HomeMy WebLinkAbout1998-07-07; City Council; 14757; Parks Maintenance ServicesCITY OF CAR1 - IADICARLSBAD MUNICIPAL WATE
AWARD OF CONTRACT FOR
PARKS MAINTENANCE SERVICES r- ~~~~ RECOMMENDED ACTION: Original agenda bill in "70"
City of Carlsbad City Council: Adopt Resolution No. %?*#?, awarding a contract to
Ponderosa Landscape Inc., for parks maintenance services for one year, with the option to
renew for four additional one-year periods.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /02/
awarding a contract to Ponderosa Landscape Inc., for parks maintenance services for one
year, with the option to renew for four additional one-year periods.
I ITEM EXPLANATION:
The Parks Division of the Public Works Department is responsible for maintaining the
various City office landscape and park facilities throughout the City. The Carlsbad
Municipal Water District is responsible for the maintenance of several reservoir facilities and
their main office building and grounds. Both organizations have determined that the use of
contractor services to provide basic maintenance will allow better allocation of staff hours.
The Parks Division will gain the ability to provide a higher level of service with increased
staffing at major parks sites. District personnel will perform duties more applicable to the
operation and maintenance of our water and sewer systems.
In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was
published and Requests for Bid packages were received by eight contractors. Five bids
were submitted. The lowest responsive, responsible bid was received from Ponderosa
Landscape Services Inc., and the Parks Superintendent recommends acceptance of this
bid. The responsive bidders and their bid prices are as follows:
Ponderosa Landscape $66,267.00 Landscape West $106,450.00
Cooley’s Landscaping !$84,644.00 New Way Professional Landscape $110,028.00 Nissho of California $85,132.00
FISCAL IMPACT:
Necessary funds for this service are part of the operating budgets of the Carlsbad Municipal
Water District and the Parks Division.
EXHIBITS:
1. City of Carlsbad Resolution No. % -,.$!a? .
2. Carlsbad Municipal Water District Resolution No. )(3 d. [ .
‘
+
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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, Soiana 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:
ALETHA L.
(SEAL)
‘
l
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-
RESOLUTION NO. 1021
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A BID
AND AWARDING A CONTRACT FOR PARK MAINTENANCE
SERVICES.
WHEREAS, the Carlsbad Municipal Water District 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 Board of Directors of the Cartsbad
Municipal Water District 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 President of the Carlsbad Municipal Water District is hereby
authorized and directed to execute a contract, a copy of which attached, for
and on behalf of the Carlsbad Municipal Water District, for one year, which may
be renewed by the General 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 Board of Directors of
the Carlsbad Municipal Water District held on the 7th day of July I
1998, by the following vote to wit:
AYES: Board Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Board Member Nygaar
ATTEST:
ALETHA L. RAU’TENKRANZ, Secretary
PARK MAINTENANCE SERVICES AGREEMENT
This agreement is made this isn dayof 3x&$ , 19 9% ,byandbetweentheCity
of Carlsbad, California, a municipal corporation, (hereinafier called “City”), the Carlsbad Municipal Water I&t&t,
a municipal corporation, (keinafter died “CMWD”), ed Ponderosa Landscape, Inc., whose primipal place of
business is 426 North Cedros Avenue, Solana Beach CA 92075, (her&after called ‘Qn&xtor”.)
CityKMWD and Contractor agree as follows:
1. m. The term of this Agreement shall commence upon execution and continue until June 30,1999. This
Agreement may be extended by the City Manager/Executive Manager for up to four additional one year
periods or parts thereof, based upon a review of satiskct~ performance and $e needs of the CityKMWD.
ne parties shall prepare extensions in writing indicating effective date and length of the extended Agreement
2. mscriotion of Work. Contractor shall perform all work described in Paragraph 7 herein and the Con&actors
Proposal attached hereto.
3. Provisions of Labor and Materials. Contractor, its sub-contractors and materials suppliers, shall provide all
labor, materials, tools, equipment, and personnel to perform the work specified by the Agreement Docurnent~.
&ty items of work not indicated or specified, but which are essential to the complerkm of the work, shall be
provided at Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the
Agreement, CityKMWD will be the interpret& of the intent of the Agreement Dctcuments, and the decision of
the City/CMWD relative to said intent will be final and binding. Failure of Contractor to apprise subcontract-
and materials suppliers of this condition of the Agreement will not relieve responsibility of compliance.
4. Aereement Documents. The Agreement Documents consist of this Agreement, Notice Inviting Bids, Contractofs Proposal with Addendum No. 1, Designation of Subcontractors, Bidde& Statements of Financial
~espons~%ility and Technical Ability, Non-colhrsion 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 COU~EUZOI’S performance of work under this Agreement, City/CMm al
pay to Contractorthe 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 increaseq 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, Contlactor shall submit to City/CMWD a writteu
request for cost increase. City/CMWD 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 Manager/Executive Manager for approvaI. Should Contractor and CityKMWD 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 fkom Contractor shall be
submitted according to the required CityKMWD format to the Park Maintenance Superintendent no later than
the lOti day of each month. Payments will be delayed if invoices are received after the lO* of each month. ,
6. independent Investkation. 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
&m ~nditicms. The Contract price includes payment for all work that may be done by Contractor, whether
a&cipated 0~ not, in order to overcome udavd conditions. Any information that may have b
funri&ed to Contractor by CityhX4WD about underground conditions or other job conditions is for
~~a% conve&nce only, and CityKMWD does not warrant that the conditions are as thus indicated
Cm-or is satisfied with all job conditions, includiig underground conditions and has not relied on
information fumiied by CityKXVlWD.
7. ~cooe of Wok Con- shall perform all as follows, and as more specifically detailed in the Contractor’s
Proposal attached hereto:
I. Landscaue /Site
a.
b.
c.
d.
e.
f.
9 -
h.
i.
L
k.
I.
m.
n.
0.
Weed& cultivating and brush control both mechanically and with chemicals.
Felt&@.
Shrub trimming, pruning, training.
Tree juuning and staking.
hrigation control.
Generalpcstandro&ttcontx4.
Mowing, vexticu~ aerifjkg.
General litter control and grounds policing.
higation system maintenance and repair.
PLant repkicement.
Ha&cape cleaning.
over seeding.
Access roadway clearance and visibility maintenance.
General drainage structure and system maintenance.
Tot lot maintenance, repair and irqection.
II. Light& and Other Electrical Systems
Ill. Walls. Fences, and Gates
IV. Buildings and Ancillarv Structures
8. l&M of Citv/cMwD to Change ScoDe of Work. CityKMWD 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
right to apply for a rate revi
City/cMWD BcCOdhg to
Amendment to Agreement
. A Standard Amendment to Agreement shall be prepared by scribed in Carl&ad Municipal Code Section 3.28.172. Such
effective or invalidate unaffected portions of this Agreement.
Should Contractor and CityKMWD o agree to the terms of the requested change within 60 days
after a request from City/CMWD, C reserves the right to competitively bid said services.
9. standard of wok contractor shall the work described herein in accordance with the highest
maintenance standards as stated in hnical provisions, attached hereto. All work shall be performed to the
satisfaction of the Public Works D a his designee. Contractor aud City/CMWD shall meet at least
monthly to determine progress . Any work that does not meet the
satisfaction of the Public Works D cost to City/CMWD~
All material used by Coutractor shall new, bigb grade, and diet from defects and imperfections, unless otherwise specified. All materials shall he subject to the approval of City/CMWD, and shall be approved
by City/CMWD in advance.
10. Personnel - Contractor shall furnish pffsarmelasmaybentcessaaytopovidettreservicesr#luiredbythis
Work shall be performed by competent
mechanica& etc. main
approptiate systems.
who shall be respons
performed by a California State
with au heal, state, and federal
All personnel working at the
approved by CityKMWD
cotltracta who are found
enced workers. Ekctrical, building, plumbing, irrigation,
workers skilled and experienced in the
competent supervisor
, where required, shah be
responsible for compliance
s regarding pesticide usage.
ood character, neat appearance, and in appquiate dress as
wear identification badges or patches. Persons employed by
by City/CMWD shah be discharged or reassi~ed by Contractor
11. of the Jmmigration
II ccmply with these
requirement including but not limi to, veri@ing the eligibility for employment of all agents, employees,
subumtractoq and consultants that eluded in this Contract.
12. safety Recuirement. All work
maximum safety to the pub
work required by this
Contractor when tmsa
this contract.
under this Contract shall be performed in such a manner as to provide
ply with ail safety standards required by CALOSHA.
vices aud take any other actiou necessary to jxotect
of the public in connection with the perfotmance of the
es the right to issue restmint or cease and desist orders to
d or reported relative to the performance of the work under
his operations.
property resulting from
result of the fault a
negligence of said contractor or his em ees in connection with the performance of the work.
13. Machinerv and Equinment. Contractor ah provide machinery and equipment sufficient in capacity and
number to perform the work required this Agreemeut in strict accordance with its terms. Said machinery
c
aml equipment shall comply with all federal, state, and local requirements fa such machinery and equipment as
hey now exist or may be amended in the future, and be registered with the California Departrncnt of Motor
Vehicles.
Nothing herein shall preclude Contractor from substituting other equal equipment due to maintenance or other
factors upon prior notice to and approval of City/CMWD.
City/CMWD upon 24 hour notification to Contractors
All equipment shall be available for inspection by
Equipment used by Comacta for work to be done
under this Agreement shall not exceed four years in age, unless certiGcation is presented to and approved by the
Public Works Director that equipment has been completely overhauled and/or rebuilt.
14. Schedule. Normal working hours fa maintenance purposes shall be an eight-hour day between the hours of
7:00 a.m. and 6100 p.m., Monday through Friday. Care shall he made as to not making excessive noise adjacent
to residences before 808 am.
Contractor shah submit to CityKMWD for approval an annual maintenance schedule indicating time frames
when items of work shall be accomplished per performance requirements upon Contract award. Contractor w submit revised schedules when actual perf~nnance differs substantially firolD planned performance.
written notification of ah “specialty type” maintenance operations shall be given to CityEMWD in the
monthly work schedule unless it is an emergency or non-routine. In those Cases, 48 hours notice will he given prior to each of these operations by Contractor. “Specialty type” maintenance operations are generally defined 85: (1) Landscape; preemergence weed txmtd, turf aerification, turf dethatching, seeding, preventive and curative ~lieatiou for turf fungicide and ali pesticide applications; (2) Buildings; painting, roofmg, signage, fkade mod&ations; (3) Hardscape; sidewalk rephtcements, parking lot overlays and striping; (4) Fencing re@ement; (5) Mechanical aud electrical equipment upgrading orreplacement.
In the event inclement weather hinders normal operatioas, Contractor shall reschedule the park maintenauce
activities. Cattmcta shall perfhn all rescheduled work so required at no additional cost to City/CMWD.
15. Debris Dimosal Contractor shall remove and dii of all litter and debris collected under the perfiance of
this Agreement at CityKMWD-designated locations.
16. Street Closures. Detours. Barricades- Warning signs, lights and devices shah be &talled 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 Tmnspor@on and as directed by City/CMWD.
If Contractor fails to provide and install any of the signs or traf% control devices required hereby or ordered by
Cii/CMWD, City/CMWD may cause such signs or traffic control devices to be placed by others, charge the
costs therefare against Conuactor, and deduct the same fi-om the next progress payment.
17. Underuround Excavations. Contractor shall be responsible for locating all,underground utility Ames 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 (l-800-422-41 33) 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
City/CMWD 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 CityKMWD with names and telephone numbers of at least two
qualiied persons who can be called by City/CMWD representatives when emergency maintenance conditions
occur during hours when Contractor nomud work force is not present.
to said emergency with 60 minutes from receiving notification. Contractor representatives shall respond
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 to the
approval of the Public Works Director/General Manager.
Contractor shall maintain in full force and effect during the term of thii Agreement, a Bond fa Faithful
Performance fkom a corpora& security satisfactory to City/CMWD.
authorized to do business iu the State of California.
Said corporate security shall be duly
Said Performance Bond shall he equal to one hundred percent (100%) of the estimated annual amount of this Agreement.
21. Cancellation Clause If Contracta refuses 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/Ch4WD or any extension thereof,
or fails to complete such work within such tune, or if Contractor should he adjudgea hanlcrupt, make a general
assignment for the benefit of creditors, or if a receiver should be appointed on account of Coutraetofs
insolvency, a if Contractor or any subcontractors violate any of the provisions of thii agreement or if
contractor fails to make prompt payment for materials or labcx or if Contractor persistently disregards laws,
ordibces, a insttuctiona of CityKMWD, City/CMWD may serve written notice upou the Contractor and
Cou~ofs surety of its intention to declare this Agreement in default, said notice to contain the reasons fix
such intention to declare a default, and unless within ten (IO) days after the service of such notice, such
violations shag cease and satisktuy arrangements for the corrections thereof he made, this Agreement shag upon the expiration of said time, he in default
Upon such default, CiKMWD 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 fifieen (IS) days after the serving upon it of a Notice of Default, give City/Chfm
written notice of its iutention to take over and perform this agreement or does not commence perfiiauce thereof within thirty (30) days from the date of notice fkom CityKMWD, 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
ChyKMWD for any cost or other damage and in such event CiQKMWD may, without liability for doing so,
take posse&on of and utilii in completing such work, such equipment, and other proper@ belonging to
Conm that may be on the site of the work and he necessary therefor. Should surety fkil to take over and
diligently perform the agreement upon Contractor’s default, surety agrees to promptly on demand, deposit with
CityKMWD 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 lkmishing its own employees,
materials, tools and equipment, CityEh4WD shall receive reasonable compensation thereof including costs of
supervision and overhead.
22. Jkue & Alcohol Free Worlculace The CityKMWD is committed to maiutahing 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” hcorporated by reference herein.
Contractor agrees that Contractor and Contractor’s employees, while performing service for the City/CMWD,
on CityKMWD property, or while using CityKMWD equipment will not he 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 CityKMWD property or using CityKMWD equipment of the City’s objective of a safe,
23.
heahhful and productive workpl~~ ad the prohibition of drug or tdd101 possession, use or imphat frOm
me while performing such service for City/CMWD.
City/ChiWD has the right to terminate this Agreement and any other agreement Contractor has with
City/CMWD if Contractor or Contra&r’s employees are determined by the Public Works DirectorKkn~
wager or his representative to have breached the proviskms of Section XXl herein as interpreted and
enforced pursuant to the provisions of the City of Carl&ad “Drug and Alcohol Use Policy” incorporated by
reference herein.
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 acknowhxlges that if a false claim is submitted to City/CMWD, it may be considered
fraud and Contra&~ may be subject to cktinal pkecukn. Contractor acknowledges that California
Government Code sections 12650 et set, the False Chums Act, provides for civil penal&x where a person
knowingly submits a false claim to a public entity. These provisions include firlse chums made with de&rate
ignorance of the false information or in reckless disregard of the truth or fglsity of infonaatiou. If the city/cMwD seeks to recover pcnaIties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney’s fees Contractor acknowledges that the fling of a false claim may subject Contractor
to an admiaismtive debarment proceeding whereiu 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 jt&&tion is grounds for the City/CMWD to disqualify Contractor from the sekction process.
The provisions 0fCarlsbad MunE@ Code
&he claims are inccapomted herein by reference.
2B25,332.026,3.32.027 and 3.32.028 pertaining to
itiid)
24. Status OfThe Contractor, Contractor shall perfwm the services provided for herein in Contmctofs own way as au independent Cormactor and in pursuit of Contract&s independent callmg, and not as an employee of
City/CMWD. CoMractor shall be under control of CityKMWD only as to the result to be accomplished, but
shall consult with CityKMWD as provided for in the request for proposal. The persons used by Connactor to provide services under this Agreement shaIl not be considered employees of CityKMWD for any purposes
whatsoever.
Comactor is an independent Contractor of CityKMWD. The payment made to Contractor pursuant to this
Agreement shall be the full and complete compensation to which Contractor is entitled. CityKMWD shag not
make any federal or state tax withholdings on behalf of Contractor or his/her employees or subconnactors.
City/CMWD shaIl not be required to pay any workers’ compensation ilWWiUlCe OT UWlIlplOpXmt CodiitiOns
ou behalf of Contractor or his&r employees or subcontractors. Contractor agrees to indemnify CityKMWD
within 30 days fix any tax, retirement contr&utkm, social security, overtime paymen unemployment payment
or worked compeusation payment which CityKMWD 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 City/CMWD from any balance owing to Contractor.
25. Compliance with Law. In performing the services required under this Agreement, Contractor shall at all runes,
at its soles cost, comply with all applicable laws, permits and licenses of the United States, the State of
California and the CityKMWD 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. Assianment OfContract. Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of CityKMWD.
27. Subcomactin~. Contractor shall not enter into any agreement with another person or fnm to perform any of
the obligations under this Agreement without prior written consent of City/Ch4WD. If Contractor shall
-
dxmmact any of the work to be performed under this contract by the Contractor, Contractor shall be felly
responsible to City/CMWD for the acts and omissions of Contract&s subcontractor and of the pm- c&a d&&t m j.&r&ly emplo+d by the subcontractor, as Conbacfor 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
s@fically noted to the contrary in the subcontract in question approved in writing by CityKMWD.
28. Verbal Atzreement Or Conversation. No verbal agreement or conversation with any officer, agent, or CI@OY~
of City/CMWD, either before, during or after the execution of this Agreement, shall affect or modii any of the
terms or obligations herein contained nor entitle Contractor to any additional payment whatsoever under the
terms of this Agreement
29. ln~cation. Contmctor shall assume the defknse of, pay all expenses of defense, and i.ndenmiQ and hold
harmless City/CMWD, and its officers, officials, agents and employees, fkorn all claims, loss, damage, injary
and liability of every kind, nature and description, directly or indirectly arising from or in connection with the
jxrfbnnance 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 wapcaused solely by the active negligence of Cii/m, and from any and all claims, loss, damages,
iajuty 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
CityKMWD. The expemes of defence include all costs and expe+es including attorneys fees fix litigation,
arbitxation, or other dispute resolution met&d.
Contractor shall also defend and indemnify CityKMWD against any chaknges to the award of this Agreement
to Coeactor, and Contractor will pay all costs, including defease costs for City/CMWD. Defense costs
iaclude the cost of separate counsel for CityKMWD, if CityICh4WD requests separate counsel.
30. Iasurance. Contractor shall procure and maintain for the dumtkm of the Contract insurkce against claims for
iajuries to persons or damage to property which may arise fium or in connection with the performance oftbe
work hereunder by Contractor, his agents, urpmsentatives, employees or subcontractors Said insurance shall
mete% the policy of CityKMWD for insurance asstatedinResolutionNo. 91-403.
(A) COVERAGES AND LIMITS- Contractor shall maintain the types of coverages and minihnum limb
iadicted here&
1. Comprehensive General Liabilitv Insurance - $l.OOO.OOOz
combmed single Limit per occurrence for bodily injury and property damage. If the policy has an
aggregate limit, a separate aggregate in the amounts specikd shall be established for the risks for
which City/CMWD or its agents, officers or employees are additional insureds.
2. Automobile Liabilitv Insurance - $1 .OOO.OOO:
combined single limit per accident for bodily injury and property damage. In addition, the auto @icy
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’ Comuensation and Emulovers’ Liabilitv insurance:
Workers’ compensation limits as required by the Labor Code of the State of California and Employers’
Liability limits of $1 ,000,OOO per incident Workers’ compensation offered by the State Compensation
Insurance Fund is acceptable to CityKMWD.
(B) ADDITIONAL PROVISIONS- Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile
Liiilii Coverages:
I _ The CityXMWD, its officials, employees and ~01~11tems arc to be coved as additional insureds
as respects: liability arising out of activities perfumed by or on behalf of Contracts, products and
completed operations of the contra&~ premises owned, leased, hired or borrowed by the contractor.
The coverage shall contain no special limitations on the scope of prokction afforded to City/CMWD,
its officials, employees or volunteers.
2. Coatmctofs insurance coverage shall be primary insurance as mspects CitykIvfWD, its officiak
employees and volunteers. Any insurance or self-insurance maintained by City/CMWD, its ofkials,
employees or volunteers shall be in excess of Con&actor’s insurance and shall not contribute with it
3. Any fake to comply with mporting provisions of the pdicies shall not affect coverage provided
to City/CMWD, its officials, employees or vohmteers.
4. Coverage shall state that the coatmctor’s insurance shall apply separakly to each insured against whom claim is made or suit is brought, except with respect to the limits of the ins&s liibilii.
(C) “CLAIMS MADE” POLICIES- If the iusarance is provided on a “claims made” basis, coverage shall be
amiutaiaed for a period of three years following the date of completion of the work
(D) NOTICE OF CANCELLATION- Each imsurance policy requi=d 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 beea given to City/CMWD by ceztifkd mail, return receipt requested
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.IR) LEVELS- Any deductibles or self- insured retention levels must be declared to and approved by City/CMWD. At the option of City/CMWD,
either theinsure shall reduce or ehukate such deductiiies or self-insured retention levels as respects
City/CMWD, its officials and employees; or Contractor shall procure a bond guaranteeing payment of losses
and dated iavestigation, claim admidaion and defw 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 ac@-e against CityXMWD or any of its
ofticial!l or employees.
(G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under its policies or shall
haish separate certificates and endorsements for each subcontractm. Coverages for subcontractors shall be
subject to all of the requircmcnts stated h&n.
(X-l) ACCEPT’ABILITY OF INSURERS- Insurance is to be placed with insurem that have a rating in Best’s
Key Rating Guide of at least A-:V, and arc 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 shaR furnish City/CMWD with certificates of insurance
and original endorsements affecting coverage required by this clause. The cerrificates and endorsements for
each insurance policy are to be signed by a person authorizcd 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 City/CMWD before work commences.
(J) COST OF INSURANCE- The Cost of all insurance required u&der thii agreement shall be included in the
Contractor’s bid.
.
3 I. Responsible Parties. The name of the persons who aft authorised to give fim notices 0~ to receive written
not& 011 behalf of the CityKMWD and on behalf of the Contractor in connection with the foregoing - a
follows:
Doug Duncanson, Park Maintenance Superintendent
I I66 Carlsbad Village Drive
Carl&ad, CA 92008
32. Business License. Contractor shall obtain and maintain a Cii of Carl&ad Business License for the dumtioa of
this Agreement.
33. Eatire Asmement. This Agreement, together with any other written document refemd to or contemplated
herein, embody the entire agreement aud understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor aay 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.
Executedthis l3* ,199s.
contractor
F’ONDEROSA LANDSCAPE INC.
in the
By: n WT ai iwe
(sign here) J CIPAL WATER DISTRICT, a
(print madtitle)
ALETHA L. RAU
city Clerk/Secretq
I5 r99g
(proper notarial acknowledgment of execution by Contractor must be attached.)
(Rdkd w vin-prcsident aad Kcrrtsry ot mistant w mt sign fin Corporations. I~OI@ OIIC ~fficct sipru, the eorpartion mu.qt sftach rrtEolurioacutifiCdbylhcxcrelalyorassistantsnrrtarywdacorporatt~ anpowering that 0ffiCa to bind the arpomtion.)
APPROVED AS TO FORM
F.
; . CALIFORNIA ALL-PUR~SFACKNOWLEDGMENT -
Countyof * I
/ 9.9 2 before me, Qawp I L&r , NoTAlwPusl.c
personally appeared /%?!! &/a
0 personally known to me - OR -pproved to me on the b&is of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me’that h&he/they executed
the same in k#&erltheir authorized
capacity(ies), and that by h.is&efltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Thoughthedgtabelowisnotrequiredbylaw,itmayprwevaluabletopersonsrelyingonthedocument andcoUdprevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D PARTNER(S) RUMITED
[23 GENERAL
00 ATWFlN~;N-FACT
; ;mU;UWCONSERVATOR
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER Is REPRESENTING: NAhiEOFfFrlSom~~ES)
SIGNER(S) OIHER THAN NAMED ABOVE
OlS93 NATIONAL NOTARY ASSOCiATKM l 8238 Remmel Ave., P.O. Box 7184 l Canogg Park. CA 913087184
. . .
CITY OF CARLSBAD
PARK MAINTENANCE SERVlbES
CONTRACT No. PMs8oo1’
.-
coNlRACTOR’S PROF’OSAL
citydcarlsbad
1209CarlsbedVillage-
-,-9zoo0
Theundersigned-heEshehas~ -thekjmtlon?3afihewbtk,readthe
NoticelnvidingBlcfs.~meAgreementDocuments.andlherebyproposes toflmliia
~.mderials,equipment, tr-fmmhandsenrices accfxdarlcewith % - bdo~the~leandm AgreementfwPsrkW~~-, he/dwaltiakeinfullpayment-the~~pricdsforcaeh-&~bw#:
ofo&
FteglJlia~s~~perk-wd ~hinall~i3-,tO
inMdeaNofthefkMwlng(morefuliy desdbad in.sample Agf+mmt t#ocummls):
l
l
l
0
l
l
I - ~;~-krigateaw=--- necemwytofnajrWia~appearanceand
- m Maln~- Makrtain all inigatior, systpms. . . . . JuH M-- Vans =Ummw ll&-Ch-Novsmber.andasTneeded -Mow,edgeand~m;CIItwfareasa~kastwddyfiwi December-February,twattwpermltting.
walks.curbs.~courts-wash~~dl~~,~,and~~ -
asphalt- -swfaceSwleekly,
t
-CuJtivateandweedallplaMersandground~#eesat .
. Trimminaand.~ -lrimandpruneallshnhsandplantsinaccordancr,*good
necessafytomaintakrahealthyappearance andcondii.: . Y-J-t-~Q--w -Keepdltllffaraas,~,bads,trees,andtreewsns clearandfreeofdl~,~,andrfiseasesatalliimes~
- enancesupefintendent. fbmedd~- Reseed all turfareas~~as?ct$ by the Park *nt
Jr- a shb -?-FM -s ’ nse,anytrees,stuubs,turfor
gfoundanferwhichdiesasa&of tzibmcws&.
IrafficControl-RovSdeanddisplayaWsafety~~sndjtrafficanbPlsaSaWtimeswhen
vvowlginthepublicIlght~-way. . . mf ~ratlorl and lJ=td-m -Aerateandthatchallturf’;aressiflac#udanoewithgood
horticulturalpraclicas.
5
.
2. Hafdingcommumycenter xl2 3096HardingStreet 196.00 2,352. -
3. HospGrovePark
2210 Jemmxm 93.* x 12 /,I16.00
4. HOSpGKYV8T~Area xl2
w~way~Monroestreet /06.cJo /,272.-
5. Jefh?mmDuck-Area xl2
2205Jemsanstmet /07.ob f,ZW.~
6. OekParlc xl2
30!50FioPicostraet Sll.O@ .648-m
7. PiPlPark 27OOPiof’koStreet
8. LarwinPark
2603V-sheet
0. seniorcanter&cunplex. 799PineAvenue
10. Car CounQiPark
5405PaseoddNate
70.60 x 12 BYO. 00
q3m x 12 ‘_ /,I%. 00
4Y0.Qo x12 r/,376.06
me.* x12 q 536Ao
jl. Ftot2uyPafk a-16 00 ,x12 .-- -statssbeet@-w-street z,5%2 *cm
12 MaxtonBalmunParlt
2soo stata stmet 19.f.00 xl2 2,=?2.00
13. communityosrvekpmentofficas
2075 Las Palmas Drive
xl2 Z05.00 3,YZO~oo
14 C.M.W.D. Headquarters
595oDcaminoReal 363.00 x’2 4,‘356.00
- 15. laCostaLcwResefv&
AJgaR@%nike_aSofAlicante
16. l D” Resenmir
La Costa Slvd. 6etween Aviara
PdMpldElCMlhlOReal
95.00 x’2
x 12
q5.00
I, I40 30
~,lW.U&7
6
.
. .
11.
.--
3
.-
_-
.FfbWVOil i-iitblVayLeyRO0d’rlmilenwth ofPa&narAirportRoad
;
~~@o x 12 57 6.00 1
TofdfbgubvParhMa~ SmdcaasotrMmbdabovp=
Pti@S~g#hWabcnra~firmkx9O~efferdaleOrbid~.
-urn(a) No(s). --I- - be&lfaadved -4 is/afakrckdedinthisproposal.
/
ThaU~~cheoked~al~~~~ and-thatcilywiii notbe~ibiaforanyenoioromissSon inpleparingttrisbid.
*-. lheUndersignd#lagreasfhatinwseofde~ultin requimd~tractwiltl
=-=Y~l-~applicabJ-wfchedted) fiOllltheda~OfawardOfcanbadbyth8City~C --~(20)~ auihmzethaaward oftilecontraddothe~orthkdiowestbiddef. I ,
TheUlldWS@WMddw~,underpenalty
h-beunderrignedbidder~~asm /
thecityofcatwadispefsody
thosea3ntahed4nthisformofContradandthep madeapatthemofbyitsterms; and 2 That~bwismadewithoutcon~withany
bMforthemmework,andbinallrespectsfaira
7
ITEM LOCATION NO. ANNUAL ITEM TOTAL
21. cayHaN8ndubmrycanpfex
t200 Cartsbad VWagm Brtve w % L).IB81,00
Eudyptus tree pfudng
.
GRAND TOTAt AMOUNT OF BID, INCLUDLNG ITEMS T-2t, tN WDRDS:
5ihPsix MO&’ -hm hB+&if?? d&u cm&w &(tr/5 . .
CRAW0 TOTAL AMOUNT OF BID, 1NCLUDfNG ItEMSa 1-21, tN NUMBERS:
DOUG DUNCANSON
--
. .
TheundersignedisawaredubBprovisiiofsection3i
-- accdamwSththe~ofthatcode,
pm~beforeeommendingthep-ofthew $OMl%tiS~b.
(2) w @iven and tryag-W=tW
(3)PIawof6tJshss
cityandstate
(4) Eip code Telephone
JF A CORPORATlfDN. SEN HERE:
- (1)Nameundt3r blJsim&isamd~ PO
(2) signakrre
7% tsrDEwt-
me
btagmestocornpiywittrslJch imfofthisCantractandoontinuet0
.
lrtnef)(Note:sQgMturemltstbemade
demo b&y+ Int
(3)incorporatedlmderthelawsafthe~ob
(4)Placemf-
I 8
.
-I i .a
.
Stateof Ca rC ‘16
CO”“ty ;;
\ . 19% before me,
appeared fi PA + I ’
m wqair4? 1 Y
U
0 personally known to me -OR- ,& Ii roved to me on the asis of satisfactory evidence to be the
Witness my hand and offiial seal.
CAPAaw CulmD BV smNEua#
OHDMDUALCS)
DuMpolulE
ATTENTION NOTARY
lhekdormatiorrrrpuestedbekwarldinths-totheriQhtisopTIoNAL- necor~ofthis docwnem is not required by law end is also optional. R could, however. prevent fmhJknt a- of this certificate to any llna@b&ed dlxxmellt.
MIslmTmcATE TiiaTypdDDRmrrr
ulm e ATrAaED
TvmEDocvuEm tbbUdRgn~DLO’-
DEscAmEDAT~
s@swolhmmmr4umedAblm
crms
op- ullwlEo
CIA- U FAti
07#)slmu
DOUhW
DOWER.
~UONERtSREFMSENTUOl
FkrnotpkronblWEnuvasd
~FOW82240kr.2-24lprbdmi.2Al 0 1ss4W#colTsFonMawe. yL--osT wlnl SlGNM cAPAclwmEmEsEul*n0 FlNcERp#wTI
.
WTAf?iALAC~w&t%~~~ =Ul’lON By&l. SIONATORIES MUST BE AlTACiiED
9
DESlMAltON OF SUBCONTRACTORS
Thecuntractofcertifieshakhehasusedttle~ofthe~~contradorsin
makinguphismerwandthattht3~~0stedwi9beusedforthewofkforrnhichthey
bid,subjecttothe~ofdPubticWorloDl~,andin~ *applicawe . . . and-41ooetseq.dthepuMIc-cod6-
~~~F*~maNo~~bamadehthese
-~u~~~~~~~~~llrof~~of
carkbad. The~ins#mrrtc#r -Pqmcan beattadwdifmquired: .
9 ‘IL8 QU249Or) ib
10
.
AMOUNT OF SUBCONTRACTORS’ BIDS
Thebldderbtopfovldethefollowkrg -kbfomNmonlhe-dallthelisted~~
aspartoftheseale!dbid~. Aclcmmlpsgescanba#ached,lfrequked.
.
l Lkensesammnewabb annually. If no valid IIcense, lndlcate “NONE.’ Valid llcense y.st beobtalnedpriwtosubm)ssion ofsignedcontrads.
11
.
6tDDER’S STATEMENT Of RNAWAL RESPONslBlLlW
(ToAi#xm\panyProposd)
.
12
.
-.
.I
BIDDER3 STATEMENT OF lECHNlCAL ABILITY AND EXPERIENCE
crOAccompi#ly-~
TheElkkkkrequkedbsta~~wwkdasknlar~tothatindudedinthe~ contfaclheisheharr swxl;essfultmtiw references.~Belephonermmbers, whichwillenaWe~Citytoludge~responsibaity,eJcperienceandskiR. AnatWhment wnbew3d.
CzL
N8meandAdcJressof NameandFWhe ’ Al-nomtof
compkted hEmplo4rer NuIiberdPelsonto Typeofwork cxlntma contact.
PtE95G 3GE w7h3+eb
I
. .
.
I
J
13
PONDEROSA LANDSCAPE, INC.
CONTRACTOk EXPERIENCE, CURRENT REFERENCES
cuRRENTMuNIcIPALcoNTRAcTs:
CONTRACTNAME:
CoM-RAcrt:
DATES
TYPE
PRICE
SCOPE:
CONTACTI
CO?WUXTNAMEz
C0NTluKTfk
DATE&
TYPE
PRICE
SCOPE
CONTAC’E
CONTRACTS
coNmAcT4k
DATES:
TYPE
PRICE:
SCOPE:
COlWACTz
Citpf~-
95015
o2no/9stotheprescnt
PrimeCOKMCkK,~~
sa~=-b An~medianrintbccitydcarlsbad
AfblKpasartXWiSosedtO~savias ulibidbinchdc~
edgiD&~~~wcal~and~as
we4lascunpleropestuxdrol.
CITYOFCARLSBAD -1200 cTa&bad v.i Drive
Cadsbad, CA92008
Atw FredBend (760)434-2806
07/01/96toApd2,1998
PrimcctJmmcm,gcaunds *-
S 19,800 anmdly
Afourpasaaacwisusedtopafonaservices wllichlnchdt&
edg&fiatilizatiaq~prmriqg,dccmtrd,dpdicing,as
ti-=w-eP-- CITYOFCARLSBAD
12ofmulsbadviDnive
Cadbad,CA92008
At& Fd Ben& (760)434-2806
cityofcar~Lacostan-5Intachangc
96024
06/01/98 to the preseat
Prime-,graundsm
s 15,120 ztnmlly
AfOlUpersar~isuscdtOperforrnstruic# which-e
edgiIl&~acrating,pnuriag,wecd~andpoliciqg,as
wellascompl~paccQzl~
CITYOFCARLSBAD
12ooCarls~villagtDrivc
Cad&ad, CA 92008
Attnr FredBemeII (X0)434-2806
PONDEROSA LANDSCAF’& INC.
CONTRACTOR EXPFiRIENC~ CURREKT REFERENCES
CONTRACTS
coNTRAcT4k
DATES:
TYPE
PRICE
SCOPE
CONTACTZ
cityofsan~,watgutilititJDcparbnas
%019 (j+dasc Or&r i/271979)
12/01/97totbepnseat
prime-,,graunds
$ 16,836.OO amuaUy
ACitdC&d~~Sit6~timesper~iSUSCdtO~savicea wlrichiacludcnwrwiarg,m mpnmiog,*
~o~~~&~-=w~pcrt~.
5530 Kiowa Drive
La Mtsa, CA 91942-1331
AmKMr.PaulAlesi
Tel.: (619)668-3250
-
PONDEROSA LANDSCAPE, INC.
CO?+JTRACTOREXPERENCE, CURRENTREFERENCES
cuRRENTMlLITARYcoNTRAcT:
CONTRAtX’NAME: VaaiousNavyFamily~Sitcs:
Cabd.loNavyFamilyI-Ia&gKcamyMcsa .
CbestertoaNavyF@MWViista LafiBeaNavyFamily~CbulaVish HarhnanNaYyFamily~paciqcRr?adr
BonitaBhfEsNavyFadyHoushg,LunatGmvc
StradAmdStmdBN~Fanrily~~
Nav+Amp&biousBasc, Corona& GakwayNavyFadyHoushg,PointLma
CONTRAcrR: N6871 l-87-C-S 123, N63387-93~D-7028 awl N63387-94-D-4394
DATES: Oct&x1989topresent.
TYPE Asasu~tothcprimcamhraetorDTHManagianarc _
Group, P.0.C: H.F. Law, Ph.: (619)268-3749
PRICE ho ucmss ofs 1,500,ooo alnhdy.
SCOPE tzontmd~avaagc45-SoMtilnctmplaycts.
18tmdczmd6lzuge~rmwen. Btfaidkonaud~
basehausingthroughoytsanDicgocamsy.cmtractcordrad
-=nvkeaapinaw- &lcrat+trcc~po~~pestcontrol,~
repair=dvpl=- CONTACT PRmmCOmmk
DTH MANAGEMENT GROUP, A.J.V.
7476 Well&ton Way San Diegn, CA 921 I l-5733
Am: HF. Law, Ph.: (619)X8-3749
. PONDEROSA LANDSCAPJ2, INC. TEcHNlcALAB~
. BIDDER’S CERllFlCA’M OF fNS!JRANCE FOR GENERAL UABILITY, Enm.oyms*
LlABtUTY,AUTOMOTfVE ~ANDWMKERS CONIPENSATloN
--
14
wl=m &$-‘&-a =~-452-~~@4 “i;” . . . . ..-C-
l 88fooo tn- M /j++ JQJ&p
I .- I -- b 2-m Bwa51363m
a&w-
x-m
x+m-
x-m
-
UIIQm
Mum
CEQLhwauv
-m
I--- ,--
A -en
I I
CUcmo1*2*3
-8nw
01l01lsm
O$/Ol/H
I w- ~r2,0DD,DDo
OS/O1/2P ) Folmucm-~wo~r2,000,qeo
PrrmwrhwAnr $1,080,888
--_ 8 1,080,86~ ~~-(ktrr*r) u . . se,WO u91)9I(Lyms~ I 5,000
ot/oi/w --QLw ~1.888.8w we
~ss= t .-
EzzF I
ms mDoj?sEMEm CHAtdOES ME POUCY. PLEASE READ K CAREFULLY.
-:. . . . _*. -- - ~-‘.*.;-k\t.‘z,&. . . ._ .
AUTOMATlCADDmONALJNSUREDS-CONSfRUCTlONCONTRACS
-mpwkknr-- . - . sEcTIoNI-COVEWLQES
-.-.- - Y12 a - Jim. 10 139882~42p)Ips
. . - ‘.-
.
CONSTRUCTION CObdTRAm$
.
. . .
hrio@r IM- plr#-51) -
?,.a: noa 609006 Ima Diagu CI 92160
k8cmmnEcamlogme F-- 619-541-1906 wmd- 221 - -
-0
zzg ii%?-- At-: parrlurio?lDf2%M l2wcul;rbrdvillageRrivm culrbd Q 920004a89
c -. .’ .
-
BIDDER’S STATEMENT RE DEBARMENT
mAccompanyPtoposal)
.
peiDdofdebhme&. periodor-
w-
nd&M bndee, Inc . h2tmed~ctor~
33e-r -a\W% Resident W-1
15
. .-
t .
.
-.
. -
. .
NON-COLLUSION AFFIDAVIT TO SE EXECUTED
BY BiDD@R AND 8UBMD WITH BID PUBLIC CONTRACT CODE SEcnoN 7106
stabofcaKfan& ) )ss. -
corntyd 1
(NOTARY SEAL)
16
July 15, 1998
Ponderosa Landscape, Inc.
426 North Cedros Avenue
Solana Beach, CA 92075
RE: CONTRACT FOR PARKS MAINTENANCE SERVICES
Enclosed for your reference are copies of Agenda Bill No. 14,757 and Resolution
No. 98-227. These documents went before the Carlsbad City Council on July 7, 1998,
and approved the agreement with your company on that same date.
Also enclosed for your reference is a copy of the fully executed agreement with the City
of Carlsbad to provide parks maintenance services for one year, with the option to
renew for four additional one year periods.
If you have questions regarding this agreement, please call Mr. Kevin Davis, Carlsbad
Purchasing Department, at (760) 434- 2808.
KATHLEEN 0. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (760) 434-2808 @