird ESP-7 19. Baldwin Avenue and Harvard Drive(east side) CalsenseET2000 18. Gate 8 on Baldwin Avenue (north east side) CalsenseET2000 44. Arboretum (inside facility far north side) CalsenseET2000 45. Baldwin Avenue and Lemon Avenue (east side) CalsenseET2000 46. Baldwin Avenue and Woodruff(east side) CalsenseET2000 56. Baldwin Avenue Downtown (in median) CalsenseET2000 94. Baldwin Avenue N/O Freeways (S/W Corner @ Foothill) Rainbird ESP-7 Medians-Foothill Boulevard 39. 41 West Foothill Blvd (north side) CalsenseET2000 40. 515 West Foothill Blvd (north side)"Arbolada" CalsenseET2000 41. Foothill and "Whispering Oaks" (south side) CalsenseET2000 Medians-Las Tunas Avenue 57. Las Tunas"Holly" (in median) CalsenseET2000 58. Las Tunas"West" (in median) CalsenseET2000 15. 300 BLOCK (south side) "Longley" CalsenseET1 16. Live Oak and Las Tunas"Y" CalsenseET1 Medians-Huntington Drive 13. 560 W Huntington Dr(north side) "La Cadena" CalsenseET2000 11. 1030 W Huntington Dr(south side)"Sunset" CalsenseET2000 12. 760 W Huntington Dr(south side) "Golden West" CalsenseET2000 10. Huntington @ Michillinda (behind City monument) CalsenseET2000 Medians-Santa Anita Avenue 38. 1725 N Santa Anita (west side) "Sierra Madre" CalsenseET2000 37. Perkins and Santa Anita (east side) "Highland Oaks School" CalsenseET2000 36. 1311 N Santa Anita (west side) north of"Woodland" CalsenseET2000 35. South of Woodland (in median) "Sycamore" CalsenseET2000 60. 514 N Santa Anita (east side) "Newman" CalsenseET2000 59. Santa Anita @ "Santa Clara" (west side) CalsenseET2000 34. 512 S Santa Anita (east side) "El Dorado" CalsenseET2000 31. 1304 S Santa Anita (east side) "LeRoy" CalsenseET2000 30. 1564 S Santa Anita (east side) "Camino Real" CalsenseET2000 29. 1810 S Santa Anita (east side) "Lemon" CalsenseET2000 28. 2200 S Santa Anita (east side) "Longden" CalsenseET2000 27. Santa Anita @ 11 E Live Oak CalsenseET2000 Medians-Live Oak Avenue 26. 435 Live Oak(north side) CalsenseET2000 23. El Capitan (north side) CalsenseET2000 City of Arcadia Public Works Services Request for Proposal-Landscape Maintenance Services ATTACHMENT B CONTROLLER LOCATIONS/TYPE ATTACHMENT B RFP NO. PWS 10-2018 Downtown Area 48. First and Bonita (southwest corner) CalsenseET2000 47. 30 E Huntington (in median)-"1st" CalsenseET2000 49. 134 E Huntington (in median)-"2nd" CalsenseET2000 50. Huntington and Gateway(southeast corner) CalsenseET2000 43. Huntington east of Santa Clara (in median)"Morlan" CalsenseET2000 84. Second and Huntington (southwest corner) RainBird ESP-12C Transit Plaza Near Plaza Parking Structure to the west CalsenseET1 Medians—Colorado Boulevard 85. Colorado east of Michillinda Leit Solar-4 86. Colorado @ Michillinda (N/E corner) Dig Battery Operated Median—Peck Road 25. Peck Rd @ Clark St(N/E corner) CalsenseET2000 Water Facilities/ Reservoirs 64. Orange Grove (near south Slope) CalsenseET2000 70. Peck Rd (north side of Chemical Room) RainBird ESP-6 71. Camino Real Plant(behind south wall) RainBird ESP-4 17. Longden Plant and Well (in turn adjacent to well entrance) CalsenseET2000 72. Longley Plant(behind wall at corner of El Monte& Palm) Leit 4000-4 (Solar) 08. Hugo Reid Park&Well Site (adjacent to wall &well site) Calsense ET1 73. Chapman Well (inside on block wall) RainBird ESP-8 74. Chapman Plant(outside on east wall) Irritrol 76. Whispering Pines Pump Station (on wall behind building) RainBird ESP-4 63. Santa Anita Plant(near driveway entrance) CalsenseET2000 77. Canyon Plant Irritrol IBOC-6 62. Upper Canyon Reservoir(on electrical cabinet top of hill) CalsenseET2000 54. St Joseph Plant(adjacent to front gate) CalsenseET2000 78. Baldwin Well (backyard, north side of garage) RainBird ESP-8 79. Live Oak Facility (north wall, south storage lot) RainBird ESP-6 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT B MAINTENANCE DEFICIENCY REPORT ATTACHMENT C RFP NO. PWS 10-2018 ATTACHMENT C MAINTENANCE DEFICIENCY REPORT City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT C MAINTENANCE DEFICIENCY REPORT ATTACHMENT C RFP NO. PWS 10-2018 CITY OF ARCADIA PUBLIC WORKS SERVICES DEPARTMENT LANDSCAPE MAINTENANCE DEFICIENCY REPORT DATE: LOCATION: Deficiency item(s) must be corrected within 48 hours ACCEPTED Pass Fail COMMENTS: Litter Control TURF CONDITION Mowing Edging • Weed Free • Disease Free Rodent Free IRRIGATION SOIL CONDITIONS Turf _Ground Cover Shrubs Trees TREES/SHRUB CARE Pruning Insect Control Disease Control Trimming PLANTER BED MAINTENANCE Debris Free Weed Free Cultivated Rodent Free Walkways Clean Deductions in Monthly Statement (If any): City Signature: Notification Sent Via: ( ) E-mail ( ) Fax ( ) Mail City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT C OLEANDER & TALL BRUSH LOCATIONS ATTACHMENT D RFP NO. PWS 10-2018 ATTACHMENT D OLEANDER & TALL BRUSH LOCATIONS City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT D OLEANDER & TALL BRUSH LOCATIONS ATTACHMENT D RFP NO. PWS 10-2018 Oleander, Xylosma and hedge locations require tri-annually trimming and topping (March, July, and November). Weed control and abatement and cleanup of trash and debris shall be performed bi-monthly. Clearing and/or removal of dead plants, bushes, and trees shall be performed once per month. SCHEDULE I - FACILITIES Civic Center Trim Xylosma on the east side of the athletic field (300'). Shrubs shall be maintained at a max height of ten feet (10'). Library Trim shrubs along the chain link fencing near the southwest end of the building. Service Center Trim Creeping Fig along northerly and westerly perimeter block wall. SCHEDULE II — MEDIANS & PARKWAYS Colorado Street from Michillinda Avenue to Princeton Road Trim Oleanders on the south side of the street, and edge the ivy (5,208'). Colorado Street from Princeton Road to Harvard Drive Trim both sides of the Oleanders on the south side of the street (500'). Foothill Boulevard from Arbolada Drive to Baldwin Avenue Trim both sides of the Oleanders on the north side of the street (1,587') Foothill Boulevard from Rodeo Road to Tindalo Road Trim both sides of the Oleanders on the south side of the street (1,058'). Foothill Boulevard from Don Diablo Drive to Michillinda Avenue Trim the Foothill Boulevard side of the Oleanders on the north side of the street (2,643'). Baldwin Avenue from Orange Grove Avenue to Hampton Road Trim both sides of the Xylosma on the west side of the street (1,058'). Baldwin Avenue from Colorado Street to Oxford Drive Trim the Oleanders on the east side of Baldwin Avenue (150'). City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT D OLEANDER & TALL BRUSH LOCATIONS ATTACHMENT D RFP NO. PWS 10-2018 SCHEDULE III - PARKS Forest Avenue Park Trim Oleanders at the end of the cul-de-sac and on the Santa Anita Avenue side (100'). Eisenhower Park Trim the oleanders in the north parking lot area that are encroaching into the parking lot and private property (100'). SCHEDULE IV—WATER FACILITIES Canyon Plant Trim Oleanders and other tall shrubs along driveway. Upper Canyon Plant Trim Oleanders along both sides of the driveway. Live Oak Facility Trim Oleanders at the most southerly end of the facility (storage area). The oleanders along the south perimeter shall be maintained at max height of three feet (3'). Baldwin Reservoir Trim Oleanders and other tall shrubs along the north and west perimeter block wall fencing. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT D DOWNTOWN & PARKING DISTRICTS ATTACHMENT E RFP NO. PWS 10-2018 ATTACHMENT E DOWNTOWN STREETSCAPE / PARKING DISTRICTS 1 & 2 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACH M ENT E DOWNTOWN & PARKING DISTRICTS ATTACHMENT E RFP NO. PWS 10-2018 SCHEDULE V— DOWNTOWN STREETSCAPE / PARKING DISTRICTS 1 & 2 Maintenance Manual The following guidelines are provided to assist the landscape maintenance contractor in maintaining the landscaped portions of Downtown Arcadia and Parking Districts 1 & 2. This area covers Huntington Drive east of Santa Clara Street to Fifth Avenue, First Avenue from Wheeler Avenue to California Street, Santa Anita Avenue between Huntington Drive & the 210 Freeway, Baldwin Avenue between Duarte Road and Naomi Avenue, and the two public parking lots north of Huntington Drive. The purpose of these guidelines is: 1) To enhance and encourage the proper growth of the installed trees and shrubs to maximize the natural beauty of the plants and to attain certain aesthetic ideals and goals established in the overall design for the project. 2) To promote long life for the shrubs and trees through appropriate pruning techniques, cultivation, fertilizing, weeding, and replacement when necessary. 3) To magnify the quality and character of the landscaped portions of the project in keeping with ongoing maintenance of other elements such as lighting, street furniture, and hardscape features. As the projects mature it should do so gracefully and with added character and charm created by well-maintained plantings. In applying the maintenance guidelines, all city contract workers involved should be informed as to unacceptable and undesirable approaches to maintenance. This applies particularly to pruning of trees, shrubs, and cultivation of beds. Unlike earlier design approaches and maintenance philosophies, trees and shrubs should not be held back at a severely maintained and overly pruned state in order to keep "on top" or "ahead" of the job. In most cases trees and shrubs should have a loose and natural appearance. Except for certain hedges (boxwood, myrtle, etc.) planted in distinct linear masses, most shrubs should never be flat topped or made into spheres, boxes, or topiaries. They should be carefully thinned and reduced in size by randomly removing wayward shoots and runners. It may be best to thin out or lightly lace some large shrubs instead of shearing them. Whenever a groundcover or perennial mass becomes overly crowded and begins to decline it should be lifted, divided, and either replanted or replaced with similar new plants. Almost every plant used in the project is relatively long lived; however, they may need to be replaced during the term of this agreement. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT E DOWNTOWN & PARKING DISTRICTS ATTACHMENT E RFP NO. PWS 10-2018 Some annuals and perennials planted in pots will need replacement bi-annually or more often. The pots are crucial to providing color, visual interest and variety to the project. It is important to maintain these and use them as points of beauty. In some cases, adjacent merchants may want to "adopt" the pots and be willing to plant and water them. The City should encourage merchants to install additional pots, window boxes, and upgrades to private property as an extension of this project. Trees A bi-monthly inspection of all trees in the Downtown Arcadia and Parking District 1 and 2 areas will be conducted for traffic visibility, pedestrian obstructions, and merchant sign obstructions. All required trimming must be completed within one week of inspection. Shrubs Hedges: All planters where boxwood, myrtle or hollies are called out in long, linear masses should, in most cases, be treated as hedges. Accentuating the architecture of the area, these hedges should be flat topped and squared on the sides no more than 36" in height. The tall existing oleanders at the northwest corner of Fifth Avenue and Huntington Drive should be kept to an 8' height and shaped. Note: No other shrubs in this project area should be severely flattened, shaped into spheres or hedged. The overriding philosophy should be one of a naturalistic, relaxed appearance with only thinning and reducing sizes without shearing. All camellias, arbutus, pittosporum, pyracantha, freestanding hollies, spiraea, santolina, cistus, and rosemary should be loose and naturalistic in appearance. Camellias demand an acid soil, mulching will help and also protect the roots from the heat. Accent/Perennial Borders: Where daylilies (hemerocallis), lavender, euryops and shrub roses are used as foreground masses, these should be allowed to grow together and not separated or pruned individually. Pots: The freestanding pots are planted with some long-lived shrubs and some perennial plantings. As these eventually overgrow their containers and become rootbound, we recommend a yearly review and replacement program. If some plants are not responding to watering, fertilizers, and pruning, then a replacement should be considered. Some perennials, such as daylilies, agapanthus, star jasmine, and others thrive on crowded conditions if adequate water is available. The pots with ivy geraniums may be attractive for 18 months to 2 years and then need replacement. The City or merchants may opt to replant the pots more frequently with seasonal plantings (poinsettias for Christmas, bulbs City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACH M ENT E DOWNTOWN & PARKING DISTRICTS ATTACHMENT E RFP NO. PWS 10-2018 for Spring, Iceland poppies for winter). Whenever a major replanting occurs, it is recommended that the planting soil be replaced with potting soil mixture. Check drainage and irrigation emitters sealed joints and sleeves should not leak or allow water to stain the sidewalks. Cultivation/Weed Control: All the major planter beds should be periodically cultivated so as to remove weeds and aerate the soil. This should be done minimally once every two months. As the bark mulch top dressing is incorporated into the soil, it should be replaced with new soil so as to control weeds and retain soil moisture. "Ronstar" or other herbicides can be used to control larger weed problems. Irrigation: • Water by properly setting and adjusting, as climate dictates, the automatic timers. • Hand water pots and areas needing extra water. Modify schedule according to climate. Quick couplers are available for manual watering. No washing down paved surfaces unless it's approved by Streets Superintendent or designee. • Monitor and test irrigation system for proper coverage and necessary repairs weekly as needed. Trash Cans: All trash cans shall be inspected daily and emptied if needed. All trash bags shall be provided by contractor and replaced when emptied. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT E IRRIGRATION REPAIR NOTIFICATION ATTACHMENT F RFP NO. PWS 10-2018 ATTACHMENT F IRRIGATION SYSTEMS REPAIR NOTIFICATION FORM City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACH M ENT F IRRIGRATION REPAIR NOTIFICATION ATTACHMENT F RFP NO. PWS 10-2018 CITY OF ARCADIA PUBLIC WORKS SERVICES DEPARTMENT Irrigation Systems Repair Notification Form Notification No: Notification Date: Repair Due Date: To: Company: Notification Sent Via: Hand-delivery ( ) Fax( ) E-mail ( ) Location of Required Repair Work: Description of Required Repair Work Priority Level ( ) Repair or replace dysfunctional control valve(s) Description of Priority Level ( ) Repair, replace, or adjust dysfunctional irrigation head(s) 1= Immediate response required. ( ) Check irrigation control clock tinning and settings 2= Repair services to occur within 4 hrs. ( ) Repair broken main or lateral irrigation line(s) 3= Repair services to occur within 24 hrs. ( ) Check overall condition and status of irrigation system Contractor is required to sign and date this notification form and return to the City representative upon completion of the above described repair work. Contractor's Signature: Repair work completion date: FOR OFFICIAL USE ONLY Date Received: / / Signature: Comments: City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT F CIVIC CENTER ATHLETIC FIELD ATTACHMENT G REQUIREMENTS RFP NO. PWS 10-2018 ATTACHMENT G CIVIC CENTER ATHLETIC FIELD TURF MAINTENANCE REQUIREMENTS City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT G CIVIC CENTER ATHLETIC FIELD ATTACHMENT G REQUIREMENTS RFP NO. PWS 10-2018 Routine Maintenance Field Turf surface has been designed and approved for the activity of soccer, synthetic turf shall be kept free from glass, cigarettes, fireworks, sharp objects, debris, leaves, paper, and windblown material. Debris Removal Windblown debris shall be removed from the surface as quickly as possible using a lawn sweeper such as the Hydraulic Parker Field Turf Sweeper (City provided). This sweeper shall be pulled by a conventional lawn tractor or ATV (contractor supplied) equipped with pneumatic turf tires. The sweeper is equipped with a hopper and screen specifically designed to capture debris and to allow the removed infill material to filter back. Hopper should be inspected and cleaned as needed to ensure that the screen is not clogged. Any costs associated with the repair or replacement of the sweeper shall be the responsibility of the contractor. Frequency: 260 times per year Brushing and Grooming Grooming of the synthetic field shall be done using the HDT-17 drag brush (provided by the City). This drag brush and groomer is designed for rapid maintenance to straighten the flattened exposed fibers and to loosen the top portion of the infield. Brushing direction shall be between the panels from sideline to sideline (white lines). This brush shall be pulled by a conventional turf tractor of ATV equipped with pneumatic turf tires (contractor provided). Any costs associated with repair or replacement of the HDT-17 shall be the responsibility of the contractor. Frequency: 52 times per year Infill Grooming Infill grooming shall be done to maintain optimum performance and appearance of the field(s). Infill grooming shall be done using the RT groomer or equivalent. Rake shall be dragged in two directions at right angles at each other. Frequency: 12 times per year Removal of Weeds and Moss It is important to prevent weeds and moss from growing on the synthetic turf as it can affect the playability of the surface. If weeds/moss were to interface between the synthetic grass and the perimeter concrete curbing they are to be pulled manually by using a 3 prong tool. Only in specific cases were the growth of weeds/moss is too much to be able to handle by hand, the use of a biodegradable weed killer shall be permitted with previous authorization from the Director of Public Works Services or his representative. Frequency: As needed City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT G CIVIC CENTER ATHLETIC FIELD ATTACHMENT G REQUIREMENTS RFP NO. PWS 10-2018 Removal of Stains/Gum Oil stains: A biodegradable detergent (Field turf scrub detergent or equivalent) shall be used to safely remove oil stains from all synthetic turf areas. Frequency: As needed Bodily Fluids (blood, vomit, etc.): A biodegradable scrub cleaner and conditioner (Field turf scrub cleaner and conditioner or equivalent) shall be used to remove bodily fluids from all synthetic surfaces, failure from the contractor to keep areas safe and clean shall find the contractor in breach of specifications and non-compliance and the liability for any propagation of disease shall be solely the contractors responsibility. Frequency: As needed Gum Remover: Gum shall be removed using an effective biodegradable solvent (Field turf gum remover or equivalent) formulated for removing gum, tar, and adhesives. Frequency: As needed Infill Maintenance Routine grooming of the field will ensure that the infill is uniformly distributed over the entire field surface. Intensive use of certain areas (corners, midfield, penalty area) will cause the material to shift or be displaced. The contractor shall pay special attention to these areas and that uniformity of the infill as adequate by following these steps: 1. Fibers shall be agitated to expose them in the areas requiring infill using a medium stiff bristle brush. 2. Brush the infill into the grass by lightly agitating the fibers again using a medium stiff bristle brush. 3. The top of the infill shall be at a level of 3/" below the tips of the exposed grass fibers, gently agitate the area to assure that the infill settles below the exposed tips of the grass fibers. Frequency: As needed Infill Materials Rubber crumb materials shall be replenished to bring the materials needs to manufacturer's specifications. Rubber crumb material shall be provided by the City. Contractor shall provide a schedule as to when the task will take place. Consideration shall be given to user groups as to not to disturb their usage. Frequency: 2 times per year City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT G CIVIC CENTER ATHLETIC FIELD ATTACHMENT G REQUIREMENTS RFP NO. PWS 10-2018 Static Control Synthetic turf static control shall be done per manufacturer recommendation. Static electricity is most likely to build under dry and warm atmospheric conditions. Excessive static will cause the black rubber infill particles to cling to the top of the exposed grass fibers thus making the field surface appear darker. Contractor shall control the static buildup by applying a water mist over the affected area. This method will allow the rubber particles to immediately drop off form the exposed grass fibers. In the event that this practice was ineffective, the contractor shall apply a product that is biodegradable and is engineered for the control of static electricity in synthetic fields (Field turf static control or equivalent). Bleaching agents shall not be used on synthetic fields. Frequency: As needed Seam Repairs Seam repairs shall be done per manufacturer recommendation. The contractor shall be responsible for inspecting the fields and reporting back to the City. The contractor shall be responsible for securing the area(s) until the repairs have been made and it's deeming that the fields are safe for use. Failure to secure the area(s) or report the need for repairs will be considered an act of neglect and the contractor shall be responsible for any injuries and or claims that might arise. Frequency: As needed Mister Towers Contractor shall be responsible for inspecting the "Most Dependable Mister Towers" daily during the months of April through October and weekly during the months of November to March. Contractor shall be responsible for the operation of the mister towers at all times, any repairs or replacements costs are to be borne by the contractor. In the event of vandalism to the towers, contractor shall report as per specifications. Frequency: April through October Daily; November to March Weekly City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT G TRANSIT PLAZA ATTACHMENT H RFP NO. PWS 10-2018 ATTACHMENT H TRANSIT PLAZA City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT H TRANSIT PLAZA ATTACHMENT H RFP NO. PWS 10-2018 The Gold Line Transit Plaza is a triangular lot roughly 0.43 Acre in size, with Santa Clara Street to the south, the Gold Line tracks to the north, and a 300 space parking structure to the west. Tree & Shrub Maintenance The contractor shall be responsible for the maintenance and upkeep of shrubs and trees planted in designated areas at the Transit Plaza. There are three Pear trees, one Deodar tree, and three Engelmann Oak trees spaced throughout the plaza with planter areas filled with various drought tolerant plants like Lavender, Rosemary, Boxwood Hedges, Pacific Dune Sedge, and Lilac. Established trees shall be lifted and suckers removed once a year in November. The Contractor is responsible for raising the skirt of all trees (no height restriction) located in the landscaped maintenance areas as directed by the Streets Superintendent or designee. Low branches shall be raised to prevent obstruction of pedestrian walkways, lighting fixtures, and structures. All trimmings shall be removed from the site and recycled with other green waste generated during routine maintenance operations. Parking Lots and Tree Wells Contractor shall be responsible for the removal of all trash, dirt, weeds, and debris in tree wells. Trash Cans Emptied and Replacement Trash cans at the Transit Plaza shall be emptied and replacement bags installed daily. Failure to comply may result in a $100.00 reduction in the monthly statement, per incident. Trash bags will be supplied by the contractor and shall be commercial grade. The City will supply the trash cans. All trash cans must be maintained in good condition and removed and replaced when needed. Facility Equipment &Special Features Benches and/ seating areas shall be wiped down daily, power washed when requested, and/or kept clean as directed by the Streets Superintendent or designee. Any hazardous conditions and/or damages to equipment, the stage, or clock tower at the facility shall be reported to the Streets Superintendent or Public Works Services Department immediately. Graffiti All graffiti at the Transit Plaza shall be reported to the Streets Superintendent or Public Works Services Department immediately. Drinking Fountains Drinking fountain shall be cleaned daily. If a drinking fountain appears damaged or clogged, it shall be reported to the Streets Superintendent or Public Works Services Deaprtment immediately. City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT H FREEWAY ON/OFF RAMPS ATTACHMENT I RFP NO. PWS 10-2018 ATTACHMENT I 210 FREEWAY ON/OFF RAMPS City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT I FREEWAY ON/OFF RAMPS ATTACHMENT I RFP NO. PWS 10-2018 It is the responsibility of the landscape maintenance contractor to remove weeds, trash, signs, debris, etc., report graffiti and damaged signs on the freeway on and off ramps in the landscaped portion of the freeway ramps. Irrigation, shrubs, and trees is the responsibility of the California Transportation Department (Caltrans). City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT I M A R 1 p O S A L A N D S C A P E S 1 N C ' [ 6,4"...::•;-",;^4....iiMO::. e,L,7' ii! '-',ip .; A ----4, , ,...... _. _.ugust 5,14x3 . 4 \,,,e4iii,-71.11,!•••,, ,,,00' CITY OF ARCADIA REQUEST FOR PROPOSAL LANDSCAPE MAINTENANCE SERVICES Due: Thursday October 4, 2018 at 3:00 pm i„ (r--....) FED V 4fiiTEL 800. 794 . 9458 Fax 626 .960. 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST.,IRWINDALE,CA 91702 • CA CONTRACTOR'S LIC#592268 A,C-27,D-49 Our Core Values—Safety • Teamwork • Quality • Integrity 0 S l A N D S C A P E S I N C October 4,2018 City of Arcadia Public Works Services Department 11800 Goldring Road P.O.Box 60021 Arcadia,CA 91066 RE:Request for Proposal for Annual Landscape Maintenance Services Thank you for the opportunity to submit our proposal for the City of Arcadia.Mariposa currently maintains the City of Arcadia and is looking forward to continuing that relationship. In addition,the owner of our company is a resident of the City of Arcadia and has the best interest in the well-being of the community and its appearance. For over 40 years,we have been in business providing similar services for other Counties and Cities. Our area of operation is the entire Southern California area where we maintain numerous cities, counties,municipalities,government agencies,and private entities. We believe the depth of knowledge and level of experience being brought to the City of Arcadia by our team is unmatched by our competitors.Pest Control Advisor,Certified Irrigators,Certified Landscape Techs and Certified Arborists are found throughout our field employee teams. Mariposa has recently established a partnership with Weathermatic Smartlink, utilizing the latest technology available in the industry for intelligent water management. Weathermatic has worked with hundreds of public agencies,to take advantage of the rebate program available from the Metropolitan Water District.As long as the current CalSense, Rainbird,or other "smart"controllers were not acquired by the City using MWD rebate dollars.Mariposa is confident we can replace all controllers with 2019 technology,at no cost to Arcadia.This represents a value in excess of$170,000 for the equipment alone. We look forward to discussing this further in the RFP process and believe that our capabilities to perform this contract are superior to all other competing submissions. Respectfully submitted, c)-A-VA JVC),..A_C—qt Terry Noriega,President CA CONTRACTOR'S LIC#592268 A,C-27,D-49 www.mariposa-ca.com 6232 Santos Diaz Street,Irwindale,CA 91702 •TEL 800.794.9458 •FAX 626.960.8477 Our Core Values-Safety• Teamwork• Quality• Integrity Page 1 41 TABLE OF CONTENTS COVER LETTER 1 RESUMES AND QUALIFICATIONS OF PERSONNEL 3 A. KEY PERSONNEL RESUMES 3 B. REFERENCES $ COST PROPOSAL 10 INSURANCE COVERAGE 11 REQUIRED PEST CONTROL APPLICATOR'S LICENSE 12 REQUIRED CERTIFIED PLAYGROUND EQUIPMENT INSPECTOR 12 REQUIRED CERTIFIED ARBORIST 12 ATTACHMENT L 13 LANDSCAPE MAINTENANCE SCHEDULE 14 Our Core Values—Safety • Teamwork • Quality •Integrity Page 12 �*s RESUMES AND QUALIFICATIONS OF PERSONNEL Personnel Staffing Plan Mariposa has experienced dedicated professionals who make up the management and supervisory personnel.All employees receive ongoing training through a detailed training program.The combination of qualified dedicated management and well trained workers enables us to provide professional levels of landscape installation and maintenance.The following list reflects the key personnel to be assigned to the City of Arcadia upon award of contract. A, KEY PERSONNEL RESUMES Tony Valenzuela Account Manager P.(626)960-0397 Ext.313 C.(626) 252-4210 E.TonyNalenzuela@mariposa-ca.com » sr -... , Tony Valenzuela will be the person in-charge responsible for project management,communication with foreman, maintenance crew and primary contact with the City of Arcadia He has over 10 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. Tony is responsible for all aspects of project management; emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Certifications: • Qualified Applicator License: Category B,C • Certified Landscape Technician • Ornamental Maintenance • Certified Playground Safety Inspector (Certification renewal is in process and will be in place by start of new contract) • Irrigation Troubleshooting • Certified Landscape Professional(in progress) • Smart Water Manager • Qualified Water Efficient Landscaper Our Core Values--Safety • Teamwork • Quality • Integrity Page 13 Foremen: Jose Pena — 25 years'experience in all aspects of maintenance operations Edgar Salinas—12 years' experience in all aspects of maintenance operations Pablo Barajas—3 years'experience in all aspects of maintenance operations Irrigation Technician Asuncion Casillas—20 years'experience in all aspects of maintenance operations Irrigation Technician Assistant Will have a minimum of 5 years'experience in all aspects of maintenance operations To be assigned upon award of contract Laborers Jonathan Martinez, Pedro Ramos,Gerald Galindo, Fernando Sanchez, Ismael Sanchez & Edgar Montanez. All laborers have a minimum of 5 years of experience in the landscape industry *Crew size and schedule is contingent and may change upon contract signing;however, assigned employees will be of comparable experience Staffing may vary depending on seasonal needs Terry Noriega -President o 40 years of experience in landscape installation and maintenance o B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona o California Contractors License: • C-27—Landscaping • A—Engineering • C61/D49—Tree Trimming o Pest Control Advisor: • Insects, Mites and Other Invertebrates • Plant Pathogens • Nematodes • Vertebrate Pests • Weed Control • Plant Growth Regulators o Qualified Applicator License: Categories A, B,C, D, E, F, H Our Core Values—Safety • Teamwork• Quality• Integrity Page 14 4443 o Certified Landscape Technician: • Ornamental Maintenance • Turf Maintenance • Certified Arborist: International Society of Arboriculture:#WE-1182A • Certified Consulting Arborist(candidate):American Society of Consulting Arborists o Certified Playground Safety Inspector o Arizona Contractors License: ROC178088 K-21 o Arizona,Qualifying Party License: #8263 o Arizona Pest Control Business License: #8246 Antonio Vatenzuela—Vice President of Operations o 25 years of experience in landscape maintenance, and irrigation troubleshooting o Qualified Applicator Certificate: Category B, C, F o Certified Landscape Technician: • Ornamental Maintenance • Turf Maintenance o Backflow Certification in Los Angeles County o Landscape Water Auditor:Cal Poly SLO o Certified Landscape Professional o Certified Playground Safety Inspector Dennis Jones—Tree Care Regional Division Manager—Southern California o 16 years of experience in arbor care o B.S. Degree in Urban Forestry,Cal Poly San Luis Obispo o International Society of Arboriculture (ISA): Certified Arborist:#WE-5700A o TCIA Certified Tree Safety Professional (CTSP): #843 o Qualified Applicators License (QAL): #108771 Categories B, C, F o ISA Qualified Tree Risk Assessment o Wildlife Protector Certification o Notary Public Gulliver Erickson—Tree Care Account Manager o 28 years of experience in arbor care o International Society of Arboriculture (ISA):Certified Arborist:WE 10288A o Tree Care Industry Association (TCIA)Certified Tree Care Safety Professional (CTSP):#01528 o Thousands of hours completed in Arboriculture Training in Australia Our Core Values—Safety • Teamwork• Quality• Integrity Page I 5 STAFFING PLAN This plan indicates the number of employees,their job titles,their responsibilities for the contract work and who would be assigned to perform the contract work. Number of Employees Job Titles Description of Work Mowing 2 Laborers The laborers assigned to this task will be responsible for all routine mowing of all turf, Including,operating mowers and edging. 1 Foremen The foreperson will be responsible for carrying out the weekly mow schedule, This includes,operating equipment,supervising workers,documenting and communicating work reports and hazardous conditions.This person will be in direct contact with the Mariposa's Account Manager. Shrub&Ground Cover Pruning 4 Laborers The laborers assigned to this task will be responsible for all routine pruning tasks.Including,all pruning of shrubs,vines,ground cover,edging ground cover. 2 Foremen The forepersons will be responsible for carrying out the weekly schedule. 1- Crew of 4 for the Medians,City Hall,Senior Center&Library. 1-Crew of 2 for the Parks,Wells&Fire Stations.This includes documenting and communicating work reports and hazardous conditions.They will be in direct contact with the Mariposa's Account Mgr.and the city inspector.Both will work with the crews. Daily Tasks 1 Foremen Responsible for daily trash pickup,checking play lots.The foreperson will be responsible for carrying out the weekly schedule.This includes documenting and communicating work reports and hazardous conditions.They will be in direct contact with the Mariposa's Account Mgr.and the city inspector. Weekend Tasks 2 Laborers Weekend trash pickup, restroom cleaning and daily tasks Irrigation 1 Irrigation Will be responsible for all irrigation repairs, monitoring and report writing as Technician needed.They will report directly to the Mariposa Account Manager and the city inspector 1 Irrigation The assistant will help the full time Irrigation Technician as needed Assistant Chemical Applicator 1 Chemical Will be responsible for all spraying of pre and post emergent,insecticides as Applicator needed,broadleaf control and all other spraying tasks.They will report directly to the Mariposa's Account Mgr.and the city inspector. Seasonal Tasks 1 Foremen Will perform all extra seasonal tasks including:turf aerations,fertilizations, mulching planters. 2 Laborers Responsible for ensuring that all these tasks are performed.Will work with the Seasonal Crew. Account Manager 1 Account Handles all project management,including overseeing all Mariposa's Manager personnel working in the city and will be the first direct contact with the city. Our Core Values—Safety • Teamwork• Quality • Integrity Page6 444 VEHICLES,EQUIPMENT List of the vehicles,equipment that will be used to perform the contract work: Regular: Periodic: 1—' Ton ext.cab truck 1—200 Gallon tank sprayer 2—3 Ton Stake bed truck 1-Kubota tractor 2—Small pickups 1—48"John Deere core aerator 1—Trailer for mowers 3—Walk behind aerators 1—72"XMark mower PTO fertilizer spreader 1—60"XMark mower Drop fertilizer spreaders 1—21"Walk behind mower 1—%Ton ext.cab truck 2—Edgers 4—Blowers 4—Line trimmers 3—Hedge trimmers MATERIALS USED Fertilizers Pre-Emergent Post-Emergent Fungicides Trash Bags Mulch Rodent Control SUPERVISION Job titles,names,and experience of key employees responsible for planning,supervising and inspecting the contract work. Position Name Experience Contractor's Tony Valenzuela—Account Manager -Over 10 years in landscape maintenance Contract -California Landscape Technician—Maint.. Representative: -QAC—categories B&C -Irrigation Troubleshooting Certificate CPSI Certificate-Currently Renewing Foremen Edger Salinas Has 12 years of experience in all aspects of maintenance operations Foremen Jose Pena Has 25 years of experience in all aspects of maintenance operations Foremen Pablo Barajas Has 3 years of experience in all aspects of maintenance operations Irrigation Technician Asuncion Casillas Has 20 years of experience in irrigation repair/maintenance operations Irrigation Assistant To be determined upon award. Has a minimum 5 years of experience in all aspects of maintenance operations Jonathan Martinez,Pedro Ramos, All laborers have a minimum of 5 years' Laborers Gerald Galindo, Fernando Sanchez, experience in all aspects of landscape Ismael Sanchez&Edger Montanez maintenance. Our Core Values—Safety • Teamwork• Quality • Integrity Page 17 i3 B. REFERENCES Here at Mariposa Landscapes, Inc.we take pride in our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients. Below are four cities for which we provide landscape maintenance services.Additional references are available upon request. City of Newport Beach Address: 592 Superior Ave. Newport Beach,CA 92701 Contact: Dan Sereno Title: Landscape Manager Phone: (949) 644-3069 Email: dsereno@newportbeachca.gov Dates: 2016-Current Services: Landscape Maintenance—specialty/sport athletic area maintenance. Irrigation maintenance, Turf maintenance,Groundcover maintenance, shrub,vine and tree maintenance, Hardscape maintenance, Sand/wood chip area maintenance, City of Santa Ana District 4 Address: 20 Civic Center Plaza,Santa Ana,CA 92701 Contact: Mike Lopez Title: Landscape Contract Manager Phone: (714)231-6112 Email: mlopez5@santa-ana.org Dates:2014-Current Services: Full Landscape Maintenance and renovation requirements City of Tustin Address:300 Centennial Way,Tustin, CA 92780 Contact:Jim Sulli Title:Contract Manager Phone: (714)573-3360 Email:jsulli@tustinca.org Dates: 1989-Current Services: Landscape Maintenance City of Rancho Cucamonga Contact: Steve Relph Title:Supervisor Phone: (909)477-2730 x 4116 Email:steve.relph@cityofrc.us Dates: 1989-Current Services: Landscape Maintenance of Parkways, Medians, facilities and LMD's-Shrub,Groundcover, Vine, mulch and tree maintenance, Pest control and hardscape maintenance. Restroom, drinking fountains and Pipe chase maintenance Our Core Values—Safety • Teamwork• Quality •Integrity Page 18 41i1 Below are cities for which we provided landscape maintenance services in the past years. Additional references are available upon request. City of Palm Desert Address:73-510 Fred Waring Drive, Palm Desert,CA 92260 Contact: Randy Chavez Title: Landscape Supervisor Phone: (760)902-9064 Email: rchavez@cityofpalmdesert.org Services: Landscape Maintenance City of South Gate Address: 8650 California Avenue, South Gate, CA 90280 Contact: David Torres Title: Field Operations Manager Phone: (323) 563-5785 Email: dtorres@sogate.org Services: Landscape Maintenance Our Core Values—Safety • Teamwork• Quality • Integrity Page 19 COST PROPOSAL See Separate sealed envelope Our Core Values—Safety • Teamwork • Quality • Integrity Page 110 INSURANCE COVERAGE Mariposa Landscapes, Inc. has reviewed the City of Arcadia insurance requirements Section as referenced in the Sample Professional Agreement Attachment M and is able to provide verification of coverage upon award of contract. Terry Noriega, President v Our Core Values—Safety • Teamwork • Quality • Integrity Page 111 41:SC1 REQUIRED PEST CONTROL APPLICATOR'S LICENSE DEPARIMIXT Or MISTOOK RIEHRA110M ... 11CwtEed01CI*T1pAA11O*P OPAM .4 I �. A 1Nti• DElARTMBIT OF IEittpp H ItH6tMT0N QAL ( IJCIMHII4oPeERTKIf.'/RgRt'RD6RAM i•�^!•. ""•'' I �P� PCA ..1., ODALFIFD APnunroR t '•. %: LICENSE 11:103864 EXPIRES:1213112019 "O1p01A^'M��dT '�'"OEXPIRESinon T� Categories:ABCDEFH Issued: 1112018 LICENSE N:74416 EXPIRES:12131/20W CRtegorMs:ABCOECI Issued: Insole ' TERRY 15NORIEGA TERRY L NORIEGA 15520ARR lIWY i=BARROW HWY IRWINDALE,CA,01706 • IRWINDALE,CA.01708 Miailitiggiiil rN.;1 2111 WI>r... 49.s.............a..rs..._— ...:,..r..*i n•.•..._ .n.._......Fn....t.....1•.•••..... REQUIRED CERTIFIED PLAYGROUND EQUIPMENT INSPECTOR Iy ze tion and PA A,04 Le...w..uC -"4(� N.IIo. ReaeFtlon and Park AuadNlon This Is to utast that ANTONIO VALENZUELA ANTONIO VALENZUEIA IJ. me•®r-'• Certified Playground c«aHee n i r ime nsp.. Safety Inspector d ,.. tq.10\z sw1,tapacax m,. 4;.....7. 1.',"'"IgAtiro. 101031. REQUIRED CERTIFIED ARBORIST INTERNATIONAL SOCIETY OF ARBOFUCULT � tE CERTIFIED ARBORIST' INTERNATIONAL L 'OF ARBORICULTURE CERTIFIEDIFIEDARRORIST" Dennis M.Jones cnei.«hale Erickson N•+.....carh4=MAMA....a..s...vb. Adv.,L.r.Voe.. .4........r..II....M..dn.w...®n.,I.aa.....Ca. dwl dda lev.rmd Sark,ofA,eu...�.,�A� ds.S,.mad 83013.w.+.d..arACedede— ..Na..I..n...ul5mnd At-ea a1.. °,' 'n...J,.M,.ay pled r..ISA i..,!IA[�.iTA.'n.,• I,. ill .51,04a g111- .141 Marisa....,..,he ki..Yk.C'allf p " ;. 4,A..n,dl.d ll,d,.Inr i.o.1.dai,A.A.•I.w.,»I Ja.. ji k...,......4.4...44,....n ... . 1111...... a._....,.1......,_.._.4,....... 1111.1:. A Our Core Values—Safety • Teamwork • Quality • Integrity Page I12 41:e ATTACHMENT L Pest Control Applicators License Verification Our Core Values—Safety • Teamwork • Quality • Integrity Page 113 PEST CONTROL APPLICATORS LICENSE ATTACHMENT L RFP NO. PWS 10-2018 ATTACHMENT L PEST CONTROL APPLICATORS LICENSE VERIFICATION City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT L PEST CONTROL APPLICATORS LICENSE ATTACHMENT L RFP NO. PWS 10-2018 Required Pest Control Applicators License The Contractor, or a member of staff, must possess a current California Pest Control Applicators License. This license shall consist of either a Qualified Applicators Certificate, or a Pest Control Operators license, and shall be kept current and in good standing with the California Department of Pesticide Regulation during the entire period of this contract. In addition, the Contractor must obtain a pest control business license from the County Agricultural Commissioner's office, and must be registered in Los Angeles for work in Arcadia. Any lapse in said licenses and/or registration shall be considered a breach of contract and the City may take action to terminate the contract. Pest Control Applicators License#74416 Pest Control Applicators Name Terry L Noriega Print Pest Control Applicators Signature G—C}.-1 ---&-n, Categories applicator possesses ABCDEG List of chemicals, herbicides, and pesticides proposed for use under this contract. Attach a separate sheet if more space is required. Name Use Glyphosate Post emergent Sedge Hammer Nutsedge Surflan Pre-Emergent Gopher Getter Gopher Control Fumitoxin Gopher Control Required Pest Control Business License from the County Agricultural Commissioner's Office License#for use in Arcadia 30977 Registration No. 9000107 Contact Person with County Agricultural Commissioner/Director of Weights and Measures My of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT L 41Cle LANDSCAPE MAINTENANCE SCHEDULE Our Core Values-Safety • Teamwork • Quality • Integrity Page 114 V V iil 11F 6 3 3 E 5 3 i ti ! $ l a lx •x1 In NI i■....■■ MINIM ..■■■■...■.n. 111.11.. 4®. rr■■..r...........■ xe 3®®. . 3.®. .....i............. li , a r .iii © ...................i NUMMI EIMMONOINIONISIBISININ i I /1111111 EIII1IIIIIIIIUhIIIIII 2 ©.■...11 .....■ir.ii.....r..r.■ 4 ®■.....1 ErMOWN1.■►!....r.....i r 3®• . 3©........1....1....... 3E .Ri.111 ►1111 i .. - .... 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M nz c Qa ,., M ry O. o N ryx CCT ; ; Q ; ; v ¢ Q i 4 c 0 o ^ d c s 'C' b h Cs o 2 o b , F Z c o 2 3 - o u o' a E @� E .o s a n Oi p° v c 4 O Cbz ¢ v .. c a ,, ° o tJ ¢ u` E z`_ « G a o O o E y o a o .-Q o s. .f c c a .o a. o b o u c U H c i, o C. - p+ o c a O co j Choi , w Q w ,,' U O U y w w ,, Cyz d y FA rn ID 4"' d W E • "- a. n . 4 °, c o " a o C ` 3 v o o y '" W a L. t - " a P a `, o U o_ 2 C a �C C7 . a, S � ti va c� , v a _ p o • C 2 a . PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 ATTACHMENT K PRICING PROPOSAL FORMS ,__/ U` City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 LANDSCAPE MAINTENANCE SERVICES Company: Mariposa Landscapes, Inc. PROPOSAL PRICING FORM COMPLETION INSTRUCTIONS The proposal pricing forms are divided into six schedules that depict specific types of services. Please review each section carefully and refer to the noted attachments before completing the forms. Each section must be completed correctly or the entire proposal may be rejected. The entered annual totals shall be for a 12-month service period only, starting February 2019 through January 2020. Use dollar signs and commas to indicate dollar values. By submittal of a proposal, the Contractor acknowledges they have carefully examined the locations of the proposed work, and have read and examined the Request for Proposal fully, including all terms, conditions, special provisions, specifications, attachments, and all addenda, if any. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete landscape maintenance services for the following bid schedules: NO. BID SCHEDULE AMOUNT PER MONTH ANNUAL COST FACILITIES $7,698.00 $92,376.00 II MEDIANS & PARKWAYS $14,118.00 $169,416.00 III CITY PARKS $11,604.00 $139,248.00 IV WATER FACILITIES $4,292.00 $51,504.00 DOWNTOWN AREA V PARKING DISTRICTS 1 &2 $5,085.00 TRANSIT PLAZA $61,020.00 VI FREEWAY ON/OFF RAMPS $781.00 $9,372.00 PROPOSED ANNUAL TOTAL FOR ALL SCHEDULES (I-VI): $522,936.00 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE I - FACILITIES NO. FACILITY AMOUNT PER MONTH ANNUAL COST Civic Center& Police Department** 1. 240&250 W. Huntington Drive $3,012.00 $36,144.00 Chamber of Commerce 2. $697.00 $8,364.00 388 W. Huntington Drive Community Center 3. $1,339.00 $16,068.00 375 Campus Drive Fire Station No, 105 4. $335.00 $4,020.00 710 S. Santa Anita Avenue Fire Station No. 106 5. $474.00 $5,688.00 630 S. Baldwin Avenue Library** 6. 20 W. Duarte Road $1,395.00 $16,740.00 Service Center** 7. 11800 Goldring Road $446.00 $5,352.00 (** Refer to ATTACHMENT D titled: OLEANDER&TALL BRUSH LOCATIONS) PROPOSED MONTHLY TOTAL FOR SCHEDULE I: $ 7,698.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE I: $ 92,376.00 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE II - MEDIANS & PARKWAYS AMOUNT PER NO. ITEM NAME MONTH ANNUAL COST 1. Median—Huntington Drive $2,678.00 $32,136.00 2. Median—Santa Anita Avenue $3,570.00 $42,840.00 3. Median—Live Oak Avenue $1,004.00 $12,048.00 4. Median—Las Tunas Drive $614.00 $7,368.00 5. Median—Baldwin Avenue" $2,176.00 $26,112.00 6. Median—Gateway Drive $167.00 $2,004.00 7. Median(s)— Peck Road $156.00 $1,872.00 8 Median(s)—Colorado Street at Michillinda Avenue" $156.00 $1,872.00 9. Median (Landscaped)—Foothill Boulevard'• $1,450.00 $17,400.00 10. Traffic Island—Old Ranch Road $139.00 $1,668.00 11. Traffic island—Lower"Y" (Huntington Drive) $139.00 $1,668.00 12 Traffic Island—Upper"Y" (Colorado St at Colorado Boulevard) $139.00 $1,668.00 13. Traffic Island—Hugo Reid Drive $139.00 $1,668.00 14. Traffic Island(s)—Second Avenue, South of Huntington Drive $173.00 $2,076.00 15 Landscaped Area—N/E Corner of Baldwin Avenue and Naomi Avenue $139.00 $1,668.00 16 Landscaped Area—Corner of Sunset Boulevard &Michillinda Boulevard $170.00 $2,040.00 17. Landscaped Island—Fallen Leaf Road and Glencoe Avenue $118.00 $1,416.00 Easement—North of Sycamore Avenue on 18. Highland Oaks Drive (Oleanders,Weed Control,Manual Watering) $195.00 $2,340.00 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE II -MEDIANS & PARKWAYS (Cont,) AMOUNT PER NO. FACILITY MONTH ANNUAL COST 19. Easement—Second Avenue and Sandra $195.00 $2,340.00 20. Baldwin Avenue— Downtown 2000 $223.00 $2,676.00 21. Chelsea Road at Colorado Street $139.00 $1,668.00 Landscaped Area—East&West side of 22. Baldwin Avenue(including well site) at $239.00 $2,868.00 Colorado Street ("'" Refer to ATTACHMENT D titled: OLEANDER &TALL BRUSH LOCATIONS) PROPOSED MONTHLY TOTAL FOR SCHEDULE II: $ 14,118.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE II: $ 169,416.00 r....._. . _ _. .. . City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE III - CITY PARKS AMOUNT PER NO. FACILITY MONTH ANNUAL COST 1. Bicentennial Park $558.00 $6,696.00 2. Bonita Park $1,004.00 $12,048.00 3. Camino Grove Park $446.00 $5,352.00 4. Eisenhower Park** $2,008.00 $24,096.00 5. Fairview Park $725.00 $8,700.00 6. Forest Avenue Mini Park" $446.00 $5,352.00 7. Hugo Reid Park $558.00 $6,696.00 8. New Castle Park $893.00 $10,716.00 9. Terra Verde Park $893.00 $10,716.00 10. Tripolis Friendship Park $893.00 $10,716.00 11. Wilderness Park $2,120.00 $25,440.00 • 12. Civic Center Athletic Field* $1,060.00 $12,720.00 (" Refer to ATTACHMENT G titled: CIVIC CENTER ATHLETIC FIELD MAINTENANCE REQUIREMENTS) (•" Refer to ATTACHMENT D titled: OLEANDER&TALL BRUSH LOCATIONS) PROPOSED MONTHLY TOTAL FOR SCHEDULE III: $ 11,604.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE III: $ 139,248.00 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHM ENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE IV -WATER FACILITIES AMOUNT PER NO. FACILITY MONTH ANNUAL COST 1. Peck Road Well#1 $201.00 $2,412.00 2. Longden Plant $201.00 $2,412.00 3. Camino Real Plant $201.00 $2,412.00 4. St.Joseph Plant $268.00 $3,216.00 5. Orange Grove Plant $262.00 $3,144.00 6. Longley Plant $212.00 $2,544.00 7. Rancho 6 $212.00 $2,544.00 8. Hugo Reid Well $179.00 $2,148.00 9. Chapman Well#7 $179.00 $2,148.00 10. Chapman Well#8 $179.00 $2,148.00 11. Baldwin Reservoir** $268.00 $3,216.00 12. Santa Anita Plant $268.00 $3,216.00 13. Canyon Plant** $312.00 $3,744.00 14. Upper Canyon Reservoir** $312.00 $3,744.00 15. Baldwin Plant $212.00 $2,544.00 16. 2828 S. Baldwin Avenue Facility $212.00 $2,544.00 17. Live Oak Facility** $335.00 $4,020.00 18 Torrey Pines Reservoir and Whispering Pines Pump Station $279.00 $3,348.00 (" Refer to ATTACHMENT D titled: OLEANDER&TALL BRUSH LOCATIONS) PROPOSED MONTHLY TOTAL FOR SCHEDULE IV: $ 4,292.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE IV: $ 51,504.00 City of Arcadia Public Works Services Request for Proposal-Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 SCHEDULE V - DOWNTOWN I PARKING DISTRICTS 1 & 2 / TRANSIT PLAZA AMOUNT PER NO. FACILITY MONTH ANNUAL COST 1. Downtown 2000 $2,678.00 $32,136.00 2. Parking District#1 * $781.00 $9,372.00 3. Parking District#2" $678.00 $8,136.00 4. Transit Plaza"" $948.00 $11,376.00 (* Refer to ATTACHMENT E titled: DOWNTOWN AREA STREETSCAPE) (" Refer to ATTACHMENT H titled: TRANSIT PLAZA) PROPOSED MONTHLY TOTAL FOR SCHEDULE V: $ 5,085.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE V: $ 61,020.00 SCHEDULE VI - 210 FREEWAY ON & OFF RAMPS * AMOUNT PER NO. LOCATION MONTH ANNUAL COST 1. Baldwin Avenue $279.00 $3,348.00 2. Santa Anita Avenue $279.00 $3,348.00 3. Michillinda Avenue $223.00 $2,676.00 (" Refer to ATTACHMENT I titled: 210 FREEWAY RAMPS) PROPOSED MONTHLY TOTAL FOR SCHEDULE VI: $ 781.00 PROPOSED ANNUAL TOTAL FOR SCHEDULE VI: $ 9,372.00 SPECIAL PROJECTS /EXTRAORDINARY WORK City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K PROPOSAL PRICING FORMS ATTACHMENT K RFP NO. PWS 10-2018 LABOR & EQUIPMENT RATE To be paid on a time and materials basis. Total cost, in writing, per project will be required before authorization of work in this category. Payment will be accepted when work is completed to the satisfaction of the City. LABOR COST PER HOUR Foreman/Crew Leader $50.00 Worker/Laborer $40.00 Irrigation Specialist $55.00 EQUIPMENT COST PER HOUR Pickup Truck $18.00 Flatbed Truck $23.00 Front Loader $80.00 Truck with Pesticide Sprayer $35.00 RENOVATION WORK TURF RENOVATION COST PER SQUARE FOOT (to include labor and materials) Sod $2.00 Over Seeding (Annual Rye Seed) $0.40 Over Seeding(Fescue Seed) $1.00 HARDSCAPE INSTALLATION UNIT COST PER UNIT Finished Concrete Per 100 sq ft. $1,200.00 Stamped Concrete Per 100 sq ft. $1,500.00 Stamped Concrete(Colored) Per 100 sq ft. $2,000.00 River Rock Pattern Per sq ft. $10.00 Brick Per 100 sq ft. $300.00 OTHER ITEMS UNIT COST PER UNIT COST Stump Grinding Per inch $15.00 Tree Removal Only Per inch $30.00 Tree&Stump Removal Per inch $40.00 Application of Pesticide Per sq ft. $0.50 Application of Herbicide Per sq ft. $0.45 Aeration, filling holes with sand& Per hour seeding turf areas, including cleanup $125.00 City of Arcadia Public Works Services Request for Proposal—Landscape Maintenance Services ATTACHMENT K Executed in Triplicate(3)originals Bond No. 72BSBHZ0658 Premium included in the Performance Bond Effective: 02/01/19-02/01/20 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City"),by action taken or a resolution passed November 20, 2018 has awarded to Mariposa Landscapes, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: LANDSCAPE MAINTENANCE SERVICES(the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated :lanky-1 9 201q("Contract Documents"),the terms and conditions of which are expressly incorporated by relference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon ofany kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Hartford Fire Insurance Company as Surety,are held and firmly bound unto the City in the penal sum of FIVE HUNDRED TWENTY-TWO THOUSAND, NINE HUNDRED THIRTY-SIX DOLLARS AND NO CENTS ($522,936.00) lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators,successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance, addition, alteration or modification in, to, or of any contract, plans,specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract,agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or PAYMENT BOND- 1 agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 10th day of December 20 18 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Mariposa Landscapes, Inc. Principal (Property Name of Contractor) By: Tech{ Noriega(Si nature of Con ctor)Teszdeu* (Seal of Surety) Hartford Fire Insurance Company Surety By: MARY SMITH Aft ey in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND- 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On December 11, 2018 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President who proved to me on the basis of satisfactory evidence to be the person( whose name(s is/ate subscribed to the within instrument and acknowledgement to me that he/3hc thcy executed the same in his/hcr/thcir authorized capacity(ie -), and that by his/her/t1rt,i. signature($) on the instrument the person(, or the entity upon behalf of which the person(.acted, executed the instrument. I certify under PENALTY OF PERJURY under el s f the State of California that the foregoing paragraph is true and correct. J. CHO Notary Public - California WITNESS myhand and official seal. a "'�'° `K'• Los An z; ... geles County zCommission # 2174393 Comm.Expires Dec 30,2020 i (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATIO INSTRUCTIONS FOR COMPLETI► THIS FORM Any acknowledgment completed in California must contain rbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate ackn, edgment form must be property completed and attached to that document e only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. I, uch instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be prin •on such a document so long as the verbiage does not require the notary .do something that is illegal for a notary in California(i.e.certifying the au ••rized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for pro• notarial wording and attach this form if required. Number of Pages • State and Co • information must be the State and County where the document signer personally appeared before the notary public for acknowledgment. Document Date • D.. of notarization must be the date that the signer(s)personally appeared hich must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SI . R this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office itle) of the county clerk. ❑ Partne Additional information is not required but could help to ensure this ❑ A. ey-in-Fact acknowledgment is not misused or attached to a different document. ❑ • ter Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C i tit .YTi�i te : i � .c..i i v..-, C�C.a: C ✓tet ., f : tai Chi.eit tai 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 Los Angeles ) On December 10, 2018 before me, Emily Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(�0 of Signer(( who proved to me on the basis of satisfactory evidence to be the person(a)' whose name(jis/' subscribed to the within instrument and acknowledged to me that Jacr/she/executed the same in Jai 7herl hcfirauthorized capacity(iesl,and that byJaK/her4er signatureceon 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. WITNESS my hand and official seal. '''` EMILY PRECIADO = 7 IY;, > COMM #2145802 a.�� ., A " NOTARY PUBLIC*CALIFORNIA 4 Signature YYI r-e. Atca I \�£-:4 My COSANOEL SC'rOUN Y . Sign ure of Notary Public ` n�. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of th- .ocurnent or fraudulent reattachment of this form to an unintended docume Description of Attached Document Title or Type of Document: Docu • t Date: Number of Pages: Signer(s) Other Than Named Abo -. _ Capacity(ies) Claimed by Signer(s) Signer's Name: : gner's Name: ❑Corporate Officer — Title(s): L I Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General LI Partner — I l Limited IL General ❑individual ❑Attorney in Fact LI Individual I I Attorney in Fact ❑Trustee LII Guardian or ►.nservator Cl Trustee I I Guardian or Conservator ❑Other: L11 Other: Signer Is Representing: Signer Is Representing: eisw w,6L4s1,v,' ✓t L4��,vG�CW,Z4"✓-y. ."✓' ti4: '.LLti.6,✓.4S✓.r',vh"�R`.bt:.A:X,Y...'-,W,,o,,,,, .�U.:`44,-,41-W&,4•Y•ti,: 4,;':6V.h"✓v4' ©2014 N. '.nal Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY HartfOneod BOND, 06155 Bond.ClaimsAthehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X 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 6,2015 the Companies have caused these presents to be signed by its Senior 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. 0:0 tick 1 .• 1967 • �. 1' ?. 0.4- I s. l r4r.r ntrt • •ta aw► ,977 9 a'i ty 7 9 • 4 r. �:} *u`(i`g- Jw" t �'•'" y � 7989 i 4s:� ,�> ww '. �j�F�+`�� r • �`'aq k7,;;t5• r�'I�N• n '�L''-rC so,,•I J.. 10 John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. ^tor /brHT _ �[,,,, l_ ,(� ♦` * Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 December 10, 2018 Signed and sealed at the City of Hartford. Tr `Snr ry ' ir65a9.6e.r(i`. ,Q4l .ql cv,y ♦.° ,f��~'�4's ..M,aa • , : 04aiiw► 1979, r ;�tiy7.4 • -rp'•�,.0 • xgc5� 9.•^T • Z-.�iR�.♦ • /drA-,..„, — -- Kevin Heckman,Assistant Vice President Pon 2018 Executed in Triplicate(3)originals Premium written contract term subject to Bond No. 72BSBHZ0658 adjustment based upon final contract price Premium: $2,615.00 Effective: 02/01/2019-02/01/2020 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the 'Contractor") an agreement for Landscape Maintenance Services(hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contract2r is more particularly set forth in the Contract Documents for the Project dated C' AV.Ctfyy 7> LG)tj(hereinafter referred to as"Contract Documents"),the terms and conditions of which are apressly incorporated herein by reference;and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Mariposa Landscapes, Inc. the undersigned Contractor and Hartford Fire Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred Twenty-Two Thousand, Nine Hundred Thirty- Six Dollars and No Cents ($522,936.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors,administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one (1)year after the acceptance of the work by City,during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in PERFORMANCE BOND- 1 the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner©nsistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in he completion of the Project. The Surety, for value received,hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 10th day of December , 2018. Mariposa Landscapes, Inc. CONTRACTOR/P INCI PRI. Name -T•erry orie9o1,1 Pres;de By: Hartford Fire Insurance Company SURETY: By: Attorney-In-Fa ARY SMITH The rate of premium on this bond is $5.00 per thousand. The total amount of premium charges, $ 2,615.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM PERFORMANCE BOND-2 Any claims under this bond may be addressed to: (Name and Address of Surety) Hartford Fire Insurance Company One Pointe Drive, 6th Floor Brea, CA 92821 (Name and Address of Agent or Same As Above Representative for service of process in California, if different from above) (Telephone number of Surety and (714)674-1321 Leslie Reyes Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives ofthe bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On December 11, 2018 before me, J. Cho, Notary Public (Here insert name and title of the officer) Personally appeared Terry Noriega, President who proved to me on the basis of satisfactory evidence to be the person(si whose name(& is/are•subscribed to the within instrument and acknowledgement to me that he/3hc thcy executed the same in hislher/Ekeir authorized capacity(ie -), and that by his/hcz/th,,ii. signature(*) on the instrument the person(, or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under t e f the State of California that the foregoing paragraph is true and correct. J. CHO • _;, Notary Public -California p_4 3 Los Angeles County WITNESS my hand and official seal. Z 'tel,► Commission #2174393 tftwav My Comm. Expires Dec 30,2020 (Notary Seal ignature of Notary Public - - ADDITIONAL OPTIONAL INFORMATIO INSTRUCTIONS FOR COMPLETI► THIS FORM Any acknowledgment completed in California must contain rbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate ackn' edgment form must be property completed and attached to that document e only exception is if a AGREEMENT SIGNATURE PAGE document is recorded outside of California. I, uch instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be prin i on such a document so long as the verbiage does not require the notary .do something that is illegal for a notary in California(i.e.certifying the au '.rized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for pro, notarial wording and attach this form if required. Number of Pages • State and Co • information must be the State and County where the document signer personally appeared before the notary public for acknowledgment. Document Date • D. of notarization must be the date that the signer(s)personally appeared hich must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Additional Information commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,is/are)or circling the correct forms. Failure to correctly indicate CAPACITY CLAIMED BY THE SI • R this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. ❑ Individual(s) Impression must not cover text or lines. If seal impression smudges,re-seal if a ❑ Corporate Officer sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office itle) of the county clerk. ❑ Partne Additional information is not required but could help to ensure this ❑ A ey-in-Fact acknowledgment is not misused or attached to a different document. ❑ • er Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 ..:.a rm i.�c .. e� ,te,,, .!s-. z .mac! ... ers.. c%�. regia �¢! .e .r we a . c .. 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 December 10, 2018 before me, Emily Preciado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Smith Name(of Signer0 • who proved to me on the basis of satisfactory evidence to be the person((• whose name(s'is/A4 subscribed to the within instrument and acknowledged to me that Jaeshe/executed the same in )1.i.sTher,4herauthorized capacity(1.e51, and that by.114herittlefrsignaturecirron 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. ------...,ms. WITNESS my hand and official seal. 4. t11' EMILY PRECIADO T;4 COMM.#2145802 ,.1. a 1i N- NOTARY PUBLIC*CALIFORNIA-n-` Signature (C-1‘ 1 )LLL %-�(' If Lir�� . LOS ANGELES COUNTY Sigr{ ture of Notary Public , 1, My Comm.Expires Mer.11,2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of th- .ocurnent or fraudulent reattachment of this form to an unintended docume . Description of Attached Document - Title or Type of Document: Docu • t Date: Number of Pages: Signer(s) Other Than Named Abe Capacity(ies) Claimed by Signer(s) Signer's Name: _ : gner's Name: ❑Corporate Officer — Title(s): I 1 Corporate Officer — Title(s): Li Partner — ❑ Limited ❑ General LJ Partner — 1 1 Limited l I General ❑individual Li Attorney in Fact LI Individual I l Attorney in Fact ❑Trustee LII Guardian or -.nservator ril Trustee I I Guardian or Conservator ❑Other: L1 Other: Signer Is Representing: Signer Is Representing: 64 4w,2,vti4'✓4�.<--„,„..-„ 4 4 .4'✓',,. ."✓4 4�✓A✓'.&44�.4�..u7C:6S_.4W.,? .'y4�,4v.,,,,CW4W.'n✓.4�..1�.:�.4SS.: 4\':4 4S':4�.ti4- ©2014 N. '.nal Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYHartfOneodOND,T-12 Connecticut 06155 Bond.ClaimsAthehartford.com call.888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY Agency Code: 72-183250 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X 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 6, 2015 the Companies have caused these presents to be signed by its Senior 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. Trt e.peur, �� .` Finrs r e",,,r .....„.:2......„.„‘ . . . ‘ , o ( a 1 \�ea�.rr.+tear a Oil r _0...7 � r '' t.i�..Sty{ _ 11�� :, 1967 , , pr1-1?t ' ?:_•.- • �� r...7,%:: '1I t• jLl...a! ,1<•1.1rE(AO'+ •eaNM� Ig79/e f;Vis a79.:_ .,. I-19 /1,14, if i /1,1Z' .:......77 ----- John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) On this 5th day of January,2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that 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 he signed his name thereto by like authority. ��r.air tea �i•b."‘-- )17Ctr,-0..AA. • tUBUe . Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 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 December 10, 2018 Signed and sealed at the City of Hartford. "iimiiYrt a ."1' r w.rt. , 4t, � -fr. ei�I� ..,,,,.:,,,,,11..!,!.!•.*.,.., , wo, '1IY :,P P',,,sg,7• • • �+r� •97 :f i%i a7 i:_ 'i ♦ 7'•• s Mme' .i,. Vie. ••4-#'•,..'i,...0 .., ,...��m V . r ? ,ti" w.+'�"" \-,4•4:: r 4' ' 7979 f :` : ^„ .. Ip,.is xu,a1 ..• \�r_[�- F_ /-, Kevin Heckman,Assistant Vice President POA 2018