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HomeMy WebLinkAbout1998-07-07; Municipal Water District; Resolution 10211 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b e 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 mainten: services and; WHEREAS, proper bidding procedures have resulted in the receipt of a bid frc qualified vendor; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carl5 Municipal Water District as follows: 1. The bid of Ponderosa Landscape Inc., 426 North Cedros Ave, Solana Be CA 92075, is hereby accepted and the Purchasing Officer is hereby author and directed to issue a purchase order for park maintenance services. 2. That the President of the Carlsbad Municipal Water District is he authorized and directed to execute a contract, a copy of which attached and on behalf of the Carlsbad Municipal Water District, for one year, which be renewed by the General Manager for four additional one-year periods, revised prices to be set after mutual agreement. PASSED, APPROVED, AND ADOPTED at a special meeting of the Board of Directc the Carlsbad Municipal Water District held on the 7th day of July 1998, by the following vote to wit: AYES: Board Members Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Board Member Nygaard I ATTEST: (SEAL) 0 0 PARK MAINTENANCE SERVICES AGREEMENT This agreement is made this I q t~ day of d~~i L.? ,19 9 g a by and between the Cit of Carlsbad, California, a municipal corporation, (hereinafter called "City"), the Carlsbad Municipal water Distric 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".) CityfCMWD and Contractor agree as follows: 1. m. The term of this Agreement shall commence upon execution and continue until June 30,1999. This periods or parts thereof, based upon a review of satisfactory performance and the needs ofthe CityfCMWD. The parties shall prepare extensions in writing indicating effective date and length ofthe extended Agreement Agreement may be extended by the City ManagerlExecutive Manager for up to four additional one year 2. DescriDtion 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 suppliers, 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 ofthe Agreement, City/CMWD will be the interpret& of the intent of the Agreement Documents, and the decision 0; the City/CMWD relative to said intent will be final and binding. Failure of Contractor to apprise subcontracta 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 hoposal 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 herei by this reference. 5. Pament. For all compensation for Contractor's performance of work under this Agreement, CityKMWD sha 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 ofthis 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 unab 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 the IOa day of each month. Payments will be delayed if invoices are received after the 10" of each month. ~ submitted according to the required City/CMWD format to the Park Maintenance Superintendent no later than 6. Independent Investigation. Contractor has made an independent investigation of the job site, the soi: conditions at the job site, and all other conditions that might affect the progress of the work, and is aware 01 e 0 those conditions. The Contract price includes payment for all work that may be done by Contractor, whethe anticipated or not, in order to overcome underground conditions. Any information that may have beel fiunished to Contractor by CitylCMWD about underground conditions or other job conditions is fo Contractor's convenience only, and City/CMWD does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied 0: information fbrnished by CityICMWD. 7. Scope of Work. Contractor shall perform all as follows, and as more specifically detailed in the Con~ac~ofs Proposal attached hereto: 1. 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. Inrigation control. f. General pest and rodent control. 9. Mowing, verticutting, aerifying. h. General litter control and grounds policing. 1. Irrigation 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. Buildings and Ancillary Structures 8. Ripht of CityKMWD to Change Scoue of Work. CitylCMWD may require other changes to the scope of wo~ 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 re 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 1 om the work described herein in accordance with the highest maintenance standards as stated in the t chnical provisions, attached hereto. All work shall be performed to tl satisfaction of the Public Works Direct r or his designee. Contractor and City/CMWD shall meet at least . satisfaction of the Public Works Direct r shall be redone at no additional cost to City/CMWD. monthly to determine progress and ide ify any areas needing attention. Any work that does not meet the 1 I All material used by Contractor sh gh grade, and fi-ee from defects and imperfections, unless otherwise specified. All materials subject to the approval of City/CMWD, and shall be approved by CityrCMWD in advance. 10. Personnel - Contractor shall hrn el as may be necessary to provide the services required by th Agreement in a safe and efficien Work shall be performed by c enced workers. Electrical, building, plumbing, higation, mechanical, etc. maintenance ed by workers skilled and experienced in the appropriate systems. The w ughly skilled, experienced and competent supervisa who shall be responsible . Pesticide operations, where required, shall be performed by a Californi Contractor shall be responsible for complimci with all local, state, and All personnel working d in appropriate dress as approved by City/CM es. Persons employed by on fifteen (15) days notice from CI Contractor who are found not to b by CityjCMWD shall be discharged or reassigned by Contract1 1 1. Immiaation Reform irements 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 limit to, verifying the eIigibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. i 12. Safety Requirement. All work perform d under this Contract shall be performed in such a manner as to providl maximum safety to the public and whe 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 e job and safety of the public in connection with the pedormance of tt work required by this contract. City/C WD reserves the right to issue restraint or cease and desist orders to Contractor when unsafe or harmfbl acts are observed or reported relative to the performance of the work under this contract. Contractor shall maintain the landscape and park area fi-ee of hazards to persons andor property resulting from his operations. Contractor shall be responsible for ail 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. Machinery and Equipment. Contractor hall provide machinery and equipment sufficient in capacity and number to perform the work required der this Agreement in strict accordance with its terms. Said machiner) J I 0 e and equipment shall comply with all federal, state, and local requirements for such machinery and equipment Vehicles. Nothing herein shall preclude Contractor fiom substituting other equal equipment due to maintenance or ohe factors upon prior notice to and approval of CityKMWD. All equipment shall be available for inspection by City/CMWD upon 24 hour notification to Contractor. Equipment used by Contractor for work to be done Public Works Director that equipment has been completely overhauled andor rebuilt. they now exist or may be amended in the future. and be registered with the California Department of Motor under this Agreement shall not exceed four years in age, unless certification is presented to and approved by t] 14. Schedule. Normal working hours for maintenance purposes shall be an eight-hour day between the hours of 7:OO am. and 6:OO p.m., Monday through Friday. Care shall be made as to not making excessive noise adjacf to residences before 8:OO a.m. Contractor shall 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 shall submit revised schedules when actual performance differs substantially fkom 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 define( as: (1) Landscape; preemergence weed control, turf aerification, turf dethatching, seeding, preventive and curative application €or M 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 electricai 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 c this Agreement at City/CMWD-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 City/CMWD. If Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered k 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 fiom the next progress payment. 17. Undermound Excavations. Contractor shall be responsible for locating al1,underground utility lines to insure tt 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 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 comptetec report monthly to CityICMWD. 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 reSpo1 to said emergency with 60 minutes from receiving notification. 20. Faithful Performance The standards of performance which Contractor is obligated to perform hereunder are t stan&& which are considered to be good landscape and park maintenance practices and shall be subject to * approval of the Public Works Director/General Manager. Contractor shall maintain in full force and effect during the term of this Agreement, a Bond for Faithfhl 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 ( 100%) of the estimated annual amount of this Agreement. 21. Cancellation Clause If Contractor refuses or fails to prosecute this Agreement or any separable part thereofwi such diligence as will ensure its completion within the time specified by City/CMWD or any extension thereoi 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 City/CMWD, 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 (10) 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, City/CMWD 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 CitylCMWD 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 City/CMW 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 from CitylCMWD, City/CMWD may take over the wor] 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 CitylCMWD 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 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 furnishing 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 polic 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 CitylCMWD, on CitylCMWD property, or while using CityJCMWD 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, 0 0 healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CityICMWD. City/CMWD has the right to terminate this Agreement and any other agreement Contractor has with CitylCMWD if Contractor or ContractoA employees are determined by the Public Works Director/General Manager or his representative to have breached the provisions of Section XXl 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 a! 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 ifa false claim is submitted to CityICMWD, it may be consider fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., 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 CityKMWD 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 Contract to an administrative debarment proceeding wherein Contractor may be prevented to act as a Contractor on an) 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 disqualifL Contractor fiom the selection process. RAinitial) The provisions of Carlsbad Municipal Code secti aitia1) 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 a; 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 City/CMWD 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. CitylCMWD shall not city/CMWD shall not be required to pay any workers' compensation insurance or unemployment contribution, on behalf of Contractor or hidher employees or subcontractors. Contractor agrees to indemnify City/CMWD within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment paymen or workers' compensation payment which CityKMWD may be required to make on behalf of Contractor or an employee or subcontractor of Contractor for work done under this Agreement or such indemnification amount may be deducted by CitylCMWD fiom any balance owing to Contractor. make any federal or state tax withholdings on behalf of Contractor or hisher employees or subcontractors. 25. Compliance with Law. In 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 thc 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 City/CMWD. 27. Subcontracting. Contractor shall not enter into any agreement with another person or fm to perform any of &e obligations under this Agreement without prior written consent of CityICMWD. If Contractor shall 0 * subcontxact 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 &he] directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions ofpersons directly employed by contractor. Nothing contained in this Agreement shall create any contractual relations1 between any subcontractor of Contractor and City/CMWD. Contractor shall bind every subcontractor and evt 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 City/CMWD. 28. Verbal Ameement Or Conversation. No verbal agreement or conversation with any officer, agent, or emploq of City/CMWD, either before, chuing or after the execution of this Agreement, shall affect or modify any of tl terns 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 holc harmless City/CMWD, and its officers, officials, agents and employees, fiom all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with thc performance of the contract or work; or fiom any failure or aIleged 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 CityjCMWD; 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 CityiCMWD. The expenses of defense inchde a11 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 Agreeme1 to Contractor, and Contractor will pay all costs, including defense costs for City/CMWD. Defense costs include the cost of separate counsel for City/CMWD, 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 he work hereunder by Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the policy of City/CMWD 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 Liabilitv 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 hit per accident for bodily injury and property damage. In addition, the auto polic! must cover any vehicle used in the performance of the contract, used onsite or off-site, whether ownec 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' ComDensation 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 Compensatiol insurance Fund is acceptable to CityICMWD. (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 City/CMWD, its officials, employees and volunteers are to be covered as additional insured 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 contract01 The coverage shall contain no special limitations on the scope of protection afforded to City/CMw its officials, employees or volunteers. 2. Contractor's insurance coverage shall be primary insurance as respects City/CMWD, 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 provide 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 insurefs liability. (C) "CLAIMS MADE" POLICIES- If the insurance is provided on a "claims made" basis, coverage shall b maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed ta state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after th* (30) days' prior written notice has been given to City/CMWD by certified mail, return receipt requested. (E) DEDUCnBLES AND SELF-INSURED RETENTION (S.1-R) LEVELS" Any deductibles or self- insured retention levels must be declared to and approved by CityICMWD. At the option of City/CMWD, eithex the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects CitytCMWD, its oMicials 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 CityKMWD or any of its officials or employees. (G) SUBCONTR4CTORS- Contractor shall include all subcontractors as insured under its policies or &all furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (€3) 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. 9 1-403. (I) VERIFICATION OF COERAGE- Contractor shall finish CitylCMWD with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements €or 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 City/CMWD before work commences. (J) COST OF JNSURANCE- The Cost of all insurance required under this agreement shall be included in the Contractor's bid. e 0 3 1. Responsible Parties. The name of the persons who are authorized to give written notices or to receive writte] notice on behalf of the City/CMWD and on behalf of the Contractor in connection with the foregoing are a~ follows: Doug Duncanson, Park Maintenance Superintendent 1166 Carlsbad Village Drive Carlsbad, CA 92008 32. Business License. Contractor shall obtain and maintain a City of C&sbad Business License for the duration this Agreement. 33. Entire Ameement. 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 ?* daydf Tu L“ , 1998. CONTRACTOR PONDEROSA LANDSCAPE INC. By: n,, *jhW rL (sign here) 3 &2&T BIAK (print nameltitle) B. bb IIRajMTZ”5d~ (print nameltitle) ALETHA L. RAUTENKRANZ City ClerWSecretary \ b- rq94y DATE i J ” (Proper notarial 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 ma a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: I . CALIFORNIA ALL-PURPOS@CKNOWLEDGMENT 0 NAME(S) OF SIGNEA(S) 3 0 personally known to me - OR -,k? proved to me on the basis of satisfactory evidel to be the person(s) whose narne(s) is/; subscribed to the within instrument and i knowledged to me lhat kf&re/they execul the same in hi.&w/their authoriz capacity(ies), and that by hWbw/th signature(s) on the instrument the person( or the entity upon behalf of which t person(s) acted, executed the instrume Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. CAPACITY CLAIMED BY SfGNER DESCRIPTION OF ATTACHED DOCUMEh TITLE OR TYPE OF DOCUMENT nnw=) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTTP/(IES) SIGNER(S) OTHER THAN NAMED ABOVE .. "_~ """_""""_ - . ~~. .- 01 993 NATIONAL NOTARY ASSOCIATION I 8236 Remmet Ave., P.O. Box 7184 * Canoga pa&, CA 0 0 -. CITY OF CARLSf3AD PARK WNTENANCE SERVICES CONTRACT NO. PM98Q01 CONTRACTOR'S PROPOSAt . .. City of Carisbad 1200 Cartsbad Wage Drive Carlshad, Caliifamia 92008 The undersigned dedares Wshe has car@fuily examined the kjcations of the work, read the Notice Inviting Bids, examined the Agreement Docxrments, and/ hereby proposes to furnish af labor, materisb, equipment, transportafion, and services requir to do all the work in accordance with Agreement for Park Maintenance Senrices, k , bad No. PM98001 and th; he/she will take in full payment therefore the following unit prieeis for each item Comptete, to v hSC%iDaOn Of work Regularly scheduled park maintenance and landscape ser$ce in all designated areas, indude an of the following (more fuUy descn'bed inSample Agrqernent documents): a lrriaation .. Irrigate al! plant and turf as is necessary to ma/ntain a healthy appearance i condition. .- a lrriaation !:vstems Maintenance - Maintain at1 imgation systems. Turf Mowina. Edgina. and.Trimminq - Mow, edge and trim $11 turf areas at. least weekly fn 0 Walks. Curbs. and Courts - Wash or sweep all sidewalks, prbs, courts, and misceHanec 0 Planters and Ground Covers - Cultivate and weed all plariters and ground cover areas least every ten days. TrimminQ and. Pruning - Trim and prune all shrubs and pknts in accordance with QC horticultural practices. All trees shall be kept dear of sidewalks, paths and roadways. maintain is healthy appearance and condition. Fertiliie M treat all plants and trees necessaryr to maintain a healthy appearance and condition. : Weed. Pest. and Disease ConW - Keep aH turf areas, plaFters, beds, trees, and tree wf clear and free of all weeds, pests, and diseases at all times; Reseeding - Reseed all turf areas as directed by the Park Maintenance Superintendent. March - November, and as needed December - February, vlreather permitting. asphalt arid concrete surfaces weekly. - 0 Fertilizing - Fertilize an turf areas at least four times &h year or as is necessary _. Tree and Shfub ReDlacement - Replace, at Contractor's expense, any trees, shrubs, turl Traffic Control - Provide and display all safety devices and traffic controls at all times wt Turf Aeration and Thatching - Aerate and thatch all turf areas in accordance with gc ground cover which dies as a resun of Contractor's neglige+. working in! the public right-;of..way. horticultural practices. - ,. 5 .. - Item No. 1. - 2. 3. 4. 5. " 6, .. 7. 0. 9. 10. ." 11. 12. 13. 14 15. _. 16. 0 0 Location City Hall and Library Complex 1200 Carisbad Village Drive Harding Community Center 3096 Hading Street Hosp Gmve Park 2210 Jefferson Hosp Gmve TraivNatwe Area Wickham Way @ Monroe Street Jefferson Duck Obsemtim Area 2205 Jefferson Street Per Month Rs /I //z 0 m x 12 x 12 !9&. 00 93. * x 12 106. CJO x 12 /07.00 x 12 -~- Oak Park 5q. 00 x 12 3050 Pb Pico Street Po Pica Park 2700 pial Pico Street 70.00 x 12 Latwin Park 2683 Valrlcouver Street q3.00 x 12 ~ ~~.~~ Senior Center & Complex. 799 Pine Avenue ciLfB.00 x 12 Car Country'Park 5465 Paw0 del Norte 37A.00 x 12 .~ " Rotary Park State Street @ Washington Street 316 e 00 .x 12 Maxton Brown Pa& 2500 State Street 19.1.oo x 12 Annual It 13,3 tet3 2,3' I, I1 h2' 4 2 6 F 1, f1 11, 3 43 2, ! zt Commurii Oevebpment Offices x 12 2075 La; Palms Drive 285.00 3, i C.M.W.D. Headquarten 5950 El Camino Real 363*m q; . x 12 La Costa Low Reservoir Alga Roi~d 1/2 mile east of Alicante 45.00 - 1, x 12 'D" Resewoir x 12 La Costa Bhrd. Between Aviara Parkway and El Camino Real q5.00 1, 6 e 0 .. 17. "E" Reservoir Hidden Valley Road '/? mife north 4Sjm x 12 .. . of Pafomar Airport Road 57 6, 1 18. Skyline Reservoir .- . 4277 Skyline Road 35400 qZ.1 z x 12 19. EUery Resenrdr - 2237 Jards Way @$.ob x 12 I, IYC I 20. Urn Reservoir al4.00 x 12 . ." Carlsbad Wage Dr. @ Donna Dr. 2, b; Total Regular Park Maintenance 5,%%.00 643 Service as outlined above: x12 ' - % L i Grand Total amo .- & 4, b i b', 3-a 00 fl Grand Total ;amount of bid, including items 1. - 20, in nwn$rs: $ .-&e 60 Price(s) given above are firm for 90 days after date of bid bning. Addendum(a) No@). 1 haslhave be& recekred and Ware induded in this proposal. " i The Undersiipwd has checked carefully all of the above and understands that City wi not be responsible for any em or omission on the part ndersigned in preparing this necessary [ J Bonds [applicable only if checkea and ins~ d nce polices within twenty (20) day from the date of award of contract by the City the City may, administratively authorize the aw of the contract to the second or thii lowest bidder. ! .., _- The Undersigned agrees that in case of default in exe g the required Contract with I I The Undersigned bidder declares, under penalty of perjud, that the undersigned is licensed 1 do business or act in the capacity of a mtractor within State of California, vafidly license under linsrt number ' '3Za4BY ,-dw%#m C47. . wi expires on - HA ,, and that this statement is true and correct and has the legal effect of an affidavit. -. The Undersigned bidder hereby represents as follows: , 1. That no Council member, officer agent, or emplo of the city of Carlsbad is person; interested, directly or indirectty, in this Contract, or e campensation to be paid hereumder, that no representation, oral or in writing 9 of the City Counal, its officers, 7- agents, ,or employees has inducted himherto entef into this Contract, excepting only those containedin this form of Contract and the pa rs made a part hereof by its tern and p" 2. That This bid is made without connection with any pbrson, firm, or corpomtion making bid for the same work, and is in all respects fair ad withbut collusion or fraud- -. .. 7 0 0 PARKMA"S"CT"~t Addenam= please~anannud18em~kfthe"atclty" eVleryhrrro(2)- ~,"-l(~)w"- thempNnn-hgatthissitiR . ~willbernNo.21.Thebidshalbe~Ontherbgsisd" ITEM LOCATION .. HO. 7 - ANNUAL .ITEM TOTAL 21. City Hall and Library Complex 12041 Carlsbad Village Drive - c fb q-%?7*00 I Eucalyptus tree pruning GRAND TOTAL AMOUNT OF BID, INCLUDlNG ITEMS 1-21, IN WORDS: 5iq4-y- six *oud. "ul - o hvVo(uPed. GiA SW~Z~I ddb GRANO TOTAL AMOUNT OF 816, INCLUOfNG ITEMS- 1-21, IN NUMBERS: $ Gb,2C77.m DOUG DUNCANSON t7,~~w ~$&d % 1200 m ViUaLle Drhre -ad, CA gstoo8-1- rn (6tS) b202S- FAX (619) 4347 _. ~ .- ” - - .. . .- - .. .. I I 0 le 1 i The Undersigned is aware of the provisions of section 3 00 of the Labor Code which require every employer to be insured against habilii for workers’ compensation or to undertake seif- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commending the performance of the rk of this Contract and continue to comply un Ihe contract is complete. Y \ i IF A SOLE OWN-R SOLE CONTRA~OR SIGN &RE: (1) Name under which bus s is conducted I I \ ! (2) Signafture (given and surname) I (3) Place of Business (Street and Nu& by a general partner) I (3) Place of Business \I (Street and Numb City and State \ (4) Zip Code Telephone 140. IF A CORPORATION, SIGN HERE: - (1) Name under which business is conducted vOPdem52 brdscZ~ ! \ C (2) Signature fle4.4- /3/A&Jk? - TbEC1DEN-T Title Impress Corporate Seal he (3) Incorporated under the laws of the State of CPL IF a I A (4) Place of Business YZd fl. CWR75 AG , PU. -0% 3e - (Street and Number City alnd State %Ii3na-Bed ! Lf!l (5) ~ip Cede qix07 5 Telephone No- (6 14) LC81 -66 12 , I 8 i i I -. 0 -. -3 - K \ State of @.d\rCornt a County of - ~a.m (3 1 4csI1 0 lr RIGHT THUMBPRINT (01 0~~!.~4% before me,k&w4 k. ewf I! personally appeared && u 5~ Y - WAMumLE OF OFACERi.e.'JANE NOTARY PUBLIC') 4 co WEM OF SIGN€RIs)I YnWav& IC Pn.f.eU CAPAmV CLAWED BV S OINMVWHIAL(S) OCOAWRATE R ~- ~ ~- ~~- ~~___~ ~~~~~ ~~ ~~ ~~ 17 personally known to me -0R- roved to me on the asis of satisfactory evidence to be the per n(s) whose name(s) i&subscnbed to the within instrument and acknowle ed to me that .. helsh&xecuted the same In authorized capaci hislhem and that by his- signaturek) on t instrumentthe person(s1, or the entlty upon behalf of which the person(s) acted, executed the instrument. 8 1 ISEAU ,ofFICER(Sl mN OPARTNEWI OUMKEI OCENERI OATTORNEY I FACT OTRUSTEEtSl OGUARDIAAIYICONSERVA' OOlHER SldNER 1s RfPRESEMTWQ mme of Rnonl.) w Entic RIGHT muwmwn 101 Witness my hand and official seal. r P CAPACtTY CLAW BY SI ocoRpoRA7E OFFIcER(SI O(NDWDUAL(Sl AlTENflON NOTARY The information requested below and in the cotumn to the rimt is OPTIONAL. m Recording of this documem is not required by law and is also optional. It could, however,, prevent fraudulent attachment of this certificate to any OPARTNER(SI OLlMllEEo unauthorized document. OGENERP THIS CERNFICATE TI 0rTvps of Ooamera OTRUSTEElSl MUSTBE AllAMED OGUAROlANlCONSaWAl OATTOfWEY tN fACT TOMEDOCUMENT Wunasrof~~DamofDoamsnt OOMR DEscRlBED AT RIGHT s@luls, omsr 7ha.I Nsmcd Abow - SlONER IS REPRESENTINO: IN- of mWnlrl01 mt WOLCOTTS FORM 83240 R.v. 3-94 bricc el& 8-2AJ '1, WOLCOTTS FORMS, INC. AU PURPOSE ACKNOWLEDGMENT wlTn SIGNER CAPAC~WIREPRESENTATIONIWO NNGERPRINTS L ~l~lll~l~l~ 0 0 NOTARIAL ACKNOWLEDOEMENT OF EXECUTION BY ALL SGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all genqal partners, and managing partners: *-dh Q&Tfl/4d Ye ~ c- I\ -9% J2E.r~qLb--4 - \ 6414~ - yid hi!& 9 0 0 DESENATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractof certifies Wshe has used the sub-bids of the foHawing Wed Contmctors in making up hi- bid and that the sub-contractors listed will be used fur the work for which they bid, subject to the approval of the Public Works Director, and in accordance with applicable provisions of the specifwtths and Won 4100 et seq. of the Public Gmtrads Code- Subletting and Subcontracting Fair Practices Ad" No changes may be made in these subcMltradors except upon the prior approval of the Publk Works Director of the City of Carlsbad. The fOll~ information is required far each subarttractor- Additianal pages can be attached if required: This project does not have bid items designated as "SPECIALTY ITEMS." Items of Complete Address Phone No. - Wark Full Comanv Name yuithZipCade. &" "UEE 5ANWUSGN MA)UEdANCE 9.0. *X Z3ZS20 PRUN lNCI Am 7QEE Sm\c€ Leucsdib, ccs qaw-2828 rtbe 9w?qa ~ ~~ _~_~- IO 0 0 - AMOUNT OF SUBCONTRACTORS' BIDS (To Accompany Proposal) The bidder is to provide the following infwmation on the sub-bids of all the listed subcontradors as part of the sealed bid sutxniion. Additional pages can be attached, if required. Full CamDanv Name Type of State Contrading Carlsbad Business Amount of Bid License 8 No. jjcicense No.' l$ or %I " s~rrpp~a~ wid=d)Atx& mb Cm' 59~522~3 ?;%:;ti 23% mGG S€!RVIG . ~ ~- ~" _. Licenses are renewable annuaUy. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 11 e .. BIDDER'S STATEMEN" OF FINANCIAL RESPONSJSILITY vo Ampany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may be submied under separate cover marked 'CONFIDENTIAL." desw see sepm-&e cme&bd&A"~ ~ -~ ~- ~~ - ~-~~ ~~ .~ ~ - ~~ ~~~ ~ ~~- ~- 12 0 e " BIDDER'S STATEMENT OF TECHNICAL ABlLlTY AND EXPERIENCE m AccM.npanY P~posal) The Bidder is required to state what work of a simitar character to that included in the proposed Contract hdshe has suc&essfully performed and give references, with telephone numbers, which will enable the City to judge hisiher responsibility, experience and skill. An attachment can be used. Date Amount of Name and Phone Name and Address of Contract Contract Type of Work Nurriber of Person to the Employer Completed Contact I I I * 13 0 0 PONDEROSA LANDSCAPE, INC. CONTRACTOR EXPERIENCE, CURRENT REFERENCES CURRENT MUNICIPAL CONTRACTS: CONTRACT NAME: City of Carlsbad, Medians CONTRACT#: 950 15 DATES: 02/20/95 to the present TYPE: Prime contractor, grounds mahrmce SCOPE; AllthemediausintheCityofCarhbad PRICE $60,000 anrmaUy Afourpersoncrewisusedtoperforms~whichincludemawin& edging,f~on,aedng,pnurin&weedcontrol,andpolicing,as well as complete pest COntroL -1200 Carlsbad Vie Drive Carlsbad, CA 92008 Attn: Fred Bernell(760)434-2806 CONTACT CITY OF CARLSBAD CONTRACT NAME: City of Carisbad, Palomar -13 RW-5 interchange CONTRACT #: 96000 DATES: 07/01/96 to April 2, 1998 TYPE Prime amtractor, gromds maintenance PRICE $19,800 annually SCOPE AfwpersoncrewIsusedtoperfonns~whichincludemowin& edging, fkrtilization, aerating, pruning., weed eel, and policing, as well as complete pest control. 1200 Carlsbad Village Drive Cartsbad, CA 92008 Attn: Fred Bemell(760)434-2806 .CONTACT: CITY OF CARLSBAD CONTRACT NAME: City of Carisbad, 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 mwing, edging, fertilization, aerating, pruning, weed control, and policing, as well as complete pest control. 1200 Carlsbad Vdlage Drive Carlsbad, CA 92008 CONTACT: CITY OF CARLSBAD Attn: Fred Bernell(760)434-2806 0 a PONDEROSA LANDSCAPE, INC. CONTRACTOR EXPERIENCE, CURRENT REFERENCES CONTRACT NAME: City of San Diego, Water Utilities Department CONTRACT #: 96019 (Purchase Order #271979) TYPE Prime amtractor, grounds rmkhmce PRICE: $16,836.00 annually SCOPE Adedicatedcrewonsitethreetimesper~isusedtoperformservices DATES: 12I01/97tothepresent which iuclucle mowin& edging, fermization, aerating, pruning, weed wIl.tro~andpoli~asw~asmpletepestcontr01.. CONTACT CITY OF SAN DIEGO 5530 Kiowa Drie Attn: Mr. Paul Alesi Tel.: (619)668-3250 La Me CA 91942-1331 e 0 PONDEROSA LANDSCAPE, INC. CONTRACTOR EXPERIENCE, CURRENT REFERENCES CURRENT MILITARY CONTRACT: CONTRACT NAME; Various Navy Family Housing Sites: Cabrillo Navy Family Housing, Keamey Mesa Chesterton Navy Family Housing, Linda Vista Lofm Navy Family Housin& Chula Vi Hartman Navy Family Housing, Pacific Beach Bonita Bl& Navy Family Housing, Lemon Grove Strand A and Strand B Navy Family Housing, coronado Naval Amphibious Base, Coronado Gateway Navy Family Housing, Point Larna CONTRACT #: N687 11-874-5 123, N63387-93-D-7028 and N63387-94-D-4394 DATES: October 1989 to present. TYPE As a subcontractor to the prime contractor: DTH Management PRICE: In excess of $1,500,000 anuually. Group, P.O.C.: H.F. ha, Ph.: (619)268-3749 SCOPE: Contract personnel average 45-50 IkIl time employees. 18 truck and 6 large ride- mowers. Maintain on and off base housing throughout San Diego County. cotdract seMces include mo&, e&ing, fktilization, verticutting, aeratiug, tree pruning, policing, pest control, irrigation repairandmanagementplans. DTH MANAGEMENT GROUP, A. J.V. 7476 Wellington Way San Diego, CA 921 11-5733 Ann: HF. Lauer, Ph.: (619)268-3749 CONTACT PRIME CONTRACTOk 0 0 Technical Abilities PONDEROSA LANDSCAPE, INC. TEcmcALABw Ponderosa Landscape, Inc. provides a wide range of services which include; mowing, edgtn& pruning, planting, fwtilizatios turf care, tree iqxction, pest management, and all phases of irrigation instaUation and maintenance. Cdy, OUT staff. consists of Certified LadscapeTechni~~ and htified Laudscape Technici-on, 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 alI phases of laadscape grounds management. Pondemsa Landscape, b. supports the California Lands~pe Contractor’s Association (CLCA) Certified Landscape T~~Pr~by~~anpl~~becamecemfiedm~~and~~on, axxi our managers have sewed as judges in the program. 0 0 - BIDDERS CERllFlCATE OF INSURANCE FOR GENERAL LIABIUM, EMPLOYERS' LIABILITY, AUTOMOWVE UABIUTY AND WORKERS' COMPENSATION (To Accompany Proposal) P' eese %e attded I - 14 ~" "" -- 7- -. San Diego CZI 92121 ponderosa rjadodape cluClOOlS293 0~11as1363~ CITP or CARLSBN) DEcunoYMIL-.~~caur*r"~ ~m=-ydntltonetanclurr~~~t~~ 0mCE OP THE " om. CITY mu 1200 cILRt88AD VI- DRZVE CMUEIAD CA szaoe ~~ ~"~ 0' 0 POLICY NuhJ48EFk~~~ NmmEA- Cow.i€RcIAL GENE~ULUAI THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. .. . . . . .. "'.I.~ "._. A.""L.&"k.<..>i2.. .. .... . AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRAC .. This endorsement modilies insurance pravlded undu tbe logowing: .. COMlJIERClAL GP(&.SAL tIA8luN COVERAGE PART Thistrsdarstmerrtchanges~=poacyetfccitveonme~pliondateot~epo~~ssanotherdateislfidlfatedbek Endomoment ufedhro. ?WE WSURANCE CORPORATION OF NEW YORK SpIzlirWlm NamedIr#wed: CaUntemBy: mimaim (&th~riz-od R") nl0fdbwing ~hs are add& S€CnON I - COVERAGES SubpM(l)(a)ofExdusicrnf.dCowrageA.itreplaceCbythefosowing: Ator~anyp~~sito,orIoc260n~ich~or~ianytimeamreQoroccupiedby,orrentedorlaenec thelasure SEcx30N II -WHO IS AN INSURED S. Any pews) of orgmimEon{s) (hereInaffer called 'ACdftlorul tnaured.) with whom yuu agree in a mi#m consttud ~b~maasan'rrsundb~~m'ttrraspccttoltabisty~altd4/ara~for0le~ddmonal~~ anthe~speciliedInthe~aonoactimludbrgacfsorandss~softhe~~al~fnconnec( vvitnIho~SUup9nrisiond~WtXk' Hawwor,thOhsUK+JlCaprovidedbthOAddmonal~eddoes~apFtyto: .. a. 'Badily **: 'properly damage.' or 'personal injwy,. occulmg an% (1) AH WO~ m tke praiect [other h -&a. - or repairs) to be peeonned by or on ~ehan of tl (2)~at~orttanof'ycwwcxk'outdwhicr,theiniwyudamagearlserhube4fipur~oits~~~eby~ Pe=n or oqpimian ather w ?nor)rer cmtnetdi or sub-r er;ga$jed h pertamdng opent-cns tor EMpalasapafldfhesamoprcjeC Addirronalktsured#thesiteafUtec3vered operetlonshasbeurcorrgle~or ~~212403S7 "@ . . -~ -~" __ ." " 0 0' p611c("Bm. m- €fBuxEA- COMfJIEiiClAL -W . .- AUTo~~~T~C.ApS.ITIO~AL!N~EDs - CoNStRUCmoN C*NTRAC (COflt.) .. ._ t~.m~pqdmge~ta . (I) Pmpdy med, used, or occupied by or rented ta The Additicuui lnsufect #P~br~ecan,~.or~dtheAddifiaclat~~or~r~meAddilianaikrsuted~fa pwpdseexenang physwe.or {3)Yaur"m"- c. wodii injury,' propeny rlamage,' or 'pew injwy; a-m out of an acciuucTS, CC~rr'6,oc ou1y0 rendedng of ot t;jhtre b mtdet any pmfedonal swims fer y0u;ror me ACcttian;il Insured. CI for ahem. inclul (1) The preparfng, approvbrg, or "g b spprwe maps, drawings. opinions, rm, survey^, change art 0. designs.or-and (2) Supervkory, inspection, or enginem seruicw. The~e~appty~a~ta~~hthe~eP~ SH3"J 111 - UMKS OF WSUWCE Thekdlowingprovkiankadadded: Thenambyld#learMleAdditianaltnsutocrsdbw~~~~e~stktsunnce. SEC~&N-CWMERC~ALGENERALUAWWCC)ND~NS For UIS cavertqe pravidod by this endorsement a ~~~~(s)(a)of~dthwIn#panceprovisknis~~bye~oltawing. Ins- whelher prtmary, m, contbrgent, or on any ow basis. fa)Nsins~bprimay.andourobliqationsM~~~byanyalherinuuanCecanSedbysrrchAdQtic b. Subpur {S) (Transfer d Right$ d Recowry Ag&s! 0th~ To Us.) b replaced by rhe w - IftheinsuredhzuriOhtnh?~~otpbRdS~Paymsnt~hav+~~au~ttristGveragePdn.~erig =e Wwed to us, unle;# such tights mm waived by a witten cmmz pdor ru any OUxrrtencB- d Ms. T towuMhelpwsenfmceWn. krsuredmw~nnothinp~ff~ta~air~ Atwreguesttheinuredwillbring=suKortransfergMserigi t ~~21240397 ?age ?e- 0.0. Bos 609006 Saa mego CA 92160 douIun A CitifOW coqyY!eaa Ipt co 0 coIRAw* I oaadecoarr Landsup I=- P.O. - 3e5 solaza Ikada CA 8297S I IT I 17 ~~~ ~~ a" MA." s0IDuLB)NKOs -LopRIFI I c-0 city of C;rrf- city m1 At-: Rurhasbg OfFLCer 1299 Culsbad Village Drin carlghd a 9200&"91)6 g = IHQULDMr6CII(E"~UE"V PI#Unm~TEMltBDF.NrrmYOQ*PUII"~CII*l UI+am"Fo"~"~mt WT~mIIULOUon~~~~~ORw- ' -*. L/ " - 0 0 BIDDER'S STATEMENT RE DEBARMENT. (To Accompany Proposat) - 1. Have you or any of your subcontradm ever been debarred as an irresponsible bidder by - % Yes no another jurisdiction m the State of California? " 2. If yes, what &ere the name(s) of the agency(ies) and what washere the period of debarment(s)? Attach add~onal c0p.k of this page to acammdate more than two debarments - party debarred party debarred. - agency agency . .- - period of debarment. period of debarment - - By Contractm. .. P,nd~- bndsue I I nc . (name of Cantractor) BY .nnc-rfi/A&c - (sign here) .- (print name/tiue) %=ET -\a*, ?resident - _. .- " .-. 15 .I -. - - _. . .. " .- " - - .- " " " - ." - 0 0 NONICOLLUSION AFFIDAWT TO BE EXECUTED 8Y BIDDERAND SUBMI'ITED WlTH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 counfy of 1 1 =* k?- hL , being first duly sworn. deposes and says that he or she is (Name of Bidder) of F0fl-M hU3t?&P€ he. (Name of F~) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, a undisclosed person, partnership, company, assodation, organiration, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not dirsctty w indirectly induced 4 solied any other bidder to put in a false or sham bid, and has not directly or indiredly cdluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, that anyone shall refrain from bidding; that the bicwer has not m any manner, directly or of the bidder or any other bidder, or to fix any overhead, profit, or cost dement of the bid price or of that of any other bidder, or to secure any advantage against the public body awarding th contract of anyone interested in the proposed contra& that all statements contained in the bii are true; and, further, thatthe bidder has not, dii or indiredty, submitted his or her bid prit or any breakdown thereof, or the contents thereof, or divulged infomration or data relative themto, or paid, and wiU not pay, any fee to any corpocation, parjnemhip, company associatia organization, bid depository, or to any member or agent thereof to effectuate a collusive w sham bid. I declare under penalty of 'ury that the foregoing is he and correct and that was executed on the T+h day of JdU€ 3 I9 Pr indirectly, sought by agreement, c~munlc;ation, of conference with anyone to fix the bid pria &cy RL~ Jc. Signature of Bidder . Subscribed and sworn to before me on the t ( day of * C31'um-c ,199fb (NOTARY SEAL) 16