September 1, 2026, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
September 1, 2026
Honorable Mayor and Members of the City 5?~
Eric Heidemann, Director of Public Works 7~ '
CITY COUNCIL
Stephen Jackson, Assistant Director of P~orks for Maintenance Operations (858) 668-4705 or [email protected]~
Award of Agreement to Brightview Landscape Services for Turf Conversion on the Scripps Poway Parkway Median from Pomerado Road to Kirkham Way An informal request for quotes for Turf Conversion on the Scripps Poway Parkway Median from Pomerado Road to Kirkham Way was requested on October 1, 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 Turf Conversion on the Scripps Poway Parkway Median from Pomerado Road to Kirkham Way. Three (3) quotes were received and reviewed by staff. Staff attempted to contact LaBahn's L~n9scaping, but the company has since become nonresponsive. 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 Award the Agreement for Turf Conversion on the Scripps Poway Parkway Median from Pomerado Road to Kirkham Way to Brightview Landscape Services in the amount of $142,401.40 and authorize the City Manager to execute the necessary documents.
Discussion:
The proposed project will convert non-recreational turf within the Scripps Poway Parkway median from Pomerado Road to Kirkham Way to water-efficient landscaping. The project is part of the City's ongoing efforts to reduce water use in public landscapes and further advance its water conservation objectives. The City has been actively converting non-recreational turf areas to more water-efficient landscaping as part of these efforts. Many of the City's medians have already been converted, leaving a limited number of medians that still contain non-recreational turf. The medians included in this project were selected based on the remaining non-recreational turf areas and their potential to further advance the City's water conservation objectives. 1 of23
September 1, 2026, Item #5
Converting these medians to water-efficient landscaping will reduce irrigation demand and the amount of recycled water required to maintain the remaining vegetation. The project also provides an opportunity to incorporate sustainable landscape and stormwater management practices while utilizing funding available through the Metropolitan Water District of Southern California Water Smart Program. This program provides a $7 per square foot rebate, which would fully reimburse the project's $142,401.40 contract cost. The proposed landscape design includes a meandering dry river rock feature that will serve as a stormwater management element. The feature is intended to improve water infiltration and reduce surface runoff while complementing the surrounding sustainable landscape.
Completion of the project will build upon the City's previous turf-conversion efforts and further advance its goals related to water conservation, resource efficiency, sustainable landscaping, and responsible use of recycled water. Replacing water-intensive turf with water-efficient landscaping is also expected to provide long-term operational benefits through reduced irrigation demand and associated maintenance needs.
The City participates in CUPCCM which allows informal bidding procedures for public works projects under $220,000. Staff contacted CUPCCM registered companies to provide quotes for the Turf Conversion on the Scripps Poway Parkway Median from Pomerado Road to Kirkham Way Project. Three (3) quotes were received and reviewed by staff. Staff attempted to contact LaBahn's Landscaping, but the company has since become nonresponsive. Staff determined that Brightview Landscape Services is qualified to provide the services requested and offers 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 $142,401.40
LaBahn's Landscaping $142,276.48
Aztec Landscaping, Inc $298,971.38
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:
Sufficient funds are available in the Fiscal Year 2026-27 adopted budget in Landscape Maintenance District (LM D) 19-01 (420140-41200). The City proactively planned for this project as part of the development process for the Fiscal Year 2026-27 budget. 2 of 23
September 1, 2026, Item #5
Public Notification:
None.
Attachments:
A. Standard Agreement
Tracy tev ns
Assistant City Manager
3 of23
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~~
ChrisHazehlne
City Manager
September 1, 2026, Item #5
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
2nd
day
of
September,
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
Turf
Conversion
on
the
Scripps
Poway
Parkway
Median
from
Pomerado
Road
to
Kirkham
Way;
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
4 of23
ATTACHMENT
A
September 1, 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.
s
of23
September 1, 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:
6 of23
(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.
September 1, 2026, Item #5
DISCLOSURE
DETERMINATION:
[gl
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
.
7 of23
September 1, 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.
8 of23
September 1, 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.
9 of23
September 1, 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
~ufficient
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
b.e
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.
10 of
23 September 1, 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
(CalPERS)
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)
11 of
23 September 1, 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
12 of 23
BRIGHTVIEW LANDSCAPE MAINTENANCE
By:------------
Heide Smith, Senior Account Manager
September 1, 2026, Item #5
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
to
provide
Turf
Conversion
on
the
Scripps
Poway
Parkway
Median
from
Pomerado
Road
to
Kirkham
Way
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
October
1,
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
September
2,
2026,
and
ending
September
1,
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
23 September 1, 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:
14 of
23 September 1, 2026, Item #5
15 of 23
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)
September 1, 2026, Item #5
BrightView
J
ATTACHMENT
1 QTY
Landscape
Serv
ices
Proposal
for
Extra
Work
at
City
of
Poway
Property
Name
Property
Address
City
of
Poway
Poway
Contact
Jeff
Zamora
To
City
of Poway
Poway,
CA
92064
Billing
Address
PO
BOX
789
Poway,
CA
92064
Project
Name
Turf
Conversion-
Scripps
Poway
Parkway
Median
Project
Description
Turf
Conversion-
Scripps
Poway
Parkway
Median
Scope
of
Work
UoM/Size
Turf
Conversion-
Scripps
Poway
Parkway
Medians
from
Pomerado
Rd.
to
Kirkham
Rd.
Turf
will
be
relaced
with
5 ft
of
mulch
on
each
edge
of
median
and
a
center
of
4 ft
wide
of
Arizona
River
rock
with
plant
material
listed
below
installed
at
center
of
median.
Scope
of
Work
Includes:
• 2
applications
of
herbicide
on
area
•
Removal
and
disposal
of
existing
turf**
•
Prepare
and
grade
area
•
Install
4 ft
of
cobble
on
center
of
median
•
Procure
and
Install
plant
material
specified
below
•
Adjust
and
replace
nozzles
for
new
plant
material
•
Install
mulch*
•
Procure
and
install
Arizona
Red
River
Rock
•
Adjust
the
irrigation
controller
for
optimal
irrigation
•
Inspect
area
thoroughly
*Mulch
will
be
provided
by
the
City
of
Poway
**Dump
Site
to
be
provided
by
City
of
Poway.
Material/Description
Area
Preparation 2.00
1.00 1.00
1.00 EACH LUMP
SUM
EACH LUMP
SUM
16 of23
Herbicide
Application
Turf
Removal-
Equipment
and
Operator
Dump-
Debris
Transportation
Prepping
Area
-Demo,
Disposal
and
Grading
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
October
01,
2025
Page
1 of3
September 1, 2026, Item #5
BrightView ~
Land~c11pe Services
1.00 LUMP SUM
Irrigation
1.00 EACH
Plant Material
280.00 CUBIC YARD
80.00 EACH
160.00 EACH
160.00 EACH
160.00 EACH
130.00 TON
93.00 CUBIC YARD
For Internal use only
SO#
JOB#
Service Line
8771485
473302009
130
Proposal for Extra Work at
City of Poway
Traffic Control -Lane Closure
Miscellaneous Parts (Fittings, Caps,, boxes, etc.)
Mulch Install
Salvia leucantha 'Santa Barbara' - 5 gal.
Euphorbia Millii-Crown of Thorns - 5 gal.
Dianella-Variegated-5 gal.
Agave Attenuata - 5 gal.
Arizona River Rock 3"-8"
River Rock Install -Labor
THIS IS NOT AN INVOICE
Total Price
17 of 23
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
October 01, 2025
$142,401.40
September 1, 2026, Item #5
October 01, 2025
TERMS & CONDITIONS
1. The Contractor shall recognize and perform 1n accordance with written terms, writlen specifications and drawings only contained or referred to her cm All materials shall conform to bid ~1fications
Work Force: Contractor shall designate a qualified representative with experience in landscape rramtenance/cons\ruction upgrades or when applicable 1n tree management The wo1kforce st,all be competent and quahfIed, and shall be legally authorized to work m the us
License and Permits Contracto1 shall neIntaIn a Landscape Contractor's license, 1f required t,; State or local law, and \'.ill corrp!y with all other license requirernents of the City, Slate ar.d Fedc;al Governrrents, as we 11 as all other requirerrenrs ol law Unless othenvise agreed upon by the parties or prohibited by law, Customc!r shall be required to obia1n all necessary and requJred perm!ts to allow the comnencemenl of !he Serv1ces on the prop-any
4. Taxes. Contractor agrees to pay all applicable taxes, including sa!es or Gener<il Excise Tax (GET). where applicable
5. Insurance: Contractor agrees to provide General Ltabihty Ins u ranee, Au\omot1ve L1ab11ity Insurance, Worker's Compensation Insurance, and any other In5urance required by la--.v or Custon-er, as specified in writing prior to commencem:!nt of work II not spec~ied, Contractor w,11 furnIsti insurance with $1.000,(ll)!imitofli.:ibility.
6. l.JGbility: Contractor shall not be lmble for any damage that occurs from Acts of God defined as extren"Y:! weather conditions, lire, earthquake, etc. and rules, regulations or restrictions Jrf?OSed by ant governrrent or governmental agency, national or regional eirerg-ency, epidemic, pandemic, health related outbreai< or otl~r medical events not caused by one or other delays or failure of perforrrance beyond the comnerc1ally reasonable control of either party. Under these circurrstarces, Contractor shall have !he right to renegotiate the terms and prices of this Contract wrth1n sixty (60) days
7. Art',' ill-egal trespass, claims and/or damages resulting from WOik requested that Is rot on propertyO',·.-Tled b'/ Customer or not under Customer rranagem-~nt and control shall be the sole respons1biI4y of the Cuslomer
i"i. Sutx::ontractors Contractor reserves the right lo hire qualified suL-contractors lo perform specialized functions or work requiring specialized equipment 1J. Additional SerV1ces Any additional work not shown In the above specif:cat1ons involving exira costs will be execuled only upon signed written orders, and will become an extra charge over and above the est i ma le
to. Access to ..bbs1te: Customer shall provide all utilities to perform the work Customer shall furnish access to all parts or jobsite where Contractor is to perform work as required b-,' the Conlract or other functions re I ate d thereto, during normal business hours and other reasoMble periods of tirre. Contractor will perform !he work as reasonably practical an:er the Customer makes the site available for performance of the work
11. Payment Terms: Up:m signing this Agreement, CL.Storrer shall pay Contractor 50% of the Proposed Pnce and the remaining balance shall be paid by Customer to Contractor upon comp:etton of the proiect unless otherwise, agreed 10 in writing
1.:. Termination· This Work Order may be ternina1ed by the er.her paity wrth or \'11l hout cause, upon seven (7) workdays advance wnl!en noltce Customer will be required to pay for all materials purchased and work corr;:,lete lo the date of term:nat1on and reasonable charges incuried in den'Obihzing.
u. Assignment. Tile Custorrer and the Contractor respectively, bind themselves, the1r partners. successors, assignees and legal representative 10 the other party with respect to i!ll covenants of tllis Agreement NeIthc_r the Custon"Y:!r nor the Contractor shall assign or transfer any interest 1n this Agreen-ent without the written consent of the ott1er provided, however, that consent shall net be required to assign ths Agreerrent to any corrpany which controls, s controlled by, or is under conman control with Contractor or in connection with assignment to an affiliate or pursuant lo a merger, sale of all or substantially all of its assets or equity securities, consolidation. change of control or corpora!-c reo1ganizatIon
1-1. Disclaimer. This proposal was estimated and priced based upon a sde VISli and visual mspe<;tIon from ground level using ordinary means, at or about the 1Ime this proposal was prepared The pnce quoted in lh1s proposal for the work descri!;ed, Is the result of that ground !ev-cl \.~sual mspectIon and lherefore our cofll)any will not L--e liable ior any add1tior..al costs or damages for addltional work not described herein, or liable for any mcidents/acciderus resu~mg from conditions. that were not ascertainable by said ground level visual insp:?ct1on L,; ordinary means al the time said inspec11on •.vas performed Contractor cannot L-e he!d responsit!e for unknown or otherwise hidden defecls. Any corrective \.¥Ork pro;;osed herein cannOi guarantee exact results Professional engineering, arch1t-ectural, and/or landscape design services ("Design Services') aie not 1rc:ludc--d 1n !his Agreement ar.-d shall not be provided by the Contractor Any design defects in the Contract Docunl':?nls are the sole responsibility of the Customer If the Custorrer must er.gage a licensed engineer, arch1ect and/or landscape design professional. any cos\s concerning 1hese Design Services are to be paid by the Custon--cr direct~/ to the desgner involved
18 of23
15. Cancellation: N::ltice of Cancellation of work mJSt be received In writing before the crew Is dispatched to their location or Customer \\111 be liable for a minimum travel charg~ of S150 00 and billed lo Customer.
The following sections shall apply where Contractor provides Customer with tree care services·
lb. Tree & Stun'P Rermval: Trees removed will be cul as close to the ground as possible based on conditions to or next to the bottom of the tree trunk. Add1t1ona1charges will be levied for unseen hazards suet, as, but not li1rited to concrete brick filled trunks, metal rods, etc If requested mechanical grinding of visible tree stump Will be done to a defined width and depth below ground level at an additional charge to the Custom--~r. Defined backfill and landscape material may be specified Cuslorrer shall be responsible for contaclmg the appropriate underground uulrty locator company to locate and n-.ari< underground utility tines prior to start of 'Nork Contractor is not responsib!e damage done to underground ut1litres su:h as btfl not limited lo, cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Customer's expense. 17, Waiver of L1ab11lty Requests for crown thinning in excess of twenty-five percent (25%) or work not in accordan:::e with ISA (international Society of Arboricultural) standards v11ll require a signed waiver of lrab1hty
Acceotancc of 1t1is Contract
BJ' executing this document. Customer agrees to the formation of a binding contract and to the terms and conditions set forth herein. Custorrer represents that Contractor is authorized lo perform the work stated on the face of 1h1s Contract. If p:1yrrent has not been received by Conlractor per payment terms hereunder, Contractor shall be entitled to all costs of collection, including reasonable attorr.eys' fees and it shall be relieved of any obhgahon to continue performance under this or an-; other Contract with Custmrnr. Interest at a per annum rate of
1.5% per month (18% per year), or the highest rate perm1tled bf law, nay be charged on unpaid balance 15 day-s afler billing
NOTICE· FAlllJRE TO MAKE PAYMENT WHEN DUE FOR COMPLETED VVORK ON CONSTRUCTION JOBS MAY RESL~ T IN A MECHANICS urn ON THE TITLE TO YOUR
PROPERTY
Cus:orner
Signature
Jeff Zamora
Pn'n!ed Name
Property Manager
Title
October 01, 2025
Date
BrightVicw Landscape Services, Inc. "Contractor"
Alejandro Mojarro Mercado
Job#:
SO#:
473302009
8771485
Title
Date
Associate Account Manager
October 01, 2025
Proposed Price: $142,401.40
September 1, 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
of
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)
19 of23
(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
September 1, 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:
20 of23
(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
.
September 1, 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
o(the
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
(SB
13),
effective
October
4,
2013
(ch
528
prevails)
; ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
24 76),
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)
.
21 of23
September 1, 2026, Item #5
GUARANTY
To the City of Poway, City Council, for:
TURF CONVERSION ON THE SCRIPPS POWAY PARKWAY MEDIAN FROM
POMERADO ROAD TO KIRKHAM WAY
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
22 of23
September 1, 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."
23 of
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