April 7, 2026, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
April 7, 2026
Honorable Mayor and Members of the City C~~'wil
Eric Heidemann, Director of Public Works ~\
CITY COUNCIL
Stephen Jackson, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Award of Agreement to Brightview Landscape Services for Starridge Park Turf and Path Improvement Project and Appropriation of Funds
An informal request for quotes for Starridge Park Turf and Path Improvement Project was requested on September 8, 2025, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCAA) which allows informal bidding procedures for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide quotes for Starridge Park Turf and Path Improvement Project. Three (3) quotes were received and reviewed by staff. Staff determined Brightview Landscape Services to be qualified to provide these services at the best value to the City.
Recommended Action:
It is recommended the City Council:
1) Award the Agreement for Starridge Park Turf and Path Improvement Project to Brightview Landscape Services in the amount of $219,816.88;
2) Authorize an appropriation of $219,816.88 from Capital Improvement Fund (General Fund -Fund 1060) unassigned fund balance; and
3) Authorize the City Manager to execute the necessary documents.
Discussion:
To support the community's recreational needs and maintain the functionality of Starridge Park, improvements are recommended to restore turf areas and enhance park access. Turf previously removed as part of the City's proactive efforts to reduce irrigation during a statewide drought will be restored, along with other areas in need of improvement. In addition, the parks commonly used rear entrance will be upgraded with a decomposed granite (DG) pathway, improving accessibility and safety for park users.
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April 7, 2026, Item #5
The project scope includes reinstallation of turf within existing mulched areas and replacement of any dead or deteriorated grass. Site preparation will involve removal of existing mulch, soil grading, and addition of topsoil to create a level, nutrient-rich base for healthy turf growth. The irrigation system will be updated, repaired, or expanded as needed, with drainage improvements incorporated to support the new turf.
The project will be implemented in two phases. The phased approach ensures seasonal alignment for optimal turf installation while addressing both immediate restoration needs and areas impacted by heavy use. Phase 1, tentatively scheduled for Spring and Summer 2026, will focus on restoring turf within the mulched areas and replacing the baseball field outfield. This phase will also include the installation of the DG pathway from the park's southwest corner, connecting to the existing concrete footpath. A map of the proposed pathway is included below for reference.
Phase 2 is tentatively scheduled for Fall 2026 and will focus on turf replacement in remaining dead spots throughout the park, as well as restoration of turf in areas impacted by heavy use. Phases 1 and 2 turf replacement are illustrated in the map below, labeled "1" for Phase 1 and "2" for Phase 2. 2 of 24
April 7, 2026, Item #5
The City requests an appropriation offunds to support the proposed improvements at Starridge Park, which are not included in the current fiscal year's budget. Staff recommends the allocation of funds to allow for timely implementation of the project in Spring and Summer 2026.
The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCM) which allows informal bidding procedures for public works projects under $220,000. Staff contacted CUPCCM registered companies to provide quotes for the Starridge Park Turf and Path Improvement Project. Three (3) quotes were received and reviewed by staff. Staff determined Brightview Landscape Services to be qualified to provide these services and presented the best overall value to the City. A summary of the quotes received is listed in table 1 below:
Table 1:
Vendor Quote
Brightview Landscape Services $219,816.88
LaBahn's Landscaping $242,576.53
Tri-Group Construction and Development, Inc. $375,842.00 Copies of all quotes are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Approval of this item includes an appropriation of $219,816.88 from the Capital Improvement Fund (General Fund -Fund 1060), unassigned fund balance to the Park, Trail and Landscape Maintenance account (414040-41200) to complete unplanned required work of this project.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Appr:~d Bf_,_,
Ch~
City Manager
April 7, 2026, Item #5
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
8th
day
of
April,
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
BRIGHTVIEW
LANDSCAPE
SERVICES
("the
Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
for
providing
Starridge
Park
Turf
and
Path
Improvement;
WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor
. During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
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ATTACHMENT
A
April 7, 2026, Item #5
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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April 7, 2026, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item; and
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
April 7, 2026, Item #5
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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April 7, 2026, Item #5
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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April 7, 2026, Item #5
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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April 7, 2026, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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April 7, 2026, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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April 7, 2026, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
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BRIGHTVIEW LANDSCAPE MAINTENANCE
By:------------
Alejandro Mojarro Mercado, Associate
Account Manager
April 7, 2026, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to provide Starridge Park Turf and Path Improvements as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on September 8, 2025, which is included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing April 8, 2026, and ending April 7, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination."
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual 13 of 24
April 7, 2026, Item #5
liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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April 7, 2026, Item #5
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Brightview Landscape Services
980 Jolly Road, Suite 300
Blue Bell, PA 19422
(Remainder of page intentionally left blank)
April 7, 2026, Item #5
BrightView ~
ATTACHMENT 1
Landscape Services
Proposal for Extra Work at
City of Poway
Property Name
Property Address
City of Poway
Poway
Contact Frank Quijada
To City of Poway
Poway, CA 92064 Billing Address PO BOX 789
Poway, CA 92064
Project Name Starridge Park -Trail Addition, Sod Rehabilitation, Install and Irrigation and Sod Patching Project Description Starridge Park -Trail Addition, Sod Rehabilitation, Install and Irrigation and 16 of 24
Sod Patching
Scope of Work
Starridge Park Turf Rehabilitation -70,750 Sq. Ft of Turf Site Preparation
Remove all existing mulch from designated areas.
Dispose of mulch in accordance with local environmental regulations.
Irrigation System Repairs
Inspect and repair damaged lateral irrigation lines.
Install and adjust Hunter 1-20 rotor sprinkler heads for optimal coverage.
Raise irrigation manifold on the south side of the park to align with the new sidewalk elevation.
Soil Preparation
Add 2 to 3 inches of topsoil across the prepared area to promote healthy sod growth.
Grade and level soil to ensure proper drainage and even surface.
Sod Installation
Install high-quality sod over the prepared soil.
Water sod immediately after installation to ensure proper rooting.
Monitor and adjust irrigation system to support sod establishment.
Final Inspection and Cleanup
Conduct a final walkthrough to ensure all work meets project standards.
Clean up all debris and excess materials from the site.
Sod Replacement
Removal and Installation: Cut, remove, deliver, and install 18,775 square feet of SF.
THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otheiwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026
April 7, 2026, Item #5
BrightView ~
QTY
DG Trail
5.00 1.00
5.00 1.00
Lanchc.iµcServices
UoM/Size
EACH
Proposal for Extra Work at
City of Poway
Hybrid Bermuda sod (p. 1). This includes using a sod cutter (p. 1).
Soil Amendment: Deliver and apply two bags of Simplot Sulfur Turf Grade soil amendments (p. 1).
Labor: Provide the necessary labor for all sod-related tasks (p. 1 ).
Decomposed Granite (DG) Trail
Construction: Construct a new trail using five yards of decomposed granite (p. 1).
Edging: Install seven railroad ties and fencing posts, railing, and edging with stakes to define the trail boundaries (p. 1 ).
Finishing: Use a 1/2 ton roller for compaction and finishing (p. 1 ).
Labor: Provide necessary labor for all DG trail-related tasks (p. 1 ).
Material/Description
LUMP SUM
Railroad Ties
Labor
YARD Decomposed Granite (DG)
DAY 1/2 Ton Roller -Daily Equipment Rate
Demo and Prep
1.00 1.00
1.00 432.00
Irrigation
22.00 700.00
1.00 1.00
4.00 Sod Install
1.00 DAY
DAY
LUMP SUM
CUBIC YARD
EACH
LINEAR FEET
LUMP SUM
LUMP SUM
EACH
LUMP SUM
Sod Patching
18,775.00 SQUARE FEET
1.00 2.00
LUMP SUM
BAG
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Operator
1,500LB Skid Steer -Daily Rate
Labor to Grade and Prep for Sod
Topsoil -2" to 3"
Hunter 1-20 4" rotor
PVC Pipe -Schedule 40
Misc. irrigation parts -fittings, glue, adaptors, bushings, etc.
Labor to install lateral lines, set sprinklers and Raise Valve Manifold with Isolation Valves
Rain Bird PESB In-Line Valve with Scrubber and Flow
Control 1-1/2" FPT I RBL 150PESB
Bermudagrass Sod -70,750 sq. ft. Installed
SF. Hybrid Bermuda sod -Turf Installed
Delivery Fee
Soil Amendments-Simplot Sulfur Turf Grade
THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otherwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026
Total
$6,366.12
$54,889.95
$7,620.47
$82,364.69
$68,575.65
April 7, 2026, Item #5
BrightView ~
1.00 LUMP SUM
For Internal use only
SO#
JOB#
Service Line
8871732
473302009
130
Labor
Proposal for Extra Work at
City of Poway
THIS IS NOT AN INVOICE
Total Price
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This proposal is valid for thirty (30) days unless otherwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026
$219,816.88
April 7, 2026, Item #5
March 13, 2026
TERMS & CONDITIONS
I. The Contractor shall recogrnze and perform m accordance with written terms. written spec1ftca\10nsand drnwmgs only contained or referred to herein All materials shall conform to bid spec1frcal!ons
Work Force. Contractor shall designate a qualified representatJVe with experience 1n landscape mamtenance/construction upgrades or when apphcab!e 1n tree management The wu1kforce shall L"'e competent and qualified, and shall be legally autt1onzed to work 1n the US
:l. License and Perrnits: Contractor shall n-ainta1n a Landscape Contractor's license. 1f required by State or !oca! law, and will co1rp)y with all other license requirements of !he City. State and Fed.::!ra! Gol/ernrrents. as we 11 as all other requ11errcn!s or law. Unless otherwise agreed upon by the parties or prohibited by law, Custon-er shall be requi1ed to obtain all necessary and required perrrnts lo allow lhe corrmencernenl of the Services on the property
•I. Taxes: Contra~or agrees to pay all applicable taxes, including sales or General Excise Tax (GET). where applicable
5. Insurance. Contractor agrees to provide General Llab1lity Insurance, Automohve L1ab1ll1y Insurance. Worker's Compensation Insurance, and any other insurance required by law or Custon-er, as s~ccf!ed in wr111ng pnor to commencer-rent of work If not specified, Contrac1or w1U furrnsh msurancew1th Sl.OO0JIDlimitof liability.
6. Liabt1ty· Contractor shall not be lmb!e ror any damage that occurs from Acts or God defined as extren-e weather conditions, lire, earthquake. etc and rules, regulations or res1rici1ons 1rrp::ised by acy governrren! or governmental agency, nallonal or regional en-er~ncy, epidemic, p,:,ndem1c, health related outbreak or other medical events not caused by one or other delays or failure of perforrmnce beyond the coITTT1erc1ally reasonable control of either pany. Under these circurretarces, Con:r ac\or shall have the right to renegotiate the terms and prices of this Contract within sixty (60) days
7. Any 1Hegal trespass, claims and/or damages resulting from work requested that is rot on property owned by Customer or not under Customer nl:1nagement and control shall be the sole respons1b1hty of the Customer
x. Sutcontractors. Contractor reserves the right to hire qualified suL--contractors to perform specialized functions or work requiring specia!tzed equipment lJ. Additional Serv1ces. Any additional work not shown in the above specif1catrons involving ex1ra costs will be executed only upon signed written orders, and will become an extra charge over and aL'Ove the estimate
10. Access to . ..'obs1te. Customer shall provide all utilities to perform the work Custorner shall furnish access 10 all pans of jobs1te where Contractor is to perform work as required by the Contract or other functions re 1 ate d !hereto, during normal business hours and o!her reasonable periods al tirre. Contractor ,,.;11 perform the work as reasonably practical aner the Customer makes tile site available for performance of the work
11. Payment Terms: Upon signing this Agreement, Custorrer shall pay Conlraclor 50% of the Prop,sed Price and the remaining bal,mce shall be paid by Customer to Contraclor up,n completion of the project unless other.vise, agreed to in wriiing I:!. Term1nat1on: This Work Oider rray be termnated by the either party with or without cause, u!X)n seven (7) workdays advance wnl!en notice. Customer will be required to pay ror all rraterials purchased and work corrp!ete lo the date ofterm1nat1on and reasonable charges incurred 1n denubihzmg.
IJ. 1\ss1gnmem. The Custorrer and the Contractor respec1ively, bind themselves. their partners, successors, assignees and legal representative to !he other party \'lllh respect to all covenants of this Agreement Neither the Custorrer nor the Contractor shall assign or transfer any 1nte1cst 1nth1s Agreenent without 1he ,vr1tten consent of the other provided, ho\'."ever, that consent shall not be required to assign this Agreerrenl to any conl)any which controls, IS cortrolled by, or 1s under conman conllol with Contractor Of 1n connection with assignment to an a"1llate or pursuant to a merger, sale al all or substantially al! of its assets or equity securities. consolidation, change of control or corporate reorgarnzation
1-1. Disclaurer. This proposal was es111nated and prced based upon a site v1s11 and visual 1nspect1on from g1ound leve! using ordinary means, at or about the time this proposal was prepared The price quoted in 1h1s proposal f o r the work described, 1s the result of that ground level visual inspection and thererore our con'l)any will not be liable for any additional costs or damages for additional work not described he1eln, or liable for any 1nc1dents/acc1den!s rcsutr1ng rrom conditions, that were not ascertainable by said ground level visual inspection ty ordinary means at the time said inspection ','laS performed Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed t1ere1n cannot guarantee exact results Professional engineering, architectural, and/or landscape design sel'V\ces ("Design Services") are not 1rc\uded ,n this Agreement and shall not be provided by the Contractor Any design defects in lhe Con!ract Docun-ents are the sole responsibility of tile Customer If the Custorrer must engage a licensed engineer, archited and/or landscape design professional. any costs concerning these Design Services arc to be paid by the CuSl.orrer direc1ty to the desgner involved
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15 Cancellation: Notice of Cancellation of work ITT..Jst be received 1n wr1t1ng before lhe crew is dispatched to their location or Customer .viii be liable ror a minimum travel charge of S150 00 and billed to Customer
The following sections sha!l apply where Contractor provides Customer with tree care services:
I(,. Tree & Stun-p Rerroval. Trees removed ,viii be cut as close to tile ground as pcss1ble based on cond1tiors to or next to the bottom or the tree trunk. Add11tonal charges will be le\~ed for unseen hazards sucl1 as, but not lirnted to concrete brick filled trunks, metal rods, etc If requested ,nechanical grinding of visible tree stump w1II be done to a defined \'lldlh and depth below ground level at an additional charge lo the Custorrer Defined backfill and landscape material may be specified Custorrer shall be respons1b!e for contacting the appropriate underground ut1lrt.y locator company to locate and mark underground Ulillty lines prior to start ol •,11ork Cortractor is not responsible damage done to unde1ground utilities su:h as blA. not limited to, cables, wires, pipes, and irrigatbn parts Cortractor will repair damaged irrigation lines at the Custorrer's expense
17. Wa1ve.r of L1ab111ty. Requests for crown thinning in excess or twenty.five percent (25%) or work not in accordance with ISA (international Society of Arborrcultural) standards v,,11 require a signed waiver of tiab111ty
Accer.tance of this Contract
By executing tt11s document Cuslomer agrees to the rormat1on of a b1nd1ng contract and to the terms and conditions set forth herein. Custorrer represents that Contractor is aulhorized lo perform the work stated on the face ol this Contract. Ir paym;nt has not been received by Contractor per payment terms hereunder, Contractor shall be enlitled to all cos!s of collection, 1nc!ud1ng reasonable anorneys· fees and 1\ shall be relieved of any obliga11on to cor:t1nue performance under this or an; other Contract with Custorrer. Interest at a per annum rate al
1.5% per month (18% per year), or the highest rate perm1\led b/ law, n\3y be charged on unpaid balance 15 days after billing
NOTICE: FAILUKE TO MAKE PAYMENT WHEN DUE FOR COMF\.ETED WORK ON
CONSTRUCTION JOBS MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR rnoPERTY
CusiOnier
Frank Quijada
Printed Name
Title
Date
Park & Trail Area Manager
March 13, 2026
BrightVlew Landscape Services, Inc. "Contractor"
Alejandro Mojarro Mercado
Pnnled f,JJme
Job#:
SO#:
473302009
8871732
Associate Account Manager
Title
March 13, 2026
Date
Proposed Price: $219,816.88
April 7, 2026, Item #5
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received April 7, 2026, Item #5
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer
. A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receIvIng
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
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(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources
. The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
April 7, 2026, Item #5
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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April 7, 2026, Item #5
GUARANTY
To the City of Poway, City Council, for:
STARRIDGE PARK TURF AND PATH IMPROVEMENT
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
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April 7, 2026, Item #5
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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