HomeMy WebLinkAbout1998-07-07; City Council; Resolution 98-2271
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RESOLUTION NO. 98-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, ACCEPTING A BID AND AWARDING A CONTRACT
FOR PARK MAINTENANCE SERVICES.
WHEREAS, the City of Carlsbad requires park maintenance services and;
WHEREAS, proper bidding procedures have resulted in the receipt of a bid from a
qualified vendor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. The bid of Ponderosa Landscape Inc., 426 North Cedros Ave, Solana Beach
CA 92075, is hereby accepted and the Purchasing Officer is hereby authorized
and directed to issue a purchase order for park maintenance services.
2. That the Mayor of the City of Carlsbad is hereby authorized and directed to
execute a contract, a copy of which is attached, for and on behalf of the City of
Carlsbad, for one year, which may be renewed by the City Manager for four
additional one-year periods, with revised prices to be set after mutual
agreement.
PASSED, APPROVED, AND ADOPTED at a special meeting of the City Council of the
City of Carlsbad held on the 7th day of July , 1998, by the following
vote to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Nygaar
ATTEST:
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*L&yR*lirENKRANz. civya
(SEAL)
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PARK MAINTENANCE SERVICES AGREEMENT
This agreement is made this I < tl, day of rd Ly , 19 9 $? , by and between the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), the Carlsbad Municipal Water District,
a municipal corporation, (hereinafter called ''CMWD"), and Ponderosa Landscape, Inc., whose principal place of
business is 426 North Cedros Avenue, Solana Beach CA 92075, (hereinafter called "Contractor".)
City/CMWD and Contractor agree as follows:
I. m. The term of this Agreement shall commence upon execution and continue until June 30, 1999. This
Agreement may be extended by the City Manageraxecutive Manager for up to four additional one year
periods or parts thereof, based upon a review of satisfactory performance and the needs of the City/CMWD.
The parties shall prepare extensions in writing indicating effective date and length of the extended Agreement.
2. Description of Work. Contractor shall perform all work described in Paragraph 7,herein and the Contractors
Proposal attached hereto.
3. Provisions of Labor and Materials. Contractor, its sub-contractors and materials suppiiers, shall provide all
labor, materials, tools, equipment, and personnel to perform the work specified by the Agreement Documents.
Any items of work not indicated or specified, but which are essential to the completion of the work, shall be
provided at Contractor's expense to fulfill the intent of said documents. In all instances through the life of the
Agreement, City/CMWD will be the interpret& of the intent of the Agreement Documents, and the decision of
the City/CMWD relative to said intent will be final and binding. Failure of Contractor to apprise subcontractors
and materials suppliers of this condition of the Agreement will not relieve responsibility of compliance.
4. Agreement Documents. The Agreement Documents consist of this Agreement, Notice Inviting Bids,
Contractor's Proposal with Addendum No. 1, Designation of Subcontractors, Bidder's Statements of Financial
Responsibility and Technical Ability, Non-collusion Affidavit, and Exhibits 1 through 4, and all proper
amendments and changes made thereto in accordance with this Agreement, all of which are incorporated herein
by this reference.
5. Payment. For all compensation for Contractor's performance of work under this Agreement, CityEMWD shall
pay to Contractor the amounts indicated in the attached Contractor's Proposal.
In the event of an annual extension to this Agreement, Contractor may request a rate review and adjustment,
based on factors such as cost of living increases, etc. Any agreed upon rate revisions shall be included in the
Extensions to Agreement.
Periodically during the course of this Agreement, unforeseen circumstances beyond Contractor's control may
arise which impact Contractor's costs. Should this occur, Contractor shall submit to City/CMWD a written
request for cost increase. CitylCMWD shall respond to this request within ten working days. If City/CMWD
and Contractor mutually agree on the increase, a standard Amendment to Agreement shall be prepared and
submitted to the City ManagerExecutive Manager for approval. Should Contractor and City/CMWD be unable
to agree to the terms of the requested adjustment within 30 days after Contractor's request, Contractor may
terminate this Agreement upon 60 days written notice.
The closure date for each monthly invoice will be the 30' of each month. Invoices from Contractor shall be
submitted according to the required City/CMWD format to the Park Maintenance Superintendent no later than
the IO* day of each month. Payments will be delayed if invoices are received after the 10'" of each month. ,
6. Independent Investigation. Contractor has made an independent investigation of the job site, the soil
conditions at the job site, and all other conditions that might affect the progress of the work, and is aware of
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those conditions. The Contract price includes payment for all work that may be done by Contractor, whether
anticipated or not, in order to overcome underground conditions. Any information that may have been
hmished to Contractor by City/CMWD about underground conditions or other job conditions is for
Contractor’s convenience only, and CityKMWD does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions and has not relied on
information firnished by City/CMWD.
7. Scope of Work. Contractor shall perform all as follows, and as more specifically detailed in the Contractor’s
Proposal attached hereto:
I. Landscape / Site
a. Weeding, cultivating and brush control both mechanically and with chemicals.
b . Fertilizing.
C. Shrub trimming, pruning, training.
d . Tree pruning and staking.
e. Irrigation control.
f. General pest and rodent control.
g . Mowing, verticutting, aerifying.
h. General litter control and grounds policing.
1. Imgation system maintenance and repair.
j. Plant replacement.
k. Hardscape cleaning.
I. Over seeding.
m. Access roadway clearance and visibility maintenance.
n. General drainage structure and system maintenance.
0. Tot lot maintenance, repair and inspection.
II. Lighting and Other Electrical Systems
I I I. Walls, Fences, and Gates
Iv. Buildinm and Ancillarv Structures
8. Right of Citv/CMWD to Change Scope of Work. City/CMWD may require other changes to the scope of work,
and Contractor shall comply, provided that if such changes result in increased costs, Contractor shall have the
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right to apply for a rate review and adj stment. A Standard Amendment to Agreement shall be prepared by
City/CMWD according to the procedur s described in Carlsbad Municipal Code Section 3.28.172. Such
Amendment to Agreement shall not ren er ineffective or invalidate unaffected portions of this Agreement.
Should Contractor and City/CMWD be unable to agree to the terms of the requested change within 60 days
after a request from City/CMWD, City/ MWD reserves the right to competitively bid said services.
9. Standard of Work. Contractor shall pe orm the work described herein in accordance with the highest i
maintenance standards as stated in the t chnical provisions, attached hereto. All work shall be performed to the
satisfaction of the Public Works Direct r or his designee. Contractor and City/CMWD shall meet at least '
monthly to determine progress and ide tie any areas needing attention. Any work that does not meet the
satisfaction of the Public Works Direct r shall be redone at no additional cost to City/CMWD. i I All material used by Contractor shall bet
by CityICMWD in advance.
shall be subject to the approval of City/CMWD, and shall be approved otherwise specified. All materials used
new, high grade, and free from defects and imperfections, unless
10. Personnel - Contractor shall furnish suc I personnel as may be necessary to provide the services required by this
Agreement in a safe and efficient mml:r.
Work shall be performed by competent and experienced workers. Electrical, building, plumbing, irrigation,
mechanical, etc. maintenance and repais
regulations regarding pesticide usage. with all local, state, and federal laws an3
Qualified Applicator. Contractor shall be responsible for compliance performed by a California State Licensed
who shall be responsible for adherence to the specifications. Pesticide operations, where required, shall be
stall include a thoroughly skilled, experienced and competent supervisor appropriate systems. The work force
shall be performed by workers skilled and experienced in the
All personnel working at the park shall be of good character, neat appearance, and in appropriate dress as
approved by City/CMWD. All personn 1 shall wear identification badges or patches. Persons employed by
Contractor who are found not to be sati factory by City/CMWD shall be discharged or reassigned by Contractor
on fifteen (1 5) days notice from City/C WD.
11. Immimation Reform and Control Act. ontractor certifies he is aware of the requirements of the Immigration
Reform and Control Act of 1986 (8 U C Sections 1101-1525) and has complied and will comply with these
requirements, including, but not limite to, verifying the eligibility for employment of all agents, employees,
subcontractors, and consultants that are included in this Contract.
12. Safety Requirement. All work perform 1 d under this Contract shall be performed in such a manner as to provide
maximum safety to the public and wherk applicable, comply with all safety standards required by CAL-OSHA.
Contractor shall provide all safeguards and protective.devices and take any other action necessary to protect
the health and safety of employees on t e job and safety of the public in connection with the performance of the
work required by this contract. City/C WD reserves the right to issue restraint or cease and desist orders to
Contractor when unsafe or harmfid acts are observed or reported relative to the performance of the work under
this contract.
Contractor shall maintain the landscape and park area free of hazards to persons and/or property resulting from
his operations.
Contractor shall be responsible for all d ages to people and/or property that occur as a result of the fault or
negligence of said contractor or his em loyees in connection with the performance of the work.
13. Machinew and Equiument. Contractor hall provide machinery and equipment sufficient in capacity and
number to perform the work required u der this Agreement in strict accordance with its terms. Said machinery v
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and equipment shall comply with all federal, state, and local requirements for such machinery and equipment as
they now exist or may be amended in the future, and be registered with the California Department of Motor
Vehicles.
Nothing herein shall preclude Contractor fiom substituting other equal equipment due to maintenance or other
factors upon prior notice to and approval of CityKMWD. All equipment shall be available for inspection by
CityKMWD upon 24 hour notification to Contractor. Equipment used by Contractor for work to be done
under this Agreement shall not exceed four years in age, unless certification is presented to and approved by the
Public Works Director that equipment has been completely overhauled and/or rebuilt.
14. Schedule. Normal working hours for maintenance purposes shall be an eight-hour day between the hours of
7:OO a.m. and 6:OO p.m., Monday through Friday. Care shall be made as to not making excessive noise adjacent
to residences before 8:OO a.m.
Contractor shall submit to City/CMWD for approval an annual maintenance schedule indicating time frames
when items of work shall be accomplished per performance requirements upon Contract award. Contractor
shall submit revised schedules when actual performance differs substantially fiom planned performance.
Written notification of all “specialty type” maintenance operations shall be given to City/CMWD in the
monthly work schedule unless it is an emergency or non-routine. In those cases, 48 hours notice will be given
prior to each of these operations by Contractor. “Specialty type” maintenance operations are generally defined
as: (1) Landscape; pre-emergence weed control, turf aerification, turf dethatching, seeding, preventive and
curative application for turf fungicide and all pesticide applications; (2) Buildings; painting, roofing, signage,
facade modifications; (3) Hardscape; sidewalk replacements, parking lot overlays and striping; (4) Fencing
replacement; (5) Mechanical and electrical equipment upgrading or replacement.
In the event inclement weather hinders normal operations, Contractor shall reschedule the park maintenance
activities. Contractor shall perform all rescheduled work so required at no additional cost to City/CMWD.
15. Debris Disposal Contractor shall remove and dispose of all litter and debris collected under the performance of
this Agreement at CityKMWD-designated locations.
16. Street Closures, Detours, Barricades. Warning signs, lights and devices shall be installed and displayed in
conformity with the “Manual of Warning Signs, Lights and Devices” for use in performance of work upon
highways issued by the State of California, Department of Transportation and as directed by CityKMWD.
If Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by
CityEMWD, City/CMWD may cause such signs or traffic control devices to be placed by others, charge the
costs therefore against Contractor, and deduct the same from the next progress payment.
17. Underaound Excavations. Contractor shall be responsible for locating al1,underground utility lines to insure the
safety of his work crew and to protect in place existing utility equipment before commencing any excavation.
Contractor shall contact CityKMWD and Underground Service Alert (1-800-422-4133) before commencing
any excavation to locate underground repairs or improvements.
18. Records. Contractor shall maintain accurate records concerning all of his employees or agents and provide
CityKMWD with names, addresses, and telephone numbers of employees to be called in emergency.
Contractor shall complete a monthly maintenance report indicating work performed and submit this completed
report monthly to CityKMWD.
19. Emergency Services. Contractor will provide City/CMWD with names and telephone numbers of at least two
qualified persons who can be called by City/CMWD representatives when emergency maintenance conditions
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occur during hours when Contractor normal work force is not present. Contractor representatives shall respond
to said emergency with 60 minutes from receiving notification.
20. Faithful Performance The standards of performance which Contractor is obligated to perform hereunder are the
standards which are considered to be good landscape and park maintenance practices and shall be subject tQ &c
approval of the Public Works DirectodGeneral Manager.
Contractor shall maintain in full force and effect during the term of this Agreement, a Bond for Faithful
Performance from a corporate security satisfactory to City/CMWD. Said corporate security shall be duly
authorized to do business in the State of California. Said Performance Bond shall be equal to one hundred
percent (1 00%) of the estimated annual amount of this Agreement.
2 1. Cancellation Clause If Contractor refbses or fails to prosecute this Agreement or any separable part thereof with
such diligence as will ensure its completion within the time specified by City/CMWD or any extension thereof,
or fails to complete such work within such time, or if Contractor should be adjudged bankrupt, make a general
assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's
insolvency, or if Contractor or any subcontractors violate any of the provisions of this agreement, or if
Contractor fails to make prompt payment for materials or labor or if Contractor persistently disregards laws,
ordinances, or instructions of CityICMWD, City/CMWD may serve written notice upon the Contractor and
Contractor's surety of its intention to declare this Agreement in default, said notice to contain the reasons for
such intention to declare a default, and unless within ten (IO) days after the service of such notice, such
violations shall cease and satisfactory arrangements for the corrections thereof be made, this Agreement shall
upon the expiration of said time, be in default.
Upon such default, CitylCMWD shall serve written notice thereof upon the surety and Contractor. The surety
shall have the right to (1) take over and perform this Agreement or (2) deposit with City/CMWD the amount
herein below described.
If the surety does not within fifteen (15) days after the serving upon it of a Notice of Default, give CitylCMWD
written notice of its intention to take over and perform this agreement or does not commence performance
thereof within thirty (30) days from the date of notice fiom CitylCMWD, City/CMWD may take over the work
and prosecute the same to the extent of completion it deems necessary by contract or by any other method it
may deem advisable for the account and at the expense of Contractor, and the surety shall be liable to the
City/CMWD for any cost or other damage and in such event City/CMWD may, without liability for doing so,
take possession of and utilize in completing such work, such equipment, and other property belonging to
Contractor that may be on the site of the work and be necessary therefor. Should surety fail to take over and
diligently perform the agreement upon Contractor's default, surety agrees to promptly on demand, deposit with
City/CMWD such amount as City/CMWD may reasonably estimate as the cost of completing all Contractor's
obligations. For any such work that City/CMWD elects to complete by fiunishing its own employees,
materials, tools and equipment, City/CMWD shall receive reasonable compensation thereof including costs of
supervision and overhead.
22. Drug & Alcohol Free Workplace The City/CMWD is committed to maintaining a work environment free from
the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition
of this Agreement, Contractor and Contractor's employees shall assist in meeting the requirements of this policy
as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein.
Contractor agrees that Contractor and Contractor's employees, while performing service for the City/CMWD,
on City/CMWD property, or while using City/CMWD equipment will not be in possession of, use, or be under
the influence of drugs or alcohol.
Contractor has the duty to inform all employees or agents of Contractor that are performing service for
City/CMWD on City/CMWD property or using City/CMWD equipment of the City's objective of a safe,
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healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from
same while performing such service for CityKMWD.
City/CMWD has the right to terminate this Agreement and any other agreement Contractor has with
City/CMWD if Contractor or Contractor's employees are determined by the Public Works DirectodGeneral
Manager or his representative to have breached the provisions of Section XXI herein as interpreted and
enforced pursuant to the provisions of the City of Carlsbad "Drug and Alcohol Use Policy" incorporated by
reference herein.
23. Claims And Lawsuits. Contractor agrees that any contract claim submitted to City/CMWD must be asserted as
part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction
with litigation. Contractor acknowledges that if a false claim is submitted to City/CMWD, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California
Government Code sections 12650 et sea, the False Claims Act, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of information. If the
City/CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor
to an administrative debarment proceeding wherein Contractor may be prevented to act as a Contractor on any
public work or improvement for a period of up to five years. Contractor acknowledges debarm t b another
jurisdiction is grounds for the City/CMWD to disqualify Contractor from the selection process. ?&Initial)
The provisions of Carlsbad Municipal Code secti
Ktjhitial)
2.025,3.32.026,3.32.027 and 3.32.028 pertaining to
false claims are incorporated herein by reference.
24. Status Of The Contractor. Contractor shall perform the services provided for herein in Contractor's own way as
an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of
City/CMWD. Contractor shall be under control of City/CMWD only as to the result to be accomplished, but
shall consult with City/CMWD as provided for in the request for proposal. The persons used by Contractor to
provide services under this Agreement shall not be considered employees of CityICMWD for any purposes
whatsoever.
Contractor is an independent Contractor of City/CMWD. The payment made to Contractor pursuant to this
Agreement shall be the full and complete compensation to which Contractor is entitled. CityKMWD shall not
make any federal or state tax withholdings on behalf of Contractor or hisher employees or subcontractors.
City/CMWD shall not be required to pay any workers' compensation insurance or unemployment contributions
on behalf of Contractor or hisher employees or subcontractors. Contractor agrees to indemnify City/CMWD
within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment
or workers' compensation payment which City/CMWD may be required to make on behalf of Contractor or any
employee or subcontractor of Contractor for work done under this Agreement or such indemnification amount
may be deducted by CityKMWD from any balance owing to Contractor.
25. Compliance with Law. h performing the services required under this Agreement, Contractor shall at all times,
at its soles cost, comply with all applicable laws, permits and licenses ofthe United States, the State of
California and the City/CMWD and with all regulations promulgated by federal, state regional or local
administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the
term.
26. Assignment Of Contract. Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of CityICMWD.
27. Subcontracting. Contractor shall not enter into any agreement with another person or fm to perform any of
the obligations under this Agreement without prior written consent of CityICMWD. If Contractor shall
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subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully
responsible to City/CMWD for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons
directly employed by Contractor. Nothing contained in this Agreement shall create any contractual relationship
between any subcontractor of Contractor and CityKMWD. Contractor shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by CitylCMWD.
28. Verbal Ameement Or Conversation. No verbal agreement or conversation with any officer, agent, or employee
of CityICMWD, either before, during or after the execution of this Agreement, shall affect or modify any of the
terms or obligations herein contained nor entitle Contractor to any additional payment whatsoever under the
terms of this Agreement.
29. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless CityKMWD, and its officers, officials, agents and employees, from all claims, loss, damage, injury
and liability of every kind, nature and description, directly or indirectly arising from or in connection with the
performance of the contract or work; or from any failure or alleged failure of Contractor to comply with any
applicable law, rules or regulations including those relating to safety and health; except for loss or damage
which was caused solely by the active negligence of City/CMWD; and from any and all claims, loss, damages,
injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the
work covered by this Agreement, unless the loss or damage was caused solely by the active negligence of
City/CMWD. The expenses of defense include all costs and expenses including attorneys fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify City/CMWD against any challenges to the award of this Agreement
to Contractor, and Contractor will pay all costs, including defense costs for CityICMWD. Defense costs
include the cost of separate counsel for CitylCMWD, if City/CMWD requests separate counsel.
30. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by Contractor, his agents, representatives, employees or subcontractors. Said insurance shall
meet the policy of CitylCMWD for insurance as stated in Resolution No. 91 -403.
(A) COVERAGES AND LIMITS" Contractor shall maintain the types of coverages and minimum limits
indicted herein:
1. Comprehensive General Liability Insurance - $1,000,000:
combined single limit per occurrence for bodily injury and property damage. If the policy has an
aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for
which City/CMWD or its agents, officers or employees are additional insureds.
2. Automobile Liability Insurance - $1,000,000:
combined single limit per accident for bodily injury and property damage. In addition, the auto policy
must cover any vehicle used in the performance of the contract, used onsite or off-site, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must
state the coverage is for "any auto" and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of the State of California and Employers'
Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation
Insurance Fund is acceptable to City/CMWD.
(B) ADDITIONAL PROVISIONS- Contractor shall ensure that the policies of insurance required under this
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agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile
Liability Coverages:
1. The CityEMWD, its officials, employees and volunteers are to be covered as additional insureds
as respects: liability arising out of activities performed by or on behalf of Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor.
The coverage shall contain no special limitations on the scope of protection afforded to City/CMWD,
its officials, employees or volunteers.
2. Contractor's insurance coverage shall be primary insurance as respects CityEMWD, its officials,
employees and Volunteers. Any insurance or self-insurance maintained by City/CMWD, its officials,
employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to City/CMWD, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C) "CLAIMS MADE" POLICIES- If the insurance is provided on a "claims made'' basis, coverage shall be
maintained for a period of three years following the date of completion of the work.
@) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty
(30) days' prior written notice has been given to City/CMWD by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS- Any deductibles or self-
insured retention levels must be declared to and approved by City/CMWD. At the option of City/CMWD,
either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects
City/CMWD, its officials and employees; or Contractor shall procure a bond guaranteeing payment of losses
and related investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION- All policies of insurance required under this Contract shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against City/CMWD or any of its
officials or employees.
(G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be
subject to all of the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS- Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance
Commissioner under the standards specified in by the City Council in Resolution No. 91-403.
(I) VERIFICATION OF COVERAGE- Contractor shall furnish City/CMWD with certificates of insurance
and original endorsements affecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be in forms approved by City/CMWD and are to be received and
approved by CitytCMWD before work commences.
(J) COST OF INSURANCE- The Cost of all insurance required under this agreement shall be included in the
Contractor's bid.
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3 1. Responsible Parties. The name of the persons who are authorized to give written notices or to receive written
notice on behalf of the CityKMWD and on behalf of the Contractor in connection with the foregoing are as
follows:
Doug Duncanson, Park Maintenance Superintendent
1166 Carlsbad Village Drive
Carlsbad, CA 92008
32. Business License. Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of
this Agreement.
33. Entire Agreement. This Agreement, together with any other written document referred to or contemplated
herein, embody the entire agreement and understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged
except by an instrument in writing executed by the party against which enforcement of such amendment,
waiver or discharge is sought.
Executed this >tt" day of J(.k. LY 1 1998.
CONTRACTOR.
PONDEROSA LANDSCAPE INC.
By: nae~ 41 KP t
(sign here) J nlzs;.r -c9/4K
(print namekitle) A
B bb
h&TtPDTnrn.&&~ (print namekitle)
SBAD, a municipal co n in the
MUNICIPAL WATER DISTRICT, a
ATTEST:
u- ALETHA L. RAUTENKRANZ
City ClerWSecretary
Is j49r
(Proper notariai acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CALIFORNIA ALLPURPOS m CKNOWLEDGMENT a No. 59
NAME(S) OF SIGNER(S) I
personally known to me - OR -.E proved to me on the basis of satisfactory evidence i
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac- '
knowledged to me that hefsfte/they executed
the same in Wltheir authorized
capacity(ies), and that by hitheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person@) acted, executed the instrument.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITYQES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184
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CITY OF CARLSBAD
PARK MAINTENANCE SERVICES
CONTRACT NO. PM98001
CONTRACTOR’S PROPOSAL
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the locations of the work, read the
Notice Inviting Bids, examined the Agreement Documents, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work in
accordance with Agreement for Park Maintenance Services, Contract No. PM98001 and that
he/she will take in full payment therefore the following unit prices for each item complete, to wit:
DescriDtion of Work
Regularly scheduled park maintenance and landscape service in all designated areas, to
include all of the following (more fully described in.Sample Agreement documents):
lrriclation - Irrigate all plant and turf as is necessary to maintain a healthy appearance and
lrriuation Svstems Maintenance - Maintain all irrigation systems.
Turf Mowina. Edclina. and Trimminq - Mow, edge and trim all turf areas at least weekly from
March - November, and as needed December - February, weather permitting.
Walks. Curbs, and Courts - Wash or sweep all sidewalks, curbs, courts, and miscellaneous
asphalt and concrete surfaces weekly.
Planters and Ground Covers - Cultivate and weed all planters and ground cover areas at
least every ten days.
Trimmina and Pruninq - Trim and prune all shrubs and plants in accordance with good
horticultural practices. All trees shall be kept clear of sidewalks, paths and roadways.
Fertilizinq - Fertilize all turf areas at least four times each year or as is necessary to
maintain a healthy appearance and condition. Fertilize and treat all plants and trees as
necessary to maintain a healthy appearance and condition.
Weed. Pest, and Disease Control - Keep all turf areas, planters, beds, trees, and tree wells
clear and free of all weeds, pests, and diseases at all times.
Reseedinq - Reseed all turf areas as directed by the Park Maintenance Superintendent.
Tree and Shrub ReDlacement - Replace, at Contractor’s expense, any trees, shrubs, turf or
Traffic Control - Provide and display all safety devices and traffic controls at all times when
Turf Aeration and Thatchinq - Aerate and thatch all turf areas in accordance with good
condition.
ground cover which dies as a result of Contractor’s negligence.
working in the public right-of-way.
horticultural practices.
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- Item Location Per Month Annual Item Toti - No.
1. City Hall and Library Complex I/ la 00 x 12 I3,3YY c:
1200 Carlsbad Village Drive 6c1g
(36 6
2. Harding Community Center x 12
3096 Harding Street r96.00 2,352. Cl
3. Hosp Grove Park
221 0 Jefferson 93.00 x 12 1, 116. ''
4. Hosp Grove TrailjNature Area /06.m x 12 Wickham Way @ Monroe Street I/ 272, o(
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
15.
16.
Jefferson Duck Observation Area
2205 Jefferson Street
Oak Park
3050 Pi0 Pic0 Street
107.00 x 12
5l4.00 x 12
Pi0 Pic0 Park x 12 2700 Pi0 Pic0 Street 70. (33
Lannrin Park
2683 Vancouver Street ci3.00 x 12
Senior Center & Complex
799 Pine Avenue 440.00 x 12
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Car Country Park x 12 5465 Paseo del Norte 37$3 .oo
Rotary Park State Street @ Washington Street &/be 00 x 12
Maxton Brown Park 2500 State Street rw.oo x 12
Community Development Offices x 12 2075 Las Palmas Drive ZBS*Oo - .~
C.M.W.D. Headquarters x 12
5950 El Camino Real 363 * 00
La Costa Low Reservoir
Alga Road % mile east of Alicante
"D" Reservoir x 12
La Costa Blvd. Between Aviara
Parkway and El Camino Real q 5.00
q5.00 x 12
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1, z 049
6m.a
8~0, o(
1, // 6. o(
/I' 376.0
4#536.(
2/ 592 *(
2,292.
3, q 20.
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4,356.
I, 140 .
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17. "E" Reservoir
Hidden Valley Road 1/2 mile north
of Palomar Airport Road 57 6.00 48.00 x 12
18. Skyline Reservoir
.. 4277 Skyline Road
19. Ellery Reservoir
2237 Janis Way
351.00 x 12 ~,ZIZ .CO
(25 00 x 12 I, l40.00
20. Elm Reservoir x 12
. .. Carlsbad Village Dr. @ Donna Dr. aq*oo 2, &z8,Oc
i r Total Regular Park Maintenance !?,?I&. 00 6/,380. (
Service as outlined above: x 12 ff W* b
.. Grand Total amo nt of bid, including it ms "tw a# ChOU*hJ +,we- M
Grand Total amount of bid, including items 1 - 20, in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). I has/have been received and idare included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary [ 3 Bonds [applicable only if checked] and insurance polices within twenty (20) days
from the date of award of contract by the City the City may, administratively authorize the award
of the contract to the second or third lowest bidder.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number '3ZGh40Y , 'classification e-27 which expires on , and that this statement is true and correct and has the
legal effect of an affidavit.
The Undersigned bidder hereby represents as follows:
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I. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
those contained -in this form of Contract and the papers made a part hereof by its terms;
and 2. That this bid is made without connection with any person, firm, or corporation making a
bid for the same work, and is in all respects fair and without collusion or fraud.
.-2 agents, or employees has inducted him/her to enter into this Contract, excepting only
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PARK "EWMICE SERWCES CONTRACT NO. PIy)98op'l
Addendumw
PIease pmvide an ann& item totai for the tree prunn'tng at Ci Halvtibary Compeex
MwitlbeltemNo.23. Thebidshattbedetemrinedosrthebasisofpntnningoncre eveq twr, (2) yma~~. Thaefbre, Item NO. 1 (CttybWM~) bid amount ydll not 'wrdude the tree prunn'mg at this site.
ITEM LOCATION
NO.
ANNUAL ITEM TOTAL
2?. City Halt and Library Complex
1200 Carfsbad Village Drive Eucalyptus tree pruning
- - 6 q- S81.00 I
GRAND TOTAL AMOUNT OF BID, INCLUDING tTEMS 1-21, iN WORDS:
~I\(~-s\x 6 MOV~ +.AIO hvqdrd si&/ 5~m do(&
CRANO TOTAL AMOUNT OF BID, lWCtUDINC 1TUUtS. 1-21, IN NUMBERS:
$ 0(0,=@7ta
DOUG DUNCANSON o/$pd tYt
&&
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1200 bbbad Village Drhte Carfsbad, CA 92CSQ8-1989 * (839) 434-2825. FAX (619) 434-7185
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The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
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(2) Signature (given and surnam
(3) Place of Business
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(1) Name under whic
(2) Signature (given and suma haracter of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
IF A CORPORATION, SIGN HERE:
. (I) Name under which business is conducted 70rdeC052 bd%epe ,, I nc
(2) Signature i%v?J- A/A,ip_
0 YRE5IDEhl-r
Title
impress Corporate Seal here
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(3) Incorporated under the laws of the State of CAL IF OPES 1 A
(4) Place of Business Y ZL r\l CmWS AVE , TO. BOX 3W
(Street and Number)
City and State %ana 73es?J? ! CA
(5) Zip Code qam 5 Telephone No. (6 / y) 48 I c 00 I z
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State of Q.~\LC~
County of S * RIGHT THUMBPRINT (Optional)
0 w, \qq% before me,Bduaqa c. sn~me r1 IDATE) INAMECTITLE OF OFFICER-i.e.'JANEPOE, NOTARY PUBLIC"I 0 L
personally appeared \Yp&+ Alack Tp - y 1 ~
(NAMEW OF SIGNERISII
mavqQY<+ x pa+&eY
0 personally known to me -0R- roved to me on the asis of satisfactory evidence to be the per n(s) whose name(s) r&subscribed to the withln instrument and acknowle ed to me that helshdxecuted the same rn authorized capacit his1hem and that by his e signature(s) on - t Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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(SEAL)
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CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OFFICERIS) muss
OPARTNERIS) ULIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S1
OGUARDIANKONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(.) or Entity(ies)
1
RIGHT THUMBPRINT (Optional)
II - Witness my hand and official seal.
11 CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S1
OCORPORATE
ATTENTION NOTARY OFFICER(SI
The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S1 ULlMlTED unauthorized document. OGENERAL
OATTORNEY IN FACT
*% OGUARDIANICONSERVATOR
MIS CERTIFICATE Tile or Type of Document Bl A % ?q?& pa \&Sm UTRUSTEE(S)
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages z Date of Document
DESCRIBED AT RIGHT
+':\! \~q% oomm - Siiner(s1 Other Than Named Above
. SIONER IS REPRESENTING:
(Name of Pe.rson(s) or Entityris)
WOLCOTTS FORM 83240 Rev. 3-94 (price class 8-2AI *I994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATlONfIWO FINGERPRINTS
7 ~~~lllllllll 67775 [Ill 63240 I llll111
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
" . List below names of president, vice president, secretary and assistant secretary, if a
corporation; if a partnership, list names of all general partners, and managing partners:
hc5rlfle.~ - I
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DESIGNATION OF SUBCONTRACTORS
(To Accompany Proposal)
The Contractor certifies helshe has used the sub-bids of the following listed Contractors in
making up hislher bid and that the sub-contractors listed will be used for the work for which they
bid, subject to the approval of the Public Works Director, and in accordance with applicable
provisions of the specifications and Section 4100 et seq. of the Public Contracts Code-
"Subletting and Subcontracting Fair Practices Act." No changes may be made in these
subcontractors except upon the prior approval of the Public Works Director of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages can
be attached if required:
This project does not have bid items designated as "SPECIALTY ITEMS."
Items of Complete Address Phone No.
Work Full Comoanv Name with Zio Code & Area Code
TRE e 5ANwRsGid IVIAig%?Nfw& P.0. BCM 232028
P%UN 1NG AdD TEE 5QaV\CG Leucadit, CA Saoa3-2628 r166 qV24Wf
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AMOUNT OF SUBCONTRACTORS' BIDS
" (To Accompany Proposal)
The bidder is to provide the following information on the sub-bids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Type of State
Contracting Carlsbad Business Amount of Bid
Full ComDanv Name License & No. License No.* I$ or %)
. SANDEeSOlrl M&idTcrJANC& AMb cn sq5222$;3 'FZP.-CLDD lied 23%
-rQGE 5FpVtaE i pent\tnq*
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* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts.
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or balance sheets may be
submitted under separate cover marked "CONFIDENTIAL."
D~ease see eeDae+e covet ''srXidcn+;al ,I
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract helshe has successfully performed and give references, with telephone numbers,
which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Date Amount of Name and Phone Name and Address of
Contract Contract Type of Work Number of Person to the Employer
Completed Contact
puh5g 5EE &nkc)-CED
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PONDEROSA LANDSCAPE, INC.
CONTRACTOR EXPERIENCE, CURRENT REFERENCES
CURRENT MUNICIPAL CONTRACTS:
CONTRACT NAME: City of Carlsbad, Medians
CONTRACT #: 95015
DATES: 02/20/95 to the present
TYPE: Prime contractor, grounds maintenance
PRICE: $60,000 annually
SCOPE: All the medians in the City of Carlsbad
A four person crew is used to perform services which include mowing,
edging, fertilization, aerating, pruning, weed control, and policing, as
well as complete pest control.
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: Fred Bernell(760)434-2806
CONTACT: CITY OF CARLSBAD
CONTRACT NAME: City of Carlsbad, Palomar Airport Roam-5 Interchange
CONTRACT #: 96000
DATES: 0710 1/96 to April 2, 1998
TYPE: Prime contractor, grounds maintenance
PRICE: $ 19,800 annually
SCOPE: A four person crew is used to perform services which include mowing,
edging, fertilization, aerating, pruning, weed control, and policing, as
well as complete pest control.
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: Fred Bernell(760)434-2806
CONTACT: CITY OF CARLSBAD
CONTRACT NAME: City of Carlsbad, La Costa/I-5 Interchange
CONTRACT #: 96024
DATES: 0610 1/98 to the present
TYPE: Prime contractor, grounds maintenance
PRICE: $ 15,120 annually
SCOPE: A four person crew is used to perform services which include mowing,
edging, fertilization, aerating, pruning, weed control, and policing, as
well as complete pest control.
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: Fred Bemell(760)434-2806
CONTACT: CITY OF CARLSBAD
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PONDEROSA LANDSCAPE, INC.
CONTRACTOR EXPERIENCE, CURRENT REFERENCES
CONTRACT NAME: City of San Diego, Water Utilities Department
CONTRACT #: 960 19 (Purchase Order #27 1979)
DATES : 12/0 1/97 to the present
TYPE: Prime contractor, grounds maintenance
PRICE: $ 16,836.00 annually
SCOPE: A dedicated crew on site three times per week, is used to perform services
which include mowing, edging, fertilization, aerating, pruning, weed
control, and policing, as well as complete pest control..
5 5 3 0 Kiowa Drive
La Mesa, CA 91942-1331
Attn: Mr. Paul Alesi
Tel.: (619)668-3250
CONTACT: CITY OF SAN DIEGO
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PONDEROSA LANDSCAPE, INC.
CONTRACTOR EXPERIENCE, CURRENT REFERENCES
CURRENT MILITARY CONTRACT:
CONTRACT NAME: Various Navy Family Housing Sites:
Cabrillo Navy Family Housing, Kearney Mesa
Chesterton Navy Family Housing, Linda Vista
Lofgren Navy Family Housing, Chula Vista
Hartman Navy Family Housing, Pacific Beach
Bonita Bluffs Navy Family Housing, Lemon Grove
Strand A and Strand B Navy Family Housing, Coronado
Naval Amphibious Base, Coronado
Gateway Navy Family Housing, Point Loma
CONTRACT #: N68711-87-C-5 123, N63387-93-D-7028 and N63387-94-D-4394
DATES: October 1989 to present.
mE: As a subcontractor to the prime contractor: DTH Management
Group, P.O.C.: H.F. Lauer, Ph.: (619)268-3749
PRICE: In excess of $ 1,500,000 annually.
SCOPE: Contract personnel average 35-50 full time employees.
18 truck and 6 large ride-on mowers. Maintain on and off
base housing throughout San Diego County. Contract services
include mowing, edging, fertilization, verticutting,
aerating, tree pruning, policing, pest control, irrigation
repair and management plans.
DTH MANAGEMENT GROUP, A.J.V.
7476 Wellington Way
San Diego, CA 921 11-5733
Attn: H.F. Lauer, Ph.: (619)268-3749
CONTACT: PRIME CONTRACTOR:
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Technical Abilities
PONDEROSA LANDSCAPE, INC.
TECHNICAL ABILITIES
Ponderosa Landscape, Inc. provides a wide range of services which include: mowing, edging,
pruning, planting, fertilization, turf care, tree inspection, pest management, and all phases of
irrigation installation and maintenance. Currently, our staff consists of Certified
LandscapeTechniciansMaintenance and Certified Landscape Technicians/Irrigation, Certified
Arborist, Pest Control Advisors and Qualified License Applicators.
We provide training for all employees including safety and pesticide training as well as ongoing
training programs for all phases of landscape grounds management. Ponderosa Landscape, Inc.
supports the California Landscape Contractor’s Association (CLCA) Certified Landscape
Technician Program by encouraging employees to become certified in maintenance and irrigation,
and our managers have served as judges in the program.
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BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
P Ie2se eee ,t)uched
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,I aCEPT 10 DAYS NOTTCE rOR Ha-PAYbSENT Of P€U%". Certificate Hol+.i+ tional Insured r attached e62124 wrth xes ts to General Lrabalrty only. m: P- SNTEHANCE SERVICES - CONTRA#%PM~SOOOX
,.:._ ...................... r:"l'tI':';::::::::I""":i2:.:.:6:.".~~, ::,: ,,, ~:~?~~~~.~~~~~~;:.~~~~~~~~~~~:~~~~~~~:~~~:~~~ ..................................................................... ....,. '- , ......,... I.
'.1../1...,_ ,, . . ...
CITY OF CARLSBAD OFFICE OF TXE PURCWiSING Om. CITY HALL 1200 CARtSaAb VILLAGE DRLVE
CARLSBAb CA 0200%
CITY205
- :I:.: .?.X ~~~~~~~~~~~~~~~,~,~~~~~~~,~~~~~~,~~~~~~~~~~~,~~~~~;~~~~~,;~~~~~~;~~~:~~,~~~:~,~;~~;~ , , , , , , , .. , . , . , .. , .... . ... .. ....., I... ... ..I.. .,.. _... 1.1, ........I,* .I..,.,.......,..,, (.~..,
SHOULD Mv w ME ASOW DESCRIBED F'OllCbES BE CANC€UEQ UEFORE THE
EXPIRATION BATE TwLR@oC. THE ISSUJUG tdypluly WILL -m f30 wswrutzeu NOVICE TO WE CESWWTE MOLOES U*WED TO ME LET.
em - Nnm= I/ 1
~~~~~f:~~~",,~~~;::~~~~'~~~~~~;.~;':""""'".i'.'~. ....... . l. ~:.~: ...................................... .:;~;::~?;;~~:::~;~{.~o.n~. .?ahx.a.++?~. .( . fd&.% .___ I ....., . ..,. I...,.....~.. .....I ...... :: ."."' i'""'(:~':..*,:.?~.:*):(.l.,:.r:. ...;......,.. r,.. .,,.:.,.~.,.,~.~,~.~~~.,'.~ .~.,,.l.,.,........,..,.,... /...~ .l.l.,..,....,,..,, ~ ..................................... *i ,..ii:.)l :,:,:,: I.pL,,)')..:\ .,.,.,i.:. II):.. . ,~,,~~R&~:~~ ".:dl...< .... i.~::,,:~..;..*~~;~B~S:~.~~;~~~:~~~:~.~*~~::~':~~:~:::~~:~.~~~~~:.:.~~ :y>.*c.;n.:c <.,s:>,:*s.; ..... >' .'
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FROM : WFITERIE INS. PHDNE NO. : 619 452 6804 Jun. 16 1998 02:41PM p2 0. 0.
POUCY NUJMBER~a3~
FclmKSA-
COM~ERCIAL GENE= tm31~m
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
.. , , , .. . -. .. .. ' .. .._._. .... ;, ,":LL,.....~.L .:,<... .-.. :.; ./.... >.!.. I , ,_,
AUTOMATIC ADDITiONAL INSUREDS - CONSTRUCTION CONTRACTS
This endorsement modifies insurance provided under the tonowing:
COMMERCIAL GENE.SAL LIABlUN COVERAGE PART
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This endarsement changes &e policy effective on the incsptjon date of We policy ufliess another date is Ifldic&ed below.
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Endorsement Effedhre: TtIE lNSURANCE CORPORATION OF NEW YORK
sE€AlTAam
Named Insured: Countersigned 6y:/eb
1 SmKCrmED - I dnm ., ~ "-1
(Authorizd Represmtative)
The falfowing provisions are added:
SECTION I - COVERAGES
Subpart (1) (a) of Exdusion f, of Coverage A is replaced by the folrowing:
At or fram any premises. site, or locarjm which is or was at any time owned or occupied by, ur rented or la8ned to the Insured;
SECTION 11 - WHO IS AN INSURED
5. Any person(s) or organization(s) (hereinafter called 'Additional Insured') with whom you agree in a writien construction
Contract to name as an insured is an insured with respect to IIabillty anking cut uf tour work' for me AddlUanal fr!SUred an the project specified in the consm~on conlract including acts or amissicns of the Additional Insured in connection with the general supewision of >our work'
However, the fnsuranca provided to the Addibal Insured does not apply to:
a. '8adily injury,' 'property damage.' or 'personal injury.' 0ceUrr;'ng after:
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(7) Afl Work On the project (other than Sariice. rnc!iintenance or repairs) to be peearmed by or on behalf of the Additional insured a2 the site of tne mvered operations has been c0n;plebd; or
(2) That podan of 'ycur work' out ot whict, rtre injury cr damage arises hzs been put to its intended use by any
PerScn or organization other than another emtractor or subcsntrac:cir e~ga~ed in perfarming aperaticns far a Principal as a part of the 5ame project
E CG 21 24 03 $7 Page 1 @ 2
FROM : WATER1 DGE I t-6 pHw.IE NO. : 619 452 6W Jun. 16 1998 02:42PM P3 0.. 0.
P0LK;Y NUMBEFlr (2acxmm H1JIw(36A-
COMMEZCIAL GENERAL. CMBIUT~
.. AUT~MATIC-ADDI~.O~.AL,I_N_SUREDS - CONSfRUCflON CONTRACTS (cont.)
h. 'Property damage' to:
(1) property awned, wed, or occupied by bc rented ta the AdditiOnai insured;
(2) Pmpenj in *e care, astcdy, or ca~ttof of the Additional Inswed or aver which the Additional Insured is for any,
purpose exercising physical contrd: or
(3) 'Your work' far the ~ddltionaf insured.
c. 'Bodily injuq,' 'proPerry damage.' or 'personal injq,' arising out of an ar&ifect's, enginaeh. or surveyor's
rendering of Or failure to render any professional servic35 for you.' for the Adt5CitiorIaJ Insured, cr for others. induding
(1) The preparing, approving, or failing to approve maps. drawings, opinions, reports, surveys. change orders,
designs. or specifications; and
(2) SupeMsory. inspection, or engineering sem-ces.
These exdusians apply In addition to thase contained in the Coverage Part.
SECflON 111 - LIM1TS OF INSURANCE
The ionowing provision Is added:
The naming of me or more Additjond tnsured's does not increase the limits of insururce.
SECTION W - COMMERClAL GENERAL LIABiLllY CONDITIONS
For the caverase provided by this endorsement:
a . Subpart (4) (a) Gf the Other Insurance provision is replaced by the foliowing:
(a) This inSUraWe Is primary, and our obligations are not affected by any other insurance carried by such Additiondl Insured whether ptimary, excess, contingent, or on any other basis.
b. Subpart (8) (Transfer of Rights of Recovery Against Others To Us.) Is replaced by the following: '
if *e insured has rights to recover all or pan of any payment we have made under this Ccverage Parr. those rights
are transfefred to us, unless such rights ware waived by a written carinae: prior to any occurrenca of ids. The insured must da nothing after toss to Impair *em. At our request. the insured will bdng 'suir or transfer thase righa
to Us and help us enforce hem.
IC CG 21 24 03 97 Page 2 of 2
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,.'I. ACORD :;:,CiER:T&F1:C: \x-~,:r:Q.Fi:.Li;A.B&L\ :,::;,,,, .. ...,..... ,,,- L.,, ,,:,,,_,. ........ u .... I .... ,,,', L ,, ~- ,,:~ - :,r,:,,,:r: ...... ~~:.,~.~:,:;,,~,,, z..........?...?.....................................I.. .,~.~ .:,,:.,. Il_.i ..,,. ~:,~.,~,~: ,. i*. ...;... *... (.....i \ ...... r.. ....................... .... ,.+. :.:... l.((.i:. <. ..r..;. ...... ?.,, ..:.~., ,.I ,:...
PRQWCW THiS CEf7IIFlCATE AS A MATER OF WJFORQdATION
Tristv Insurance Svcs-SD HOLDER. THCs CERTIFICATE DOES Nof AMEND, €XWN5 OR P.0. Box 609006 ALTER THE COVERAG€ AfFORDEO BY THE PWctES BELOW.
San Diego CA 92160 ~OMP~AF~NGcovERAciE ,
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ONLY AND CWERS NO RtGHTS UPON THE CERTtFlCATE
R Sean Mc Conlogue coMp*Nv phew. 619-541-1900 FOXNO. 6;L9-Z77-d519 mSuM0
a California campensation fns Co
B CoNlPANy
CaAPnhlV
Potadetosa Landscape Inc. P.O. Box 385
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Solana Beach CA 92075 D COMPANY
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~LSTOCE#IIFY~~THE~S~F~U~~B~~WHAMBEP~ISSUEDTOTHEDJSURBE)~DABCH~EF~RTHEWL~CY~
UVMCQTED.hEOTWm(STANDMKiANYR~~,1+RMOR~~~ANYCONTRACTOROrnm~~~WnwREsPECrTOW~TWIS
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GERWICATE MRY BE ISSUED OR iWY PERTAfN, THE PISURANCE AFFORDED BY THE PCKICIES DESCRLBED HEREiIN AS SuB3Ec7 TO AU THE TERMS. D(CLUS1ONSAM)~~OFSucn~S.~SSHoWN~Y~~BBNREWCEDBYPAlOCLAIMS.
TWEOFfNWRAhCE pducv NUMBER PoLlcvEFFEGm rnWMPIRArn
DATE("WVY) uvsrrs DATE(uurwm)
GEHERALAoGRKiATE 5
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EACHOCCuRRENCE 5
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1 B3X.Y JNJURY S -
-AUTOS
NoD14w@Dwro8
BolRLYIKRIRy 6erpecbr!4 s
: I I1 I PRWERNbAMAGE f
QAR4GEupglulY
ANY AUTO
1 AUTO ONLY -EA AcaDprr I ---.I :;.;,2;:.::7, >>:<.!.: 0- m ALmJ ONLY: ~~~~~~~~~~~-~~~~~~~~~~~~ -
EAMAccKsNT
MaREGAlE
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ELLEACHAcaDEHT Is 1,000,000
WftCERsARE: ma ELWEAS-EAEMPLQYEE~E ~,OOO,OOO
A ~PROPRIETOW
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OmER
#a ~~o~sc~s~-poucyu~~~ 1 s 1,000,000 10/27/98 10/27/97 W97AO11595
0 1)
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
- 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
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Yes no
2. If yes, what wadwere the name@) of the agency(ies) and what wadwere the period of
debarment(s)? Attach additional copies of this page to accommodate more than two
debarments
party debarred party debarred
agency agency
period of debarment period of debarment
By Contractor:
P,ndeuma bndces>e! hc.
(name of Contractor)
By: ne?T/3/A*[
(sign here)
BEET -1 ad, ?res; dent
(print namehitle)
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15
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106
State of California )
) ss. County of 1
bk- &Ao/L , being first duly sworn, deposes and says that he or she is
(Name of Bidder)
of d40flW8A L&uBsc&P€ hc.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that ail statements contained in the bid
are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
I deciare under penalty of peiury that the foregoing is true and correct and that t 's ffidavit
was executed on the /I.fiFh day of Joe€ .I 19 &.
flee-(
Signature of Bidder
' Subscribed and sworn to before me on the 1 I day of 3 u v\A Sk c-/ , 192%
(NOTARY SEAL)
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