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HomeMy WebLinkAbout1998-07-07; City Council; Resolution 98-2271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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: g g&m *L&yR*lirENKRANz. civya (SEAL) 0 0 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 0 0 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 0 0 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 I -~~~ ~ 0 0 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 0 0 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, e 0 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 0 0 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 0 0 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. 0 0 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 0 0 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. 5 0 0 - 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 ~-~" 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 I 6 1, z 049 6m.a 8~0, o( 1, // 6. o( /I' 376.0 4#536.( 2/ 592 *( 2,292. 3, q 20. ~~ ~ 4,356. I, 140 . I, I 4 0. .. 0 0 .. 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: " " N/A 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 7 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 && Jcc 1200 bbbad Village Drhte Carfsbad, CA 92CSQ8-1989 * (839) 434-2825. FAX (619) 434-7185 0 e 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 .. . (2) Signature (given and surnam (3) Place of Business " (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 " (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 8 .. 0 fi I \ 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. Fs (SEAL) > \- II 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 0 0 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 .. . 9 0 0 " " 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 .. ._ - . .. 10 0 e " 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* - . .._ - ." " - - * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 11 0 0 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 - ~~~~~ ~~~- ~~~ - ~~ ~ ~ ~~ ~ ~~ ~ ~ " - " " " .. " 12 0 a .. . " " .. " - 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 J " .. 13 0 0 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 0 0 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 0 0 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: 0 0 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. 0 e BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) P Ie2se eee ,t)uched " - " - - 14 ,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.; ..... >' .' . ....... ...._... . ... >... .,,.I.. 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 .. This endarsement changes &e policy effective on the incsptjon date of We policy ufliess another date is Ifldic&ed below. r 1 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: .. (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 ~ ~~"_~_" .. ." " - ,.'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 , . : : 0 x... .... ,,,. >,. ... >."....>.x.. 3. ,h .:,<.vA...*;.>,: ,.">.X<. .. 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 C Solana Beach CA 92075 D COMPANY ....................................................... .......................... " . ........,....... ~ ., ..... ~,.:,.:~.~~,,~ ..,.. ~ ......,...,...,..,. " ..,,., .,~ ...-,; ,.,... ;,.: ...~.,.~,. :., ~...~~. :.:,,.:.: .~... :, ...................... v ..... ",.~ .....,.......,............. I ........................... ...... 1 .................................. I ., ....... ~ ,._... 1 .................... ~....(. :, ., .........-....... . ....-. ..... r~-:~:.:~:i.::,,.i.~d~%*'*:~.:.*.**.;.~,.; ....... *.,,~ ." .....,......... ~ , ........................................... ~ ...... _,~.l ........................... I ...........".j..~.....I ............11............I.....,......._.,....... n .....,....... ~ .X ......... _,. ...._... -... 1.: ..,., ". a.l,+ _,.,,,. ~X ,.,,. n ....... c .... n .... I . ...,...... n ..... ....................................... .. ..... ........... ,?:? . .:+..:T: ...... .................................................... . .... ......... .:,:':..~~~~:.:.,~.,~ ............. :/. ~,.~~:~:~ ......... ........ ....... (( .... :,:.; ,.... ................... ............................................................................................ .......... . .:,.,.... y.: .... ...... :~~ ~LSTOCE#IIFY~~THE~S~F~U~~B~~WHAMBEP~ISSUEDTOTHEDJSURBE)~DABCH~EF~RTHEWL~CY~ UVMCQTED.hEOTWm(STANDMKiANYR~~,1+RMOR~~~ANYCONTRACTOROrnm~~~WnwREsPECrTOW~TWIS (I.'.'.... ..r..':_....'..'.'... \.../ ......'........*'. :,:.,...I I... *I .*.. :...,(.:% .....,.... ~,?.:.*:...7...- .,.'. :.<< ...,,. ^:,..(..,>l~..r >:* ..,..., :,:,:.: ,.:,,: d.-.>,*.< (.,:(.:.((...:n:r y,.. * ,,:,. ~ ..,. ~ ....,........ .. <....~.....>:.>:,* ..., .....,...... ...........,. ..............*,.......... *,+ 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 "ERALWLZN S PROWcrS~~X>PAGG EACHOCCuRRENCE 5 c PERsoNALdAwlNlwN RRE "ME cw w r,) 1 s ~ocpmY~.De~) js AWDMGSlE- MAW0 AU0WNu)AVTOS SCWEWLEOAUTOS ") c%xaNEo-um 5 - 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 s E OTwER~uML3REUAFoRM S A-EGAIE tnlBumAFoRM S EA" UtESs UeJUN 5 Tn. :, ............ >..<.., ........... ., ............ '..+., WdltKUISCdUPWS~ t3APl.mRwLI~ :.x,<:..<.:.>:.:.: .......... ~ ................. r.;o;.;~,r.;:.-.r;.r..:r.i:i.,',~d:::~~;~~,~ .~~.u.~.:rrra:~.~i<x~~~~~.~.~:.x ELLEACHAcaDEHT Is 1,000,000 WftCERsARE: ma ELWEAS-EAEMPLQYEE~E ~,OOO,OOO A ~PROPRIETOW ?" 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? - " - .- - - g 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) -. 15 -. 0 t - -.. " " .- - - - "- " 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) 16