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1977-1021_TOYO LANDSCAPING CO_Agreement AGREEMENT LOCAL PARK AND RELATED LANDSCAPE MAINTENANCE THIS AGREEMENT is made and entered into this 21st day of September 1977, between the City of San Juan Capistrano, herein- after referred to as "CITY" and Toyo Landscaping Co . hereinafter referred to as "CONTRACTOR" for local park and related landscape maintenance of parkways. The implementing authority for the CITY shall b- the Department of Public works. W I T N E S S E T' H: SECTION 1. TERM: This Agreement shall commence on the 3rd day ofctober 1977 , and shall remain and continue in effect for a period of twelve 12) months thereafter subject to extension or term- ination as described in Section 13 or Section 14 . SECTION 2. MAINTENANCE: Maintenance shall include but not be limited to Descanso Park (1. 0 acre) and various parkways. CONTRAC':JR may be required to perform extra work as deemed necessary by the Director of Public Works . SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR agrees to provide all necessary labor, machinery, tools , equipment and all other utility and transportation services required to perform the landscape maintenance in. the manner specified herein for the following annual consideration: Descanso Park and Specified Parkways TOTAL ANNUAL COST $ 13,200 Payment for any extra work directed by CITY shall be the actual cost of labor plus wholesale cost of material plus 20 percent. Monthly payments to CONTRACTOR will be made on the regular day 'for payment of City bills by the City Treasurer. CONTRACTOR shall submit detailed invoices with back up vouchers for all charges other than monthly costs for item above. At the sole discretion of the Director of Public Works , additions or deletions may be made to this agreement which may result in an increase or decrease in the areas and acreage to be maintained. Such changes will be submitted to CONTRACTOR in writing and shall be identified as addendums to this agreement. The affected areas will be classified, measured, and priced in accordance with the unit costs specified above. -12- SECTION 4. GENERAL PROVISIONS: General provisions for the work to be performed are contained herein and are made a part of this agreement by reference. SECTION 5, EQUIPMENT, LABOR AND PREVAILING WAGES: CONTRACTOR shall use and furnish at his own expense all labor and equip- ment necessary for the satisfactory performance of the work set forth in this contract. Eight hours constitutes a legal day' s work. The time worked by each workman employed in the execution of the agreement by CONTRACTOR or any subcontractor under him is limited and restricted to eight hours in any one calendar day and 40 hours in any one calendar week. Work per- formed in excess of eight hours per day shall be permitted upon compen- sation at not less than one and one half times the basic rate of pay as, provided in Section 1815, California Labor Code. THE CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accordance with Section 1812, California Labor Code. In the performance of the terms of the Agreement, CONTRACTOR agrees that he will not engage in nor permit such subcontractors as he may employ from engaging in discrimination in employment of persons because of race, color, national origin, ancestry, or religion. Pursuant to Section 1771 of the Labor Code, CONTRACTOR is required to• pay the general prevailing rate of per diem wages for each laborer or workman performing any work under this contract. SECTION 6. CONTROL OF WORK: The Director of Public Works, or his authorized representatives, shall decide all questions which may arise as to the manner of performance and rate of progress of the work; all questions as to the acceptable fulfillment of - the contract on the part .of the CONTRACTOR; all questions as to the interpretation of the specifications; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions. When condition of a maintained area is determined by Director to be substandard due to inadequate or improper maintenance, monthly payment may be withheld until such condition is resolved to the satisfaction of the Director. SECTION 7. PROSECUTION OF WORK: The CONTRACTOR shall begin maintaining landscaping within fifteen (15) days after the execution of the agreement by the CITY and shall diligently prosecute the same until the termination of the agreement. SECTION 8. CONTRACT BONDS: Prior to the date of execution of this agreement by CITY, CONTRACTOR shall deposit with the CITY a surety bond to secure the faithful performance of this contract and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this contract, each bond shall be in the amount of not less than One Hundred Percent (100%) of the annual amount of this contract. -13- SECTION 9. INSURANCE: CONTRACTOR shall maintain insurance coverage appropriate to protect against all risks arising from, or connected in any manner with, the subject matters of this Agreement, acceptable to the CITY, effective on the first day of operation and in full force throughout the full. term of this Agreement. The policy or' policies shall be underwritten by insurors admitted to operate in the State of California, or acceptable to the Department of Insurance, on forms no less broad in the scope of coverage than standard forms. Each policy of insurance shall name the CITY as additional insured; provide for 30 days written notice to the CITY, of cancellation, material change, and/or intention not to renew; allow for severability of interest of PITY; be primary and non- contributing with insurance maintained or self-insured by CITY; and be endorsed with a standard waiver of subrogation in favor of CITY. CONTRACTOR agrees to deposit with CITY, on or before the time- coverage is required to be in effect, certificates of insurance in duplicate to satisfy CITY that insurance .provisions of this Agreement have been complied with, and to keep such insurance in effect and the certificates thereof on deposit with CITY during the entire term of this Agreement. CONTRACTOR agrees to furnish certified copies of in- surance policies if requested by letter. by CITY when certificates are , deemed inadequate by CITY. CITY shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of CITY, the insurance provisions in this Agreement do not provide adequate protection for CITY and for members of the public foreseeably exposed to risk arising from this Agreement CITY may require CONTRACTOR to obtain insurance sufficient in coverage, form, and amount to provide adequate protection therefor. CITY requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risk which exist or may be foreseen. at the time a change in insurance is required. CITY shall notify CONTRACTOR in writing -of any required changes in insurance requirements and should CONTRACTOR fail to deposit copies of acceptable insurance certificates or policies incorporating such changes within sixty (60) days of receipt of notice, such failure shall be considered a material breach of this contract without further notice to CONTRACTOR and CITY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Notwithstanding said policy or policies of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence connected with the Agreement. CONTRACTOR shall when requested by CITY or its insurers cooperate with both, and provide information necessary to the defense of claims or suits, and shall refrain from any acts or statements to others which could be prejudicial to such defense. SECTION 10 . CASUALTY: All casualty policies must name the City of San Juan Capistrano as an additional insured. Entire limits of -14- liability maintained must be certified but in no event shall limits be less than specified hereinbelow. Any aggregate limitation of liability shall be separate as to the risks arising out of the subject matter of this Agreement . Coverage MINIMUM Limit Workers Compensation & Employers Liability $100,000 The Contractor shall carry comprehensive general and automobile liability insurance in an amount not less than $500, 000 combined single limit of liability. Costs of insurance are to be included by the Contractor when determining his bid. SECTION 11. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract i—nsusuch manner as to meet all accepted Stan- dards for safe practices during operations and to maintain safe conditions of premises and ways at all times, including safely stored equipment, machines, materials or debris, protected excavations, or other hazards consequential or related to his work; and agrees additionally to accept . the sole responsibility for complying with all applicable local, County, State or other legal requirements including but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/ OSHA safety orders at all times, so as to protect all persons, including CONTRACTOR employees, agents of CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. Crimes, thefts, vandalisms, hazards, etc. shall be initially reported by phone followed by confirmation in writing to the Director of Public Works or his representatives. SECTION 12. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, for all injury or damage of any kind resulting from said operations to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the CONTRACTOR on account of personal injury (including death) or property damage suffered through the CONTRACTOR' S negligence, which liability is not impaired or other- wise affected hereunder, the CONTRACTOR assumes the obligation to save the CITY harmless and to indemnify the CITY from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the CONTRACTOR or any subcontractor or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this contract. -7.5- SECTION 13. CONTRACT EXTENSION: in the event CONTRACTOR has .fully complied with all terms and conditions of this contract, as determined in the sole discretion of CITY'S Director of Public Works, CONTRACTOR may request that the duration .of this contract be extended for successive periods of twelve months. CONTRACTOR shall submit his request in writing to the Director at least 30 calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated, and the Director upon his determination that CONTRACTOR has complied with all terms and conditions of this contract may either grant the extension or submit the request to the City Council for approval or denial in the City Council ' s sole discretion. In no event shall the total term of this contract, including all extensions, exceea 36 months. SECTION 14 . CONTRACT TERMINATION: Any other provisions herein to the contrary notwithstanding, and in addition to other methods of termination provided for herein or available under the laws of the State of California, it is agreed that this Agreement shall terminate sixty (60) days after written notice of intent to terminate which may be given by either party to the other party of the Agreement. SECTION 15. NOTICES: Any written -notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envelopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SECTION 16. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 17 . LICENSING REQUIREMENTS: CONTRACTOR is required to possess either a valid C-27 Landscape Maintenance License or a valid Class A Contractor ' s License. In addition, Contractor must possess a Pest Control Advisor ' s License and a Pest Control Operator' s License or must subcontract pest control requirements to a licensed contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at San Juan Capistrano, California; the day and year first above written. CITY OF SAN JUAN CAPISTRANO Dated September 21, 1977 BY KE3qNP9'H F. FRIESS, MAYOR PRO TEM -16- CONTRACTOR Dated 9)3617 7 /o�b �t�idoSc/9iiy<5 —� Name By ZK By ATTEST: BY 0/kL�'L-[ t�y--j O 2+ DEPUTY Mary Ann no r, City Clerk APPROVED AS TO FORM: ty Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of the Agreement for Park and Parkway Maintenance, Descanso Park and Specified Parkways , executed by the Mayor/91' tTR City Council of the City of San Juan Capistrano, California. DEPUTY Mary Ann gAnov , City Clerk -17- THIS BOND IS ISSUED •.TH1� COUNT.d3 RTS. Premium Included LABOR AND MATERIAL POND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Toyo Landscaping Company License No. 234700 , hereinafter designated as "Principal, " a contract for Yar.c an Parkways maintenance, Diecano Park anc and Specified ar .ways WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted, to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we surety jG Tandanintr , Principal, and as ascre held firmly bound unto the City 01" an Juan Capistrano, a municipal corporation, in the penal sum of Thirteen Thousand Two Hundred ($ 13,200.00 ) Dollars, lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admini- strators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. September 29,.1977 Toyo ],andscaping We�agy Balbo�" I/nsuranee Company .by: 7/ 9- -� -22- by: ifct�X �� Neal L, vTitt Attorney in -- Fact 0,—FICIAL SEAL l _ 0 C -7} f �� J PICKERING /-/ d � -i�Callfbrnia ' 0,2 COUNTY STATE OF Cali:ornia / /ss: County of Orange / On this 29th day of Sep!:ember 19 77 . before me .Alma V'- Horton , a Notary Public in and for the said County of 0:_ange State of California residing therein, duly commissioned and sworn,personally appeared Ileal L. ;Mitt known to me to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he subs 0 1K,llfifame of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact. c 41f1/�lII Ilixll�xlll IIIIIIIIIIIIIIIIIIIIIIiiIlllx......11lllllllllllllllllllx ^• OFFICIAL SEAL0 ALMA F. NORTON � � J- `t? NtiiANY PUBLIC ClLi;ORNIA = rNotary Public in andf or the Count -'_ PRINCIPAL OFFICE IN i y o f •�" ORANGE COUNTY 2' My Commission Expires May ll, 19s Orange State of Califo;nia mn 1LO02ZR776 `wumnnxnmmvnnnmwwwnuwianun...nluuwxn..... nx xxx�.IL...II�i RID OPGNINO - SF-P7��,M1 >L-R I3 , M77 11 : 00 A . M . TulvsWRl _ _r�� iNTenl�tNc�, - o-f-_1��sc.antso p�t�2K �ND_S��c�f �ed_�AK�I�P_hs ADDER AMOUNT 00 p • 1 BID PROPOSAL For the ADV. DATES : MAINTENANCE OF DESCAi4SO PARK AND SPECIFIED PARKWAYS BID DATE: To the Honorable City Council �� 'LANDScfJY/H City of San Juan Capistrano . From d ff y Contractor Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location (s) of the proposed work as described, examined the specifications and general conditions therefor, read the instructions to bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted to provide all necessary labor, machinery, tools, equipment and all other utility and transportation services required to perform the landscape maintenance in accordance with the specifications for the maintenance of Descanso Park and Specified Parkways , in the time stated herein, for the lump sum given on the following pages of this proposal. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals . It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the under- signed at the prices stipulated. If the proposal is rejected, then the enclosed check or bid bond shall be returned to the undersigned within thirty (30) days . If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the City Council , then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bidder who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liqui- dated damages for the failure of the undersigned to comply with the terms of this proposal. "� , po- Accompanying this proposal is +WI t /v.L —LV(tnert 0 a �r cash" , "cashier ' s check" , "certifieu"),cnecW' , ;or "bidder ' s bond" , as the case may be) in an amount equal to at least ten percent' (10€) of the total bid. -3- The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the 'unnd_e_rs/igi,ed: p Licensed in accordance with an actproviding for the registration of contractors - - License No. C-21 23 y'f/0U Signature of bidder (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: president, secretary, treasurer and manager thereof. ) Dated: 44 - 19-77 Business Address Telephone Number -4- Descanso Park is located at the confluence of Trabuco and San Juan Creeks. There is one acre + under landscape care - automatic irrigation controls .(City will mai;.tain restrooms) . .Parkway areas are located: J 1: Aguacate Road at Estellita - 12 evergreen pear trees , 42 sycamores, and ground cover (manually controlled irrigation system) . V '2. Del Obispo Street at Terraza - 12 evergreen pears, 26 sycamores and ground cover (manually controlled irrigation system) . Del Obispo, north side from Terraza easterly to Belardes - 4 evergreen pear trees, 13 sycamores (water truck required) . Weed control.. J 3. Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano - 30 sycamores (water truck required) . Weed control. 4. Del Obispo Street traffic island between Camino Capistrano and railroad - 14 sycamores and ground cover (manually controlled irrigation system) . 5. Camino Capistrano, freeway side from San Juan Creek Road southerly + 1, 500 ' - 57 sy-aTM res (water truck required) . Weed control. L-f r/ D Hno�)N %D6. . San Juan Creek Road between Camino Capistrano and freeway over- crossing - 14 sycamores (water truck required) . Weed control. % 7 . Easterly side San Juan Creek Road between Camino Santo Domingo and northerly end of improvements - 8 evergreen pears, 20 sycamores (water truck required) . Weed control. 1� 8 . Rancho Viejo Road,, freeway side from Village Road to northerly City limits - 20 California pepper trees (water truck required) . Weed control. v9. Ortega Highway at Cristal - 43 trees and ground cover (manually controlled irrigation system) . 10. Calle Arroyo from Via Cristal to easterly end of street - 154 sycamores and ground cover (manually controlled irrigation system) . Minimum water truck capacity of 500 gallons required.. TOTAL ANNUAL COSTS $�,�,2.,�a %— Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal , that they are correct to the 5- best of his knowledge and that they constitute his proposal for the wDrk called out herein. Sign e of Bidder Date Telephone Number -46- . NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss County of being first duly sworn deposes and says that he isTi�' SL1k��of / ova � _ the party making the oregoing bid; that su bid is not mace the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that any one shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the bid price of said biddc2 or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organi- zation, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. By Subscribed and sworn to before me thi r 10 day of 19 l o L,CIAL SEAL i J. PICKERING Nc u; uUlic-Cahfurnfa _ � OR NGE COUNTY GI ,M Notary Publi in and for sar County and State BID BOND (SAMPLE) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and existing under the laws of the rS ..y� o , and whose principal office is located in the City of J{�//U//� , as surety are jointly and severally bound unto the CITY OF SAN JUAN CAPISTRANO of Orange County, California, in the sum of DOLLARS ($ ) , lawful money of the United States of America to be paid to the said CITY OF SAN JUAN CAPISTRANO, for which payment well and truly to be made, we bind ourselves, our heirs, successors, executors, administrators and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 , for the maintenance of for the CITY OF SAN JUAN CAPISTRANO, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall within fifteen (15) days after the agreement has been presented to him for execution enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawl of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, other- wise to remain in full force and virtue. IN WITNESS WHEREOF the above-bounden parties have executed this instrument under their several seals this day of 19 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (if individual) PRINCIPAL B Ti e ATTES (if corporation) Title -� -18- Corporate Seal ATTEST SURETY By Title Title Corporate Seal -19- 5-02 1144 THIS B011D IS I SSU 1i IolaR�3 COUNTre1RT. Premium Included FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That WHEREAS, the City of San Juan Capistr�a o, a municipal corporation of Orange County- California, has awarded to (Ov0 License NO. hereinafter designated as "Princip. contract for Park and Parktaa;L maintenance, Discano Park. anti and Snecified Parkways WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, moKo _[,an,,1c(,a11JnZ Comnany as Principal, and Balboa Inn, ,orlppan,l , as surety, are held and firmly bound unto the City Of San Juan Capistrano, a municipal corporation of Orange County, California, in the penal sum of Thirteen Thousand Tv✓o HLmdred (S 1 ,20G.00 ) Dollars, lawful money of the United States of America, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the hereby bounden Principal, his or its heirs , executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings; terms, covenants, conditions, and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise . it shall be and remain in full force and virtue. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work to be performed thereunder. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof , have been duly exeucted by the Principal and ,surety herein named, on the 2.9th day of September , 19 77 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL By - � -20- x, By Balboa Insurance Company SURETY By /1r� fit Neal =G. Witut Attorney in Fact i -21- STATE OF—Ea 1 orn, )ss: County of 0-range On this 29th day of September 19-----77beforeme Alma : . Horton a Notary Public in and for the said County of Orange State of Caliio, ni.a residing therein, duly commissioned and sworn, personally appeared Neal L. ?litt known tome to be the Attorney-in-Fact of the Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he su�4ssribad Lka,atanae,aaf,tl�e, IMdNSwPance Company thereto and his own name as Attorney-in-Fact. 'c OFFICIAL SEAL E ALMA F. NORTON =-dffi'v NOTARY PUBLIC CALIFORNIA 66•�i� 5 �' a PRINCIPAL OFFICE IN 3 Notary Public In and for the County of ORANGE COUNTY Expires May 11, 1881 = Orange Cali :o;-ni.a y.....MY Commission Ez11��,,,,,,,,,,,,,,,,��„��,��,�,��„��,�, State o 1L0O2ZR776� If PROOF OF PUBLICATION This space isor a Coney Qerk'a Alin:Stamp (2015.5 C.C.P.) RECEIVED 1\j,� STATE OF CALIFORNIA, SEP Z 1149 AN '?? County, of Orange City of San Clemente f, I T Y "IF Proof of Publication of T,`OTTCF TPIVITTNG BIDS I am a citizen of the United States and a resident . of do of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested Vie in the above-entitled matter. I am the principal MEMY to cleric of the printer of the San Clemente Sun-Post the state of $la!Jasa a newspaper of general circulation printed and 646iWaWpothisedaw m general the published ..._......Da:ilY..._...�...._...�._................_ PW diem WWa9W`_ ffis general ......... in the City of San Clemente and County of Orange, and which newspaper has been oto adjudged a newspaper of general circulation by gan m the Superior Court of the County of Orange, State man of California under the date of March 11, 1960, L it is Cane Number A9140; pfhblrlded ' , d am as ben �� R that th"otice, of which the annexed is a printed IImR ora to cWtMed ep�ed�d�a5y,5�ted,sad rii�ges to copy (set in type not smaller than nonpareil), has es s t*Vms .bad bdWay work dba0 ad,be krg been published in each regular and entire issue of to d" thanp Yr K In C46*V4 of said newspaper and not in any supplement thereof thenteaThe- fAr" Mc 78113?.3 adopbd tJfq_' check or � ('osee0'01W ow llij]bsd on the.... following dates, to-wit ^^ _ ._ Wi 10118tgtie agtgY' �pnuafBo{.ada. e evon' Au ust 26 and September 2 �pie� enter haat are ua tlleirie all in the year 19._2,7 tan I certify (or declare) under Penalty of perjury A P is that the foregoing is true and correct aR10:pa sten, ad the �r I , ani, at1 " s Dated at San Clemente, California, this 2ndSpmber addrogeghotmis dafof ......_e_ te._ 19 2 .. iWA �_C�.�Y J.....✓G�L!�C�C.E ��s r5 b do dp t°A a In . Signature capWcs lobe daeeeat' an°mept of a to SAN CLEMENTE PUBLISHING CORP.' 1542 North El Camino Real - P.O. Box $67 San Clemente, Calif. 92672 - Phone 714-492-5121 9f 4t fY' SAN sow, of the to[ggsM!a pr,(ca and: , cent) at tplk 1Le.C7y Ftbe iroceivgd and to " tbs ntlative mer14 Atifr*� hide and to ehk��wwt��+ski m the ohiatbaef it�iR. gave the i "or W"of edd(2ty. PubYllked�l,� , Wit:: !�. rMfUi MICE OF AL —LEGAL PUBLICATIONS P TO: DAILY SUN-POSIP 4 £ Helen Nielsen, Legal FOR PUBLICATION ON: Friday, August 26, 1977 . Friday, September 2, 1977 DOCMIENT(S) TO BE PUBLISHED: " NOTICE INVITING BIDS - Maintenance of Descanso Park and Specified Parkways, in the City of • San Juan Capistrano PROOF OF PUBLICATION: Please send to: Office .of the City Clerk City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED BY: DATE: Auqust 18 , 1977 Date sent to paper Date proofed Date published Date affidavit received Cost • NOTICE INVITING BIDS ' Public notice is hereby given that the City of San Juan Capistrano will up to 11:00 a.m. on the 13th day of Se tPmber, 1977 . receive sealed proposals or bids for the Maintenance o Descanso Park and Specified Parkways, in accordance with the approved specifications. on file in the o face of the City Clerk of the City of San Juan Capistrano, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Each proposal or bid must be accompanied by a certified check, cash, cashier's check or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 &;js after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. , on the 6th day of September , 1977, at the City Offices." The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the contract documents or specifications. It is the contractor' s responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the .City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the "City shall not be responsible for any instructions, explanations, or' interpretation of the specifications and contract documents presented to the bidders in any manner. t BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the labor code of the State of California, the City of San Juan Capistrano has ascertained and determined the general prevailing rate of .per diem wages , and the .general prevailing rate for legal holiday and overtime work in the locality in which said work is to be performed for each craft classi- fication or type of workman needed, to execute the contract for said work which contract will be awarded to the successful bidder. The general prevailing rates so determined are as hereinafter provided. wages for trades not specifically listed, and wages to be paid for overtime and holiday work shall not be less than the prevailing rates in Orange County. Resolution No. " 76-11-17-3 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates -and other information. -1- •e iy Copies of the specifikons are on file in the ice of the Cit.y, Clerk ' of San Juan Capistrano, 32400 Paseo Adelanto; San Juan Capistrano, California. Copies of the specifications for use in preparing bids may be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. One set of specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of $5. 00, non-refundable, is required for ob- taining each set of specifications. Each bidder shall state the California Contractor's License Number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors'. This Notice is hereby give:, and published by order of the City Council of the City of San Juan Capistrano, and is dated this 18th day of August, 1.977 CITY CLERK CITY OF,"SAN JUAN CAPISTRANO ORANGE COUNTY, CALIFORNIA The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal ifi amount to one hundred percent (1008) of the annual contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the annual contract price. The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. -2- AGENDA ITEM September 21, 1977 TO: James S. Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Award of Contract for Maintenance Services (Descanso Park and Specified Parkways) SITUATION: On September 13 , 1977, the City received bid proposals for maintenance of Descanso Park and specified parkways in the City . Only one bid was received from Toyo Landscaping Co. - the same company which presently maintains Junipero Serra and El Camino Real parks . Toyo Landscaping Co . has been performing satisfactorally in the maintenance of those two parks . Since Toyo Landscaping Co . is satisfactorily performing the contract and specifications for Junipero Serra and E1 Camino Real Parks, staff considers that this company would also perform the Descanso Park and specified parkway contract in anestablished satisfactory manner . FINANCIAL CONSIDERATIONS: The proposal from Toyo Landscaping Co. is $1100 per month or $13,200 per year. This figure includes costs for personnel, equipment, and supplies. This figure is lower than the engineers estimate of $2,200 per month. ALTERNATE ACTIONS: I . Authorize the Mayor to execute the agreement for maintenance of Descanso Park and specified parkways . 2 . Reject the proposal . 3 . Request further study from staff . RECOMMENDATIONS: By motion, authorize the Mayor to execute the agreement for maintenance of Descanso Park and specified parkways. Respectfully submi ed, W. D. Murphy WDM:WPB: ls FOR CITY COUNCIL AGENDA ... / 9 h' AGEMDA ITEM August 3, 1977 TO: James S. Mocalis , City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - PARK AND PARKWAY MAINTENANCE - DESCANSO PARK AND SPECIFIED PARKWAYS SITUATION: During staff preparation of the budget, in the discussion of parks and parkways maintenance, there was a proposal to utilize contract services rather than add new personnel. These costs were reflected in the budget in the professional services account within the parks and parkways maintenance program. Subsequent to the adoption of the budget, an analysis has been prepared to compare the costs of contract maintenance for Descanso Park and certain specified parkways (see attach.) versus City personnel. A current estimate is that the City is expending the equivalent of one man-year of park maintenance personnel in performing this service. We equate the cost of one man-year to be approximately $14 , 650 per year. This figure includes salary, benefits and overhead, but does not include equipment, fuels, fertilizers and other miscellaneous supplies . A value for this is difficult to determine as the cost for the equipment and specifications are capitalized over the entire park maintenance program. The City' s first contractual maintenance service, at Junipero Serra Park, is working effectively. Due to the vast amount of City parks and parkways maintenance, Descanso Park and these other parkways have received only minimal attention by the Public Works Parks and Parkways crew in the .past few months. However, whatever the outcome of this bid, the City is expected to maintain a skeletal crew to provide backup service capable of maintaining new areas as they are developed. FINANCIAL CONSIDERATIONS: The bid on contract services for Descanso Park and Specified Parkways should be evaluated against the direct cost of personnel $14 , 650 per year, with consideration given to equipment and supplies. ALTERNATE ACTIONS : 1. Approve the call for bids for maintenance of Descanso Park and Specified Parkways, and authorize the City Engineer to call for bids. FOR CITY COUNCIL AGENDA ... / Apploval of Specifications -2- August 3, 1977 2. Modify the call for bids for maintenance. 3. Request further information from staff. RECOMMENDATION: By motion, approve the call for bids for maintenance of Descanso Park and Specified Parkways , and authorize the City Engineer to call for bids. �Respectfully submitted, W. D. Mur Y� WDM:CF:cj ' CITY OF SAN JUAN CAPISTRANO ORANGE COUN�'Y ' STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS ' FOR PARK AND PARKWAY MAINTENANCE DESCANSO PARK AND SPECIFIED PARKWAYS r ' 1 . CITY COUNCIL ' YVON O. HECKSCHER, MAYOR ' DOUGLAS B. NASH JOHN B. SWEENEY RICHARD D. MCDOWELL };ENNETH E. FRIESS W. D. MURPHY ' DIRECTOR OF PUBLIC WORKS - CITY ENGINEER 1977 1 - TABLE OF CONTENTS ' page ' CONTRACT DOCUMENTS ' NOTICE INVITING BIDS j ' BID PROPOSAL 3 ' NON-COLLUSION AFFIDAVIT 7 INSTRUCTION TO BILOERS g ' AGREEMENT 12 BID BOND 18 FAITHFUL PERFORMANCE BOND 20 LABOR AND MATERIAL BOND 22 ' GENERAL PROVISIONS 23 1 ' 1 ' NOTICE INVITING BIDS ' Public notice is hexaby given that the City of San Jua:i Capistrano will ,up to 11 : 00 a.m. on the 13th day of September , 1977, , receive sealed proposals or bids for the Maintenance of Descanso Park and Specified Parkways, in accordance with the approved specifications on file in the office of the City Clerk of the City of San Juan Capistrano, City Hall , 32400 Paseo Adelanto, San Juan Capistrano, California. Bids will be received until the time hereinbefore indicated ut the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. ' No bid will be received unless it is made on a proposal provided within these specifications . Each proposal or bid must be accompanied by a certified check, cash, cashier ' s check or bidder ' s bond payable to the City of San Juan Capistrano in the sum of not less than ten percent ' of the amount. The bid check, cashier ' s check or bidder' s bond of the successful bidder ' will be forfeited to said City in the event such successful bidder fails to enter into the required contract within 25 days after the written notice that said contract has been awarded to him for the work. ' A pre-bid conference is scheduled at 10 : 00 a.m. , on the 6th day of September , 1977,, at the City Offices . The contractor shall have the opportunity for clarification or interpretation of any point or points ' of question within the contract documents or specifications. It is the contractor ' s responsibility to be in attendance at this conference to receive any information disclosed during the proceedings , for the ' City shall not disseminate any records of the conference. Exclusive of written addendums and this pre-bid conference, the -City shall not be responsible for any instructions , explanations , or interpretation of ' the specifications and contract documents presented to the bidders in any manner. BIDDERS ARE HEREBY NOTIFIED THAT, pursuant to the labor code of the ' State of California, the City of San Juan Capistrano has ascertained and determined the general prevailing rate of per diem wages, and the general prevailing rate for legal holiday and overtime work in the ' locality in which said work is to be performed for each craft classi- 'fication or type of workman needed to execute the contract for said work which contract will be awarded to the successful bidder. The general ' prevailing rates so determined are as hereinafter provided. wages for trades not specifically listed, and wages to be paid for overtime and holiday wort: shall not be less than the prevailing rate's in Orange ' County. Resolution No. 76-11-17-3 adopted by the City Council of the City of San Juan Capistrano sets forth in detail said prevailing rates and other information. -1- • • ' Copies of the specifications are on file. in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the specifications for use in preparing bids fnay be obtained at the office of the City Clerk, San Juan Capistrano, at the address shown above. Cne set of specifications is available -for each general contractor proposing to submit a bid for said work. A charge in the amount of $5. 00, non-refundable, is required for ob- taining each set of specifications. Each bidder shall state the California Contractor ' s License Number of such bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California- relating to the licensing of Contractors. ' This Notice is hereby given and published by order of the City Council of the City of San Juan Capistrano, and is dated this 18th day of August , 1977 CITY CLERK CITY OF//SAN JUAN CAPISTRANO ' ORANGE COUNTY, CALIFORNIA ' The successful bidder, simultaneously with the execution of the contract, will be required to furnish a faithful performance bond equal in amount to one hundred percent (100%) of the annual contract price and a labor and materials bond equal in amount to one hundred percent (100%) of the annual contract price. ' The City Council reserves the right to reject any and all bids received and to compare the relative merits of the respective bids and to choose that which in the opinion of said City will best serve the interests or needs of said City. - 1 1 1 -2- 1 ti hy \ oprl " Jo /�1,,1�� J✓„4411!” . �`� � � ��f�N ��1/i t�t/:u ,_✓`��,=":." �� u)"�;T(1�C'j,~,.� °'f ,��'�'_ ;•�/_ ` / � f / lr / Hyl// � `-1 • \�� M r` i > "v.�i��51 !LH X11_11 `�•1 .`� T Il �''IJ �A( y X14 it I SVA-1• A\ 1 r W .! Oma•- Z_1�L • t 1 �_ INSTRUCTION TO BIDDERS Al Securing Documents. ' Specification documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids. " Examination of Specifications and Site of Work. The bidder is required to examine the site of work, the proposal, and the specifications very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. j1 Disqualification of Bidders. 1 No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals. �. Bids to receive consideration shall be .in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out, ' and the signatures of all persons signing shall be in longhand. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing ' the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except ' as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. ' E. Each bidder must accompany his bid with either a cashier ' s check upon some responsible bank, or a properly certified ' check upon such bank, or an approved corporate surety bond payable to the City for such a sum of not less than ten (10) ' -8- 1 ' percent of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith eater into such contract and . ' furnish the required bonds: The bidder agrees that, in case of his refusal or failure ' to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of ' the City and, if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10) percent of the amount of the bid. A bid received and not accompanied by such cashier' s check, certified check or approved bond shall. be rejected. ' F. Bids shall be delivered to the City at the location stipulated, on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids. " Bids shall be enclosed in a sealed envelope bearing the title ' of the work and the name of the bidder. Licensing of Contractor. ' All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of ' California and the applicable ordinances of the City and County before doing any work of any kind. ' Withdrawl of Bids: Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals. ' The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids. " Bidders or their authorized representatives are invited to be present. ' Interview of Bidders ' If deemed necessary, the three lowest bidders will be requested to appear for interview before the Director of Public Works or his authorized representative. ' Award of Contract or Rejection of Bids. No bidder may withdraw his bid for a period of forty-five (45) days after ' the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the forty-five (45) days from the date set for the opening of bids. -9- 1 ' The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids. " The City, however, reserves the right to reject any or all bids ' and to waive any nonconformity in the bids received. The bidder to whom the award is made shall execute a written Contract with the City and furnish the stipulated bonds within ten (10) days after the notice of award of contract. The Contract Agreement shall be made in the form adopted by the City. The release of the successful bidder's surety deposit, as previously stipulated, shall be made upon ' the City' s acceptance of the Labor and Materials Bond and the Faithful Performance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first ' award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. ' Within ten days after the awarding of the contract, the City will return the proposal guarantee accompanying each of the proposals which are rejected. i ' Bonds. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Materials Bond in a sum not less ' than one hundred percent (100%) of the total annual amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the total. annual amount of the contract. Said ' bonds shall be secured from a surety company satisfactory to the City.Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and be on the accredited list of the United States Treasury. Time of Performance. ' The work shall be commenced within fifteen (15) calendar days from the date of execution of the contract and shall be diligently prosecuted for a period of twelve (12) months. ' Assignment of Contract. ' No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority and the ' surety has been given notice of such assignment in writing and has con- sented thereto in writing. Workmen and Wages. ' Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall -10- not be less than prevailing wage rates determined by the City pursuant ' to said Code and as listed in the "Notice Inviting Bids. " i i1 I i' I i' I'i t 1 ' -11- GENERAL PROVISIONS A. Turf Grass ' 1. All lawn areas are to be mowed weekly, or as needed to maintain the height specified below and borders neatly edged. Trim around sprinkler heads as needed to provide maximum water coverage. Trim around planters. Remove and dispose of all cuttings. Mow to the following height: Bermuda 1/2" to 1" Bluegrass 1-3/4" to 2-1/4" 2. Irrigate as necessary to maintain proper growth rate and optimum appearance (see Section 3.E. , Irrigation) . 3. Maintain lawn areas in a weedfree condition. a. A preemergent crabgrass control shall be applied to all bluegrass turf between February 15 and April 15 of each year. b. Chemical control of broadleaf weeds shall be initiated on an as-needed basis to maintain ' a "weed free" turf condition. This shall be the program for all bluegrass and bermuda grass areas. 4. Aerate once a year between February 1 and March 31. Aerate all turf by removing 1/2" by 2" cores of sod with an aerator machine at not more than 6" spacing. ' 5. Turf shall be dethatched once a year between February 1 and March 31. This shall be accomplished by using a ' "flail type" dethatching machine. 6. Fertilization: ' a. Bluegrass turf shall be fertilized every 30 to 45 days, as needed, at the rate of one pound of actual nitrogen per 1, 000 square feet. A 16-6-8 ' formula with trace elements is recommended. b: Bermuda grass turf shall be fertilized at .the rate ' of one pound of actual nitrogen per 1, 000 square feet. Fertilizer of an ammonia nitrate 33 . 5-0-0 formula shall be applied once during the months of January and December. Fertilizer of a urea 46-0-0 formula shall be applied every 60 days February through November. ' - -23- 1 ' 7. A broad spectrum fungicide (such as Actidone RZ) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each .year. Additional appli- cations shall be made at the curative rate as necessary throughout the year. B. Slope Care ' 1. Ground cover (grass, herbaceous plants) i a. Irrigate as required to maintain a reasonable appearance. ' b. Fertilization: 1. Iceplant areas shall be fertilized when ' recommended by the Director of Public Works or his authorized representative with the rate of each application to be one pound of actual nitrogen per 1, 000 square feet using a 16-16-16 formula material. 2. Grass areas (Alta Fescue, etc. ) shall be ' fertilized every 120 days with the rate of each application to be one pound of actual nitrogen per 1,000 square feet using a 16-16-16 formula material. c. Control pests, including rodents and snails, as needed. d. Maintain slopes weed free. ' e. Maintain a maximum allowable height of 24" on slope areas. The seed stems and heads shall be removed from the grass (Alta Fescue, etc. ) before they go off color each year. f. Trim and edge to maintain sidewalks and curbs free of plant growth. C. Shrub and Ground Cover Care ' 1. Prune to maintain reasonable size and appearance. 2. Annually thin out, shape and head back all shrubs. ' 3. Control pests and diseases as needed. 4. A broad spectrum preemergent weed control, such as Treflan, shall be applied to shrub beds and ground cover beds in April and September of each year. -24- ' Additional weed control shall be initiated as necessary to maintain a weedfree condition. 5. Ground cover areas should:' be fertilized every ninety (90) days with the rate of each application to be one pound of actual nitrogen per 1, 000 square feet using 16-16-16 formula material. ' 6. Trim and edge as necessary to restrict growth from encroaching on sidewalk or other adjacent areas. 7. Irrigate as required to maintain adequate growth rate and reasonable appearance. B. Annual bedding plant areas shall be programmed for replacement as directed by the Director of Public Works or his authorized representative. Replacement plants shall be of a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maintenance ' programs covered in this .section shall apply to these annual Ledding plant areas as well. D. Tree Care ' 1. Shape, trim and prune to maintain a reasonable appearance. ' 2. Annually thin out, shape and head back all trees. 3. Control pests and diseases as needed. 4. Remove all dead and damaged branches back to point of ' breaking. 5. Stake and support trees when necessary. 6. Stakes and ties will be placed so no chafing of bark occurs. Remove as soon as no longer needed. ' 7. All guys and ties shall be checked frequently to avoid girdling. ' 8. Applications of an iron chelate fertilizer shall be used as needed throughout the year, where necessary to maintain healthy, vigorous growth and good foliage color. 9. Irrigate as required to maintain adequate growth rate appearance. -25- ' E. Irrigation System 1. The CONTRACTOR shall maintain the complete sprinkler system in an operable condition. 2. Repair and adjust all sprinkler heads to maintain proper coverage. 3. Adjust water application to compensate for changes in weather. CONTRACTOR will be responsible for ' damages occurring due to under-watering or over- watering. ' 4. All replacements to be with original type material or substitutes approved by the CITY. 5. Repair or replacement of equipment damaged as a result of CONTRACTOR'S negligence shall be replaced at the CONTRACTOR'S expense. ' 6. Damage not resulting from CONTRACTOR'S negligence will be reported promptly to the CITY, together with an estimate of costs for correction of the condition. All systems to be operationally checked a minimum of once a week. ' 8. Irrigation of park will be accomplished between 10: 00 p.m. and 3: 00 a.m. , subject to change by CITY. ' 9. Irrigation by water truck will be accomplished during daylight hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank is required. ' F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 1 2. Inspect and check all benches and equipment for vandalism and safety hazards; make minor repairs ' and report major damage to CITY. 3. Maintain concrete areas by hosing off sand and base ' materials a minimum of once a week. 4 . Immediately remove all broken glass and any sharp objects. ' -26-. G. Restrooms 1. As required, restroom facilities will be maintained by CITY. ' H. . General . 1. Vegetation shall not overhang a sidewalk at less than 7 feet in height or a roadway at less than 14 feet in height. ' 2. All operations will be conducted so as to provide maximum safety for the public. 3. Where CONTRACT work may create potential or known hazards on streets or roads and to persons traversing them, CONTRACTOR shall obtain at his own expense and place whatever signs , lights , barricades, cones or other safety devices are necessary to prevent accidents , injuries or damages, consistent with the Orange County ' Manual of Warning Signs, Lights and Devices and with all other applicable ordinances and statutes. When working adjacent to the roadway, red vests shall be worn at all times. ,. 4. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite. Trash cans provided by the CITY will be emptied And washed out after emptying. 5. CONTRACTOR will clean sidewalks, roadways , and any other areas dirtied by his maintenance operations. ' 6. CONTRACTOR will report to CITY any malfunction of the lighting system in any CITY-maintained area 7. Notification of all "specialty type" maintenance ' operations shall be given to the CITY 48 hours prior to each of these operations by the CONTRACTOR. "Specialty Type" maintenance operations are defined as : fertilization, preemergent weed control; turf aerification; turf dethatching; preventive application of turf fungicide; and annual type bedding plant ' replacements . 8. CONTRACTOR is required as part of this Agreement to furnish all materials necessary to accomplish maintenance in accordance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. ' -27- . 1 CONTRACTOR is further required to stock high usage items for repair of irrigation systems. CONTRACTOR will be reimbursed the wholesale cost of such materials ' and parts upon presentation of properly itemized invoices. Any other types of materials required to be furnished will be considered as extra work (see Exhibit I, H) . 9. CONTRACTOR is required to maintain an office in Orange County and provide the office with phone ' service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting CONTRACTOR by radio or pager. CONTRACTOR is further required to provide CITY with an emergency number for contact outside the normal working hours. ' 10. Whenever herbicides are used, CONTRACTOR shall apply when air currents are still, to prevent herbicide ' drift onto adjoining property, and to prevent any toxic e.-posure to persons whether or not they are in or on the grounds. 11. CONTRACTOR is also required to provide uniforms and name badges for all field personnel. • 12. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. ' 13. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 14. Compile and maintain "as builts" of all irrigation systems to include location and serial numbers of major components. Turn over to CITY on termination of agreement. 15. CONTRACTOR shall not block bike trail with equipment ' or materials during or after his maintenance operations. 16. Rake and remove debris, trash and other materials a minimum of twice a week. 17. Remove from park• and parkways any and all animal feces or materials detrimental to human health daily. Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein. it appears ' -28- there is danger of injury to persons or damage to property. 2. Extra work may be 'requiied by the CITY as a result of acts of God, vandalism, theft, civil disturbances or , I' accidents. ' 3. Extra work may be required by the CITY in order to add new landscaping or to delete or modify existing landscaping. ' 4. Payment for extra work will be based on actual cost of labor, plus wholesale cost of materials plus 20 percent of materials.. ' S. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent of the annual cost of the Agreement. ' J. Standards of Performance All other portions of this Agreement notwithstanding, it is ' agreed that the intent of this maintenance contract is to provide a level of maintenance that will present a pleasing and desirable appearance at all times. CONTRACTOR agrees to maintain all designated areas covered by this Agreement at such level. I 11 i 1 ' 1 STATE COMPENSATION P.O. BOX 807,SAN FRANCISCO,CALIFCRN[A 94101 INSURANCE g�(4,E� I ED FUND OCtobe `12; 1977 Ocs I� !3e ?v CERTIFICATE OF WORKERS'COMPENSATIO& IN$U,RANCE S ', City of San Juan Capistrano Building Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration 434694-77 1-1-77/1-1-78 EMPLOYER RESIDENT Toyo Landscaping Company 523 South Newhope Avenue Santa Ana, California 92704 ALL OPERATIONS SCIF FORM 262A(REV.2-76) ®. 43Z400 FAs$o"AO Hi,aNTa; 1{ SAN J T* PI5TRAN0;CAYFF?RN1,A 92675 a / September 27, 1977 Toyo Landscaping 523 South Newhope Avenue Santa Ana, California 92704 Re: Park and Parkway Maintenance, Descanso Park and Specified Parkways Gentlemen: At their meeting of September 21, 1977 , the City Council awarded the contract for the above-mentioned project to your company in the total amount of $13, 200 . 00. Enclosed are two copies of the contract documents which have been signed by Mayor Pro Tem Friess. Please sign both copies of the documents or. Pages 4, 6 , 7 , 17, 18 , 19, and 20 and return the "City Copy" to this Office. The second copy is for your files. It will also be necessary for you to comply with the bonding requirements set forth on Pacte 13 and the insurance requirements set forth on Pages 14 and 15 . Thank you for your cooperation. Very} truly yours, CHERYL JOH SO Deputy City Clerk CJ/cd Enclosures cc: Director of Public Works Ti�A\ T fl CE c)+ b c ANSo RNLK Ala S�ci flc4 PRUWU W PEtl F1[ATIONS f.DR4w J46- 4 S . O o tJoN kefunA4bic ` _ - or=so,k�� Scp-4errnbeK 131)911 NAME ADDRESS PHONE PIE: -' '�' G_' AZ01-� Li 13 �� CAL-O.P.Al INSURANCE COMIONY r BERKELEY, CALIFORNIA CER 1FICATE OF INSURANCE ate• +-' T MIS IS TO CEPTIHIi FY THAT TL INS UR AtJCE POLICY AS SPECIFI��P BFF-LOW HAS BEEN ISSUED BY CAL FARM INSURANCE COML'n!JII '! 10 IE INSUREL HEHF IN, EFFECTIVE AS OF '(HE DATES AND E yy))'1-rE cIMLT� AND COVERAGES SPECIFIED BELON. THIS CEPTIFICATL OF llSjll ANCL DOLS HOTIN ANY WAY AMEND. EXTEND, ALTEp,161Tl VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES RCFERPED TO HEREIN. IT 15 SIMPLY A SYNOPSIS. OR SUMMARY OF THE ACT'UAL•I NVSASIIFV E CONTRACT. NOTICE TO CERTII ICATE OF INSURA14CE HOLDER' `` k 'I h THE CERTIFICATE OF INSURANCE HOLDER IS ENTtY I41EUD�lTl0 10 DAS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF 1N'I)FANCE HOLDER. THE EFFECTIVE DATE OF C AMC ELLAT14!BIt1A L BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCEi.I.ATION DATE SPECIFIFO 114 THE CA14CELLATION NOTICE, WHICHEVER 15 LATER. t , AGENCY CODING INSURED: - Toyo Landscaping Co, Inc, 523 South Newh.ope j Santa Ana, California 92704 1 30 03 POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE COMBINED SING-LE KI14D OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS AUTOMOBILE 710234 $ 300,000 Ea. person LIABILITY $ 500,000 Ea. accident $ 25,000 Ea. accident MANUFACTURERS' AND $ 1000 Ea. person $ 000 Ea. occurrence $ 1000 Ea. occurrence CONTRACTORS' LIABILITY $ 1000 Ea. occurrence $ 000 Aggregate $ .000 Aggregate OWNERS', LANDLORDS' $ 000 Ea. person $ 1000 Ea. occurrence $ 000 Ea. occurrence AND TENANTS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 1000 Aggregate $ ,000 Ea. person PRODUCTS/CONIPLETFD $ ,000 Ea. occurrence $ ,000 Ea. occurrence $ ,000 Ea. occurrence OPERATIONS $ ,000 Aggregate $ 000 Aggregate $ 000 Aggregate CONTRACTUAL $ 1000 Ea. person $ 1000 Ea. occurrence $ 000 Ea. occurrence LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ ,000 Ea. person COMPREHENSIVE GENERAL $ 1000 Ea. occurrence $ ,000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY $ 000 Aggregate $ 000 Aggregate $ 000 Aggregate OTHER: � i J5f� � T H6 CERTIF1CATF ISSUED TO CAL-PARM INSURANCE COMPANY City of San Juan Capistuano 32400 PAseo Adelw,to San Juan Capistrano, California DATE May 10, 1978 92675 By Aunwuam I�nl sl rvTA cc a>nu r Ulf O�j !�%/l �lllll ��/JlllI11I P 32400 PASEO ADELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 '-PHONE 493-1171 September 19, 1978 Toyo Landscaping, Inc. 523 South Newhope Avenue Santa Ana, California 92704 Re: Extension of Contract and Call for Bids - Landscaping Services Gentlemen: At their meeting of September 6, 1978, the City Council approved specifications and a call for bids for landscape maintenance of Descanso Park and related parkways . As you are aware, your existing contract for these services has been extended from September 12 to December 31, 1978 . It is anticipated that bids will be received on or about November 1st . We will notify you of the procedure and hope that your company will submit another bid for the landscape services. If you have any questions, please contact Bill Becker in the Public Works Department. Thank you for your cooperation. Very truly yours , MARY ANN HANOVER City Clerk mh cc: Director of Public Works Bill Becker K91 32400 PASCO AOELANTO i SAN JUAN CAPISTRANO.CALIFORNIA 92675 'PHONE 493-1171 August 30, 1978 Toyo Landscaping Company 523 S. Newhope Avenue Santa Ana, California Attention: Francis Ashita Dear Mr. Ashita: Re: Landscaping Agreement - Descanso Park & Specified Parkways As you are aware, the existing agreement between the City of San Juan Capistrano and your company expires September 12, 1978. By this correspondence, the City is extending the present maintenance agreement through December 31, 1978. During this time period, the City will be rebidding for the services of landscape maintenance of Descanso Park and speci- fied parkways. This determination has no reflection on the services you are currently providing . We encourage your par- ticipation in the bidding process . No substantial changes have been made in the existing agreement . We look forward to working with you in the future . Very truly yours, CITY OF SAN JUAN CAPISTRANO W. D. Murphy Director of Public Works WDM: WPB/tm • NAME AND ADDRESS OF AGENCY WESTERN COMMERCIAL INSURANCE AGENCY COMPANIES AFFORDING COVERAGES 1850 E. 17th Street, Suite 210 COMPANY A Santa Ana, California 92701 LETTER „ CENTRAL MUTUAL INSURANCE COMPANY y— / /"7-r COMPANY � �— lf ,N! LETTER C NAME AND ADDRESS OF INSURED COMPANY r) :9✓ TOMO LANDSCAPING COMPANY, INC. = m 523 South Newhope Avenue COMPANY p c' Santa Ana, California 92704 LETTER c� r^ COMPANY LETTER This is to certify that policies of insurance listed below have been Issued to the Insured name('above and are in force.Zthis time. COMPANY POLICY Limits of Liability in Thoucands LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE ((''"" GENERAL LIABILITY BODILY INJURY s500,OO s 11COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE s 500,00 E ❑ EXPLOSION AND COLLAPSE A HAZARD G UNOF.RGROUND HAZARD LA W 056 411 5/7/79 ®PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE I$ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ®❑ INDEPENDENT CONTRACTORS /�/� PERSONAL INJURY PERSONAL INJURY $ 500,00 OMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ © C MPREHENSIVE FORM BODILY INJURY $ SOO,OO ❑x 0 ED (EACH OCCURRENCE) A OHI ED GLA W 056 411 5/7/79 PROPERTY DAMAGE $ , BODILY INJURY AND N NOWNED PROPERTY DAMAGE $ LM f1 COMBINED XCE9S LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM RE WED AN 4AP(IR OVED: PROPERTY DgMAGE E E OTHER THAN UMBRELLACOMBINED FORM �1 !� WORKERS'COMPENSATION ADM NISTRAT E SERVICES S O I STATUTORY and EMPLOYERS'LIABILITY Dated: $ .[KH>cnocnn OTHER DESCRIPTION Of OPERATIONS/LOCATIONSNEHICLES JOB: Park and Parkway Maintenance Desconso Park and Specified Parkways. Cancellation: Should any of the above desifed policies be cancelled before the expi ation date thereof. the Issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon th?company. NAME AND ADDRESS OF CERTIFICATE HOLDER May 31 , 1978 CITY OF SAN JUAN CAPISTRANO DATE I$BDED_ 32400 Paseo Adelanto San Juan Capistrano, California 92627 AUTHORIZED REPRE ENTATIVE ACORD 25 EC.2-77 X J Bit, J WESTERN 04MERCIAL INSURANCEOGENCY r) 1850 E. 171h STREET, SUITE 210 • SANTi, ANA, CALIFORNIA 92701 (714) 335-1575 C ✓E.U MAY S 11 5' RV78 Insured TOYO LANDSCAPING COMPANY, INC. f' I17 '` ORIGINAL ❑ Insured � ?,; TO ❑ Company 523 South Newhope A '! ®C!,Ga�`°' °` wy-- COPIES © lnsA Santa Ana, .California 92704 TO Company ❑ File Folder In compliance with the application of the insured named above and pending issuance of policy, we hereby agree to hold bound for a term as indicated for the coverage as outlined: AM Effective date of,coverage May 7 _1978 at 12:01 11 Ao June 7 1978 Name of Company CENTRAL MUTUAL INSURANCE COMPANY COVERAGE This will serve as renewal binder for Policy No. of the ❑ CONTINUATIONInsurance Company expiring 19_ Unless indicated in "Remarks" section, coverage is renewed oil "As Is" basis. - Type of Coverage: III Limits_ Year PD Limits Kind ❑ AUTO Medic:d Motor No. Uninsured Motorist Comprehensive Fire &Theft $ Ded. Collision Amount of Coverage: $500,000 .CSL % Average Clause ❑ FIRE Type of Coverage: General Liability - Property Damage & Bodily InJurV ® OTHER Property or Operations Insured: Each risk insured by this binder is covered subject to the agreements, general conditions, special conditions and war- ranties of the Policy used by this Company in the writing of the kind of insurance applied for. Premium shall be computed for the term of coverage in accordance with current rates of the binding company in effect at inception of binder coverage. Notice of cancellation of this binder given by the insured or by the company shall effect immediate cancellation of all insurance hereunder, except as respects the interest of the Loss Payee. OHSX>�XI(3bll�(ifPkl4ltdtYrXICNo1X Remarks this binder with respect to 1 BINDER ISSUED TO: jobs_` OF CANSQ-PARK CITY OF SAN JUAN CAPIS_T_R_ANO _ EL CAMINO REAL PARK 32400 Paseo Adelanto JUNIPERO PARK ~ San Juan Capistrano, California 92675 - --- ----------._..----- — ---- - G �..• _J IS 17 ` ATTENTION: City Clerk - - - Santa Ana, Ca. 76 Issued at_ 19 _- 1��6LX:n �; 7" • 1 MEMORANDUM TO: DAVE SMITH, ADMINISTRATIVE SERVICES OFFICER FROM: CATHLEEN DU COING, RECORDS CLERK DATE: MARCH 24 , 1978 SUBJECT: INSURANCE CERTIFICATES FOR TOYO LANDSCAPING COMPANY CITY AGREEMENTS NOS. 148 AND 184 Attached are two certificates of insurance for Toyo Landscaping Company. 1. Certificate of Insurance dated January 31, 1978 , from Mr. Steve Arnold. As best as I can tell , this certificate should go with Agreement No. 148 for maintenance of Junipero Serra and E1 Camino Parks. The previous certificate of insurance dated August 16, 1977 for Toyo for Junipero Serra had lower amounts, but both have effective dates of February 17 and 18 , 1977 . Copy of certificate dated August 16, 1977 and copy of contract were given to you on October 11, 1977 . �2. Certificate of Insurance dated January 24 , 1978 , from Melva Tomas. This certificate of insurance would appear to be for Agreement No. J1 4 for the maintenance of Descanso Park and Parkways, and has "corrected" at top and date of June 2, 1977 matches the certificate received for this agreement. Copies of the Commercial Account Policy and Certificate of Insurance were given to you on November 11, 1977 . I am again attaching copies of all information for both contracts and the insurance certificates. These need to be approved by you as soon as possible as the work for these contracts are being done at this time. Thank you for your cooperation in this matter. cc: File No. 148 File No. 184 Poll . CALORM INSURANCE CON*NY �. ' . BERKELEY, CALIFORNIA CERTIFICATE OF INSURANCE CORRECTED THIS IS TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED BY CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES AND FOR THE LIMITS AND COVERAGES SPECIFIED BELOW- THIS CERTIFICATE OF INSUR' ANCE DOES NOT IN ANY WAY AMEND, EXTEND. ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN. IT IS SIMPLY A SYNOPSIS, OR SUMMARY OF THE ACTUAL INSURANCE CONTRACT. NOTICE TO CERTIFICATE OF INSURANCE HOLDER. THE CERTIFICATE OF INSURANCE HOLDER IS ENTITLED TO 10 DAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOLDER, THE EFFECTIVE DATE OF CANCELLATION SHALL BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE, WHICHEVER IS LATER. AGENCY CODING INSURED. STATE TOYO LANDSCAPING COMPANY, INC. `�U " T`RR' 523 S. NEWHOPE SANTA ANA, CA 92704 1 30 09 POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE COMBINED SINGLE KIND OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS AUTOMOBILE $ 000 Ea. person LIABILITY $ 1000 Ea. accident $ 000 Ea. accident MANUFACTURERS' AND $ ,000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence CONTRACTORS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate OWNERS', LANDLORDS' $ 1000 Ea. person $ 000 Ea. occurrence S 000 Ea. occurrence AND TENANTS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ ,000 Aggregate $ 1000 Ea. person PRODUCTS/COMPLETED $ ,000 Ea. occurrence $ 1000 Ea. occurrence $ 1000 Ea. occurrence OPERATIONS $ 1000 Aggregate $ 000 Aggregate $ 000 Aggregate CONTRACTUAL $ 000 Ea, person $ 000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ 1000 Ea. person COMPREHENSIVE GENERAL CAP 596234 $ 500 ,000 Ea. occurrence $ 100 ,000 Ea. occurrence $ 1000 Ea. occurrence LIABILITY EFF. 6/2/77 $ 500 .000 Aggregate $ 100 ,000 Aggregate $ 1000 Aggregate OTHER: REVIEWED AND APPROVED ADMINISTRATIVE SERVICES OFFICER DATED: THIS CERTIFICATE ISSUED TO'. CAL-FARM INSURANCE COMPANY CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 DATE BY >�.roa,zsu aLaar sc N*A.,�c F 0535 Lb/Ol x y/-7 CA*kRM INSURANCE CON*NY . . BERKELEY, CALIFORNIA CERTIFICATE OF INSURANCE THIS 15 TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED BY CAL FARM INSURANCE COMPANY TO THE INSURED HEREIN, EFFECTIVE AS OF THE DATES AND FOR THE LIMITS AND COVERAGES SPECIFIED BELOW. TH15 CERTIFICATE OF INSUR- ANCE DOES NOT IN ANY WAY AMEND, EXTEND, ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES REFERRED TO HEREIN. IT 15 SIMPLY A SYNOPSIS, OR SUMMARY OF THE ACTUAL INSURANCE CONTRACT. NOTICE TD CERTIFICATE OF INSURANCE HOLDER, THE CERTIFICATE OF INSURANCE HOLDER IS ENTITLED TO 10 DAYS NOTICE OF CANCELLATION AS TO THE CERTIFICATE OF INSURANCE HOLDER, THE EFFECT VE DATE OF CANCELLATION SHALL BE EITHER 10 DAYS AFTER SERVICE OF THE NOTICE OR THE CANCELLATION DATE SPECIFIED IN THE CANCELLATION NOTICE, WHICHEVER IS LATER, INSURED: AGENCY CODING TOYO LANDSCAPING COMPANY, INC. 5T•TE Co HT. TEaa. 523 S. NEWHOPE SANTA ANA, CA 92704 1 30 09 POLICY NUMBER / BODILY INJURY PROPERTY DAMAGE COMBINED SINGLE KIND OF INSURANCE EFFECTIVE DATE LIMITS LIMITS OR LIMITS I AUTOMOBILE $ 000 Ea. person LIABILITY $ ,000 Ea. accident $ ,000 Ea. accident CAP 596234 MANUFACTURERS' AND EFF; 6/2/77 $ ,000 Ea. person $ 100,.000 Ea. occurrence $ ,000 Ea. occurrence CONTRACTORS' LIABILITY $ 300,,000 Ea. occurrence $ 100000 Aggregate $ 000 Aggregate OWNERS', LANDLORDS' $ ,000 Ea. person $ 1000 Ea. occurrence $ ,000 Ea, occurrence AND TENANTS' LIABILITY $ 000 Ea. occurrence $ 000 Aggregate $ 000 Aggregate $ 1000 Ea. person PRODUCTS/COMPLETED $ 000 Ea. occurrence $ 000 Ea. occurrence $ 000 Ea. occurrence OPERATIONS $ 1000 Aggregate $ 000 Aggregate $ 000 Aggregate CONTRACTUAL $ ,000 Ea. person $ ,000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY $ ,000 Ea. occurrence $ ,000 Aggregate $ ,000 Aggregate $ ,000 Ea. person COMPREHENSIVE GENERAL $ ,000 Ea. occurrence $ ,000 Ea. occurrence $ ,000 Ea. occurrence LIABILITY $ 000 Aggregate $ 000 Aggregate $ 000 Aggregate OTHER: REVIEWED AND APPROVED ADMINISTRATIVE SERVICES OFFICER DATED: THIS CERTIFICATE ISSUED TO'. CAL-FARM INSURANCE COMPANY CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 DATE ? 1 BY �_ ✓/l'I AIy cE-853e E/1/77 ur H0A1zE0 AEcaESEHTATIvC p rL t c s:t,o. r z�, �� ^"r1 1 , !" ,:r�17*,'( STATE • • COMPENSATION P.O. BOX 807,SAN FRANCISCO, CALIFORNIA 94101 1 N S U R A N C E FUND 8, 1973 CERTIFICATE OF WORKERS'COMPENSATION INSURANCE City of San Jliar; Capistrano ?,"400 ra.Sf-'o i1nn!ant-,) ,an Juan Capi<-tr_ano, California 92675 'tt..e-tion-, City Clerk This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration zl A,6 4 -78 1-1-73/1-1-79 EMPLOYER RESIDEP NT� CompanV lifornzrs 9?701 SCIF FORM 262A (REV.2-76)®.. DUPLICATE DECLARATIONS PART B OF • ' Contrneiciol Account Policy • POLICY NUMBER CAL-FARM INSURANCE COMPANY (AP 596234 BERKELEY, CALIFORNIA 94705 SERVICING TERRITORY DECLARATION NO: 2 — EFF: 6/23/77 STATE CO. TEPP. Item 1. Named Insured and Address: 0 TOYO LANDSCAPING COMPANY, INC. 523 S. NEWHOPE SANTA ANA, CA 92704 Item 2. Policy Period: From FEBRUARY 17, 1977 To FEBRUARY 17, 1978 12:01 AM Standard Time at location of described property Item 3. The Named Insured is: Q Individual Q Partnership Corporation Q Other: Item 4. Location of premises:(Enter some if some location as Item 11 Occupancy of Premises: No. I SAME LANDSCAPE GARDENING No.2 No.3 Item 5. Insurance is provided with respect to those premises described in Item 4 and with respect to those coverages and kinds of property for which a specific limit of liability or coverage part is shown,subject to all of the terms of this policy including forms and endorsements made a port hereof. LIMIT OF LIABILITY COINSURANCE LOC NO. I BLDG.NO LOC.NO. I BLDG.NO. LOG NO. BLDG.NO. LOC.NO, BLDG.NO. PERCENTAGE C O V E A A G E APPLICABLE $ $ $ $ Bulldinglsl $ $ $ $ SECTION $ $ $ $ I $ $ $ $ PROPERTY $ $ $ $ COVERAGE COVERAGE COVERAGE PARTS COVERAGE COVERAGE PARTIS COVERAGE PARTS) COVERAGE PART NOS) PART NOiS PART NO(S- SECTION Manufacturersand Owner's and Contractor's 11 Contractors' hack ty PTote<iwe Llablllsy Storekeeper's Liability LIABILITY Owners',Landlords and Employer's Nan ownership COVERAGE Tenants' Liability MLB222 Automobile Liability Garage Liability Completed Operations and Broad Form Property Medical Payments Products Liability Damage Liability Insurance 6394A Comp.General Liability Contractual Liability L9287 Personal Injury Liability Liquor Legal Liability C] Crime Coverage © Inland Marine Coverage Limits as stated in the endorsement,mode part of this Policy, If Indlmied by ❑x Cj Glass Coverage I PER CF2259 & IM 2052B Item 6. Other forms and endorsements made part of this Policy at time of issue: L9294, L9193, L9227, L6432D, CF4000, CF2300 CF2263/438BFU NS(5/42x) Item 7. Mortgagee: CALIFORNIA FIRST BANK — APPLIES TO IM 2052B FIFTH & MAIN ST., SANTA ANA, CA 92704 Item 8. The Total Provisional Premium is $ 3,243.00 ,and is payable$ 3,243.00 at inception,and $ N/A at each anniversary. In COasidererion of the Provionsi and Silinslerien,Marvin or Added H.M. and at 11N Above StseeNMd bailors P essisne Mi Corepam,for the term beginning and ending on the dotes shown above,at location of property Involved,to on amount not exceeding the above specified dollars,does insure the above named insured and legal representatives,to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which It would cost to repair or replace the property with material of like kind and quality within a reasonable time ober such loss, without ollowonce for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from Interruption of business or manufacture,nor in any event for more than the Interest of the Insured, against all LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the Perils insured ogatmt In this policy, but not elsewhere. Assignment of this policy sholl not be volid except with the written consent of this Company. This policy is made and accepted subject to he foregoing provisions and stipulations and those hereinafter stated, which are hereby made a pan of this policy,together with such other provisions,stipulations and agreements as may be added hereto,as provided in this polis IN WITNESS WHEREOF, this Company has,e/RuN::PNd1and wOriented these presents; but this policy shall not be valid unless coupnfleerrrsssiiggnned by the duly authorized agent of this Company. SECRETARY /C��N'' S/eer� / / yRRE.S Off COUNTERSIGNEDTH15, 91 DAYOF N(fVR.MRRR i9_77 R/I f f v AGENT Q� CFt9BeA PA ATTACH'THIS TO YOUR POLIO CHANGE ENDORSEMENT * Nothing herein contained shall alter, vary, waive or extend any provisions or conditions of the policy except as herein provided. Attached to and forming part of Policy number CAP 596234 issued to �TOYO LANDSCAPING COMPANY, C. 523 S. NEWH0fE SANTA ANA, CA 92704 Effective date of this endorsement is 6/23/77 L J Subject to all other terms and conditions of the policy to which this endorsement is attached, it is understood and agreed by and between the Company and the Named Insured that 1. The unqualified word, "insured", wherever usect in the policy, also includes the person or organization named below, but only with respect to the ownership, maintenance or use of the premises designated below, and the operations necessary or incidental thereto. 2. The insurance with respect to said person or organization does not apply to bodily injury, sickness, disease or death of any employee of said person or organization while engaged in the employment thereof. NAME OF PERSON OR ORGANIZATION LOCATION OF PREMISES CITY OF SAN JUAN CASPITRANO SEE POLICY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Secrecarr CAL—FARM INSURANCE COMPANY _ /�..��i.„ Agency Coding 1 3009 _ Counrersigned�'' �nyy�--Hl( Dy _ FOgM CF 4�(/Cl 2 �4re A.,h. id Revee+enrmvc 4u , OKI 1 mao Ano IV! , '0W , 1 L >45 agnimiq a is ion in .510N, lkam -jKaIq"40 SW m .0 "Olvd , f m0l 'Al In V582FA ) m "animiqu q' i 5a, vofqmo vnr 10 dl�qh zo w4-10 apnnwle vouict Mood n' 071 11 ;jyn'vwiqwq a4i wc-a, -YV r uK Est nunlo !a qr-lwl 01 AoMow WTAWW- NO LOW" 9M 7,.`.")r. '.r.., TYMA? : AW INLAND MARINE • . IM 20526 (Ed.3-62) CONTRACTORS' EQUIPMENT FORM (All Risk) Attached to and forming part of Policy Number CAP 596234 issued to TOYO LANDSCAPING COMPANY, INC. by CAL FARM INSURANCE CO. at its Agency located (atyand:rate) BERKELEY, CA Date 11/21/77 This policy covers on the property described below or in scheduie attached, to not exceeding the amount specified in respect of each of the machines described, against loss or damage thereto, directly caused by the risks and perils insured against. The Company shall not be liable for more than FORTY—NINE HONORED Dollars ($ 4,900.00 ) in any one disaster, either in the case of partial or total loss or salvage charges or any other charges or all combined. Description of Manufacturer Identifying Marks Amount of ProMHY anuacturer and Numbers Insurance HESTON H 180 H18OZO1907 $4,900 THIS POLICY INSURES AGAINST DIRECT LOSS OR DAMAGE RESULTING FROM: Any external cause, except as hereinafter excluded. THIS POLICY DOES NOT INSURE AGAINST: 1. Loss or damage occasioned by the weight of a load insurance and then only after all other insurance has been exceeding the registered lifting or supporting capacity of any exhausted; machine; 10. Loss or damage caused by or resulting from strikes, 2. The first $ of any loss resulting from lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence Theft, nor the first $ of any loss resulting or disorder; from Collision, Landslide or Upset. 1 I, Loss or damage caused by or resulting from: (a) hostile 3. Loss or damage except by fire while the Insured property or warlike action in time of peace or war, including action in is being waterborne unless otherwise endorsed hereon; hindering, combating or defending against on actual, impend- ing or expected attack, (1) by any government or sovereign 4. Loss or damage to automobiles or similar conveyances, power (de jure or de facto), or by any authority maintaining or plans, blue prints, designs or specifications, or to underground using military, naval or air forces; or (2) by military, naval or Property or property while located underground; air forces; or (3) by an agent of any such government, power, 5. Loss or damage to any property which has become a authority or forces; (b) any weapon of war employing atomic permanent part of any structure; fission or radioactive force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, 6. Loss or damage to dynamos, exciters, lamps, switches, or action taken by governmental authority in hindering, com- motors or other electrical appliances or devices, including bating or defending against such an occurrence, seizure or wiring, caused by electricity other than lightning unless fire destruction under quarantine or customs regulations, confisco- ensues and then only for loss or damage from such ensuing fire; tion by order of any government or public authority, or risks of 7. Wear, tear and gradual deterioration; breakage and/or contraband or illegal transportation or trade; rust, unless the same be the direct result of fire, lightning, 12. Loss or damage to property in storage at premises explosion, cyclone, tornado, windstorm, flood, earthquake, owned, leased or controlled by the Insured except where inci- collision, derailment or overturn of conveyance, malicious dental to the regular or frequent use of the property; damage or aircraft damage; 13. Loss by nuclear reaction or nuclear radiation or radio- 8. Infidelity of Insured's employees or persons to whom the active contamination, all whether controlled or uncontrolled, insured property is entrusted; and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggra- 9. Loss if, at the time of loss or damage, there is any other vated by the peril(s) insured against in this policy; however, valid and collectible insurance which would attach if this subject to the foregoing and all provisions of this policy, direct insurance had not been effected, except that this insurance loss by fire resulting from nuclear reaction or nuclear radiation shall'apply only as excess and in no event as contributing or radioactive contamination is insured against by this policy. SPECIAL CONDITIONS It is a condition of this insurance, that all articles insured affected. The Company is not liable for any loss or damage hereunder are in sound condition at the time of attachment of which, without its written consent, has been settled or compro- this insurance, mised by the Insured. This policy covers only within the limits of the Continental The Company shall not be liable for greater United States and Canada unless otherwise endorsed hereo.t. p y 9 proportion of any loss of or damage to the property covered hereunder than Any act or agreement by the Insured before or after loss or the amount insured under this policy bears to 100% of the damage whereby any right of the Insured to recover in whole or aggregate value (as determined by the valuation clause con- in part for loss or damage to property covered hereunder against tanned in this policy) of said property at all places where cover- any carrier, bailee or other party liable therefor, is released, im- age is afforded herein at the time such loss shall occur. paired or lost, shall render this policy null and void, but the Insurer's right to retain or recover the premium shall not be Each item of the schedule is deemed to be separately insured. All other Ao er terms and conditions of this policy remain unchanged. /r 7 ..,�., - ......... gent. $11178 COVERAGE PART • Y L 63043 (ed.1.73) COMPREHENSIVE GENERAL LIABILITY INSURANCE , For attachment to Policy No. CAP 596234 ,to complete said policy. ADDITIONAL DECLARATIONS Location of all premises awned by,rented to or controlled by the named insured ,.—.. .... .I.....o...1..A..........e,.. Interest of named insured in such premises ,.......L.,., Owner ❑ General Lessee ❑ Tenant Other Pad occupied by named insured ,.,.....L.a The fallowing discloses all hazards insured hereunder known to exist at the effective date of this policy,unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Advance Limits of Liability Premiums each occurrenceaggregate CovereRea f INCL f 500,000 f 500.000 A—Bodily Injury Liability f INCL f 100,000 IS 100,000 O—Property Damage Liability f Farm a3mbere of endorsements attached at issue f INCL Total Advance Premium - Cooeral Liability Hazards Advance Premiums Rates -Premiom Bases Cede Description of Hazards Bodily Injury Property Damage B.I. P.D. No. Pnmims-Operations INCL INCL - INCL INCL C 146,400 07311xc LANDSCAPE GARDENING INCLUDING COMPLETED OPERATIONS 'INCL INCL INCL INCL INCL DELETE U INC. INCL SNCL INCL INCL 09870 COMPREHENSIVE GENERAL LIABILITY aI Per 100 eq.it.of Area (a)Aro.(Sq.FL) ((p1 Per Linear Fwt Ib)frontage (e)Per$too of Remuneration Icj Remuneration PPer $IN of Receipts (d)Reeeiptx Per Unit (q units (0 Per IN Admissions (0 Admissions Per Uniting Number lamed Escalators(Number at Premises) Per$lop of Cart cost Independent Contractors uo Per sI.M.f Recelot, (A)It..elph Completed Operations INCL INCL - INCL INCL INCL 07311xc LANDSCAPE GARDENING INCLUDING COMPLETED OPERATIONS N)Par$1,001)of Sales Ib)sales Products Total Advance B.I.and P.D.Premiums When used as a premium basis: 1. "admissions"means the total number of persons,other than employees of the named Insured,admitted to the event Insured or t0 events conducted on the premises whether on paid admission tickets,complimentary tickets or passes: 2. "east"means the total cost to the named insured with respect to operations performed for the named Insured during the policy period by independent contractors of all work let or sublet is connection with each specific project,including the cost of all labor,materials and equipment furnished,used or delivered for use in the execution of such work,whether furnished by the owner, contractor or subcontractor, including all fees,allowances, bonuses or commissions made,paid or due; 3. "recelpts"means the gross amount of money charged by the named Insured for such operations by the amid Insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting,broadcasting or motion pictures,and includes taxes,other than taxes which the named COVERAGE PART • PERSONAL INJURY LIABILITY INSURANCE • Ed.. 9291 1287 r For attachment to Policy No. CAP 59 6234 , to complete said policy. SCHEDULE Limits of Liability Coverage 500 thousand dollars aggregate P—Personal Injury liability 0 % Insured's Participation The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses as are indicated by specific premium charge or charges. Advance Premiums Groups of Offenses - - $ TKt1r. A. False Arrest,Detention or Imprisonment,or Malicious Prosecution $ B. Libel,Stender,Defamation or Violation of Right of Privacy STWC1. C. Wrongful Entry or Eviction or Other Invasion of Right of Private Occupancy Form numbers of endorsements attached at issue S f TNrT. Total Advance Premium $ Tmr.T. Minimum Premium I. COVERAGE P—PERSONAL INJURY LIABILITY (e) to personal injury arising out of a publication or utterance described in Group B concerning any organization or business enterprise,or its products or services. The company will pay on behalf of the insured all sums which the insured shall made by or at the direction of any insured with knowledge of the falsity thereof. become legally obligated to pay as damages because of injury (herein called "personal injury') sustained by any person or organization and arising out of one II. PERSONS INSURED or more of the following offenses committed in the conduct of the named insured's Each of the following is an insured under this insurance to the extent set business: forth below: Group A—false arrest, detention or imprisonment, or malicious prosecution; W if the named insured is designated in the declarations as an individual, the Group B—the publication or utterance of a libel or slander or of other defama- person so designated and his spouse; tory or disparaging material,or a publication or utterance in violation (b) if the named insured is designated in the declarations as a partnership or of an individual's right of privacy; except publications or utterances joint venture, the partnership or joint venture so designated and any partner in the course of or related to advertising,broadcasting or telecasting or member thereof but only with respect to his liabil;ty as such; activities conducted by or on behalf of the named insured; (c) if the named insured is designated in the declarations as other than an indi- Group C--wrongful entry or eviction, or other invasion of the right of private vidual, partnership or joint venture, the organization so designated and any occupancy; executive officer, director or stockholder thereof while acting within the scope of his duties as such. if such offense is committed during the policy period within the United States of This insurance does not apply to personal injury arising out of the conduct America,its territories or possessions,or Canada, and the company shall have the of any partnership or.joint venture of which the insured is a partner or member right and duty to defend any suit against the insured seeking damages on account and which is not designated in this policy as a named insured. of such personal injury even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim ill. LIMITS OF LIABILITY; INSURED'S PARTICIPATION or suit as it deems expedient, but.the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's Regardless of the number of (1) insureds under this policy, (2) persons or liability has been exhausted by payment of judgments or settlements. organizations who sustain personal injury, or (3) claims made or suits brought on account of personal injury, the total limit of the company's liability under Exclusions this coverage for all damages shall not exceed the limit of personal injury This insurance does not apply: liability stated in the schedule as "aggregate". (al to liability assumed by the insured under any contract or agreement; If a participation percentage is stated in the schedule for the insured, the company shall not be liable for a greater proportion of any loss than the difference (b) to personal injury arising out of the wilful violation of a penal statute or between such percentage and one hundred percent and the balance of the loss ordinance committed by or with the knowledge or consent of any insured; shall be borne by the insured; provided, the company may pay the insured's portion of a loss to effect settlement of the loss, and, upon notification of the (c) to personal injury sustained by any person as a result of an offense directly action taken,the named insured shall promptly reimburse the company therefor. or indirectly related to the employment of such person by the named insured; IV. ADDITIONAL DEFINITION (d) to personal injury arising out of any publication or utterance described in When used in reference to this insurance: Group B, if the first injurious publication or utterance of the same or similar material by or on behalf of the named Insured was made prior to the effective "damages" means only those damages which are payable because of personal date of this insurance; injury arising out of an offense to which this insurance applies. gAUTMENTIt'll • CAL-FARM INSURANCE COMPAle •ERNELEY, CALIFORNIA HAND TOOL AND EQUIPMENT FORM (All Risk) Policy Number Effective Date (If not attached to policy by Company.) (If.not the same as the effective date of the policy.) Subject to all other terms and conditions of the policy to which this endorsement is attached, it is understood and agreed by and between the Company and the Named Insured that: This policy covers unscheduled miscellaneous hand tools and equipment,not exceeding the total amount specified below, against direct loss or damage resulting from any external cause,except as hereinafter excluded. Amount of Insurance: S 5.000 THIS POLICY DOES NOT INSURE AGAINST: 1. The first $50.00 of any loss or damage resulting from any peril. 8. Loss or damage caused by or resulting from: (a) hostile or warlike Each claim for loss or damage shall be adjusted separately, and action in time of peace or war, including action in hindering,combating this sum shall be deducted from the amount of each loss. or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure or de facto), or by any 2. Loss or damage except by fire while the insured property is being authority maintaining or using military, naval or air forces; or (2) by waterborne unless otherwise endorsed hereon; military, naval or air forces; or (3)by an agent of any such government, 3. Loss or damage to dynamos, exciters, lamps, switches, motors or power, authority or forces; (b) any weapon of war employing atomic other electrical appliances or devices, including wiring, caused by fission or radioactive force whether in time of peace or war; (c) in- electricity other than lightning unless fire ensues and then only for surrection, rebellion, revolution, civil war, usurped power, or action loss or damage from such ensuing fire; taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or 4. Wear, tear and gradual deterioration; breakage and/or rust, unless customs regulations, confiscation by order of any government or public the same be the direct result of fire, lightning, explosion, cyclone, authority, or risks of contraband or illegal transportation or trade; tornado, windstorm,flood,earthquake, collision, derailment or overturn of conveyance, malicious damage or aircraft damage; 9. Loss or damage to property in storage at premises owned, leased 5. Infidelity of Insured', employees or persons to whom the insured or controlled by the Insured except where incidental to the regular or property is entrusted; frequent use of the property; 6. Loss if,at the time of loss or damage, there is any other valid and 10. Loss by nuclear reaction or nuclear radiation or radioactive con- collectible insurance which would attach if this insurance had not been tamination, all whether controlled or uncontrolled, and whether such effected, except that this insurance shall apply only as excess and in loss be direct or indirect, proximate or remote, or be in whole or in no event as contributing insurance and then only after aft other insur- part caused by, contributed to, or aggravated by the peril(s) insured ante has been exhausted; against in this policy; however, subject to the foregoing and all pro- 7. Loss of damage caused by or resulting from strikes, lockouts, labor visions of this policy, direct loss by fire resulting from nuclear reac- disturbances, riots, civil commotions or the acts of any person or tion or nuclear radiation or radioactive contaminationis insured against persons taking part in any such occurrence or disorder; by this policy. SPECIAL CONDITIONS It is a condition of this insurance, that all articles insured here- premium shall not be affected. The Company is not liable for any loss under are in soundcondition at the time ofattachment of this insurance, or damage which, without its written consent, has been settled or compromised by the Insured. This policy covers only within the limits of the Continental The Company shall not be liable for a greater proportion of any United States and Canada unless otherwise endorsed hereon. loss of or damage to the property covered hereunder than the amount Any act or agreement by the Insured before or after loss or damage insured under this policy bears to 100% of the aggregate value (as whereby any right of the Insured to recover in whole or in part tot loss _ _ determined by the valuation clause contained in this policy) of said or damage to property covered hereunder against any carrier, bailee or Property at all places where coverage is afforded herein at the time such loss shall occur. other party liable therefor, is released, impaired or lost, shall render this policy null and void,but the Insurer's right to retain or recover the All other terms and conditions of this policy remain unchanged. CF 2250 PLEASE ATTACH THIS TO YOUR POLICY CHANGE ENDORSEMENT. # Nothing herein contained shall alter, vary, waive or extend any provisions or conditions of the policy except as herein provided. Attached to and forming part of Policy number CAP 596234 — issued to I Effective date of this endorsement !a 1/17/77 Subject to all other terms and conditions of the policy to which this endorsement is attached, it is understood and _ agreed by and between the Company and the Named Insured that THE DEDUCTIBLE PROVISION OF THE HAND TOOL AND EQUIPMENT FORM CF 2259 IS DELETED AND THE FOLLOWING IS SUBSTITUTED THEREFOR: 1. THIS POLICY DOES NOT INSURE AGAINST THE FIRST $100.00 OF ANY LOSS OR DAMAGE RESULTING FROM ANY PERIL. EACH CLAIM FOR LOSS OR DAMAGE SHALL BE ADJUSTED SEPARATELY, AND THIS SUM SHALL BE DEDUCTED FROM THE AMOUNT OF EACH IHSS. 2/1-27 . i • i /C%�1%—�/ y /�� /+a✓ �i1 .7t�-� -y J Prevdcnt SKrewry JJJ i CAL-FARM INSURANCE COMPANY Agency Coding 1-30-09 Countersigned 4/27/77 Hd/O By Uau Aurhori:rd RrVrcxnwuvc FOAM CFJOOC Rhe Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY L 9294 6 604 (Ed.)aa) DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS'AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 2/17/77 forms a part of policy No. CAP 596234 (12:01 A.M.,standard time) issued to by A ---------...—u----lhonzed Rep— ------..p.. _---------------------------- resentative SCHEDULE Amount and Basis of Deductible Coverage $ N/A per claim Bodily Injury Liability $ N/A per occurrence $ 500 per claim Property Damage Liability $ 500 per occurrence APPLICATION OF ENDORSEMENT (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to all loss however caused):— It Is agreed that: 1. The company's obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts staled in the schedule above as applicable to such coverages. 2. The deductible amounts stated in the schedule apply as follows: (a) PER CLAIM BASIS—If the deductible is on a "per claim" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of bodily injury sustained by one person, or to all property damage sustained by one person or organization,as the result of any one occurrence. Ib) PER OCCURRENCE BASIS—If the deductible is on a"per occurrence" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of all bodily injury or property damage as the result of any one occurrence. 3. The terms of the policy, including those with respect to (a) the company's rights and duties with respect to the defense of suits and (b) the insured's duties in the event of an occurrence apply irrespective of the application of the deductible amount. 4. The company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company. AUTHENTIC r EMPLOYER'S NON-OWNERSHIP AUTOMOBILE LIABILITY Form MLB-222 , t INSURANCE ENDORSEMENT (Ed.10-66) SCHEDULE The limits of the Company's liability are on the basis and for the amounts designated below: Limits of Liability Bodily Injury $ 500.000 each person. Liability $ 500,000 each occurrence. Property Damage$ 1000000 each occurrence. Advance Premium $ INCL Liability In consideration of the payment of premium and subject to all the terms of this endorsement, the Company agrees with the named insured as follows: - I. BODILY INJURY OR PROPERTY DAMAGE LIABILITY COVERAGE The Company will pay on behalf of the insured, all sums which the insured Shall become legally obligated to pay as damages because of: bodily injury or property damage to which this insurance applies caused by an occurrence and arising out of the use by any person, other than the named insured, of a non-owned private passenger automobile in the business of the named insured, or arising out of the use in such business by an employee of the named insured of any non-owned commercial automobile if the use of such commer- cial automobile is occasional and infrequent, and the Company shall �ave the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by the payment of judgments or settlements. Exclusions This insurance does not apply: a. to liability assumed by the insured under any contract or agreement; b. to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensa- tion, unemployment compensation or disability benefits law, or under any similar law; e. to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured, but this exclusion does not apply to any such injury arising out of and in the course of domestic employment by the insured unless benefits thereof are in whole or in part either payable or required to be provided under any workmen's compensa- tion law; d, to property damage to (1) property owned or being transported by the insured or (2) property rented to or in the care, custody and control of the insured, or as to which the insured is for any purpose exercising physical control, other than property damage to a resident or a private garage by a private passenger automobile covered by this insurance. II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: a. the named insured; This Endorsement must be attached to Change Endorsement MLB-20 when issued after the Policy is written. Page 1 of 2 Form MLB-222(Ed.10-66) Rhe Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) LIABILITY L 8227 0330 (Ed.10.66) EXCLUSION (Explosion, Collapse and Underground Property Damage Hazards) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE 2/17/77 forms a part of alit CAP 596234 This endorsement, effective policy No. (12:01 A.M.,standard lime) issued to by .............................................................................................................................. Authorized Representative SCHEDULE Description of Operations Classification Code No.and Symbol LANDSCAPE GARDENING INCLUDING 07311XC COMPLETED OPERATIONS It is agreed that the policy does not apply to property damage included within: (1) the explosion hazard in connection with operations identified in the policy or in the schedule of this endorsement by a classification code which includes the symbol "x", (2) the collapse hazard in connection with operations identified in the policy or in the schedule of this endorsement by a classification code which in- cludes the symbol "c", (3) the underground property damage hazard in connection with operations identified in the policy or in the schedule of this endorsement by a classification code which includes the symbol"u". AUTXEMTIC (The Attaching Clause need be completed only when this endorsement Is Issued subsequent to preearatlon of the policy.) LIABILITY L 9183 Oslo (Ed.7.66) PRODUCTS HAZARD EXCEPTIONS This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 2117/77 forms a part of policy No. CAP 596234 (12:01 A.Al.,standard lime) issued to by ....................................................................-------- ............................................. Authorized Representative Descrition of Premises and Operations: 521 Se VEW':OPE, SAtTTA ANA, CA LANDSCAPE GARDENING INCLUDING COMPLETED OPERATIONS It is agreed that the products hazard does not include bodily injury or property damage arising out of the named Insured's products manufactured, sold, handled or distributed in connection with(1)the use of any premises described in this endorsement,owned by or rented to the named insured or(2)any operation, described in this endorsement, conducted by or on behalf of the named insured. AUTNENTIC 0 CAL-FARM INSURANCE COMPANY BERKELEY, CALIFORNIA 84105 POLICY TERM ENDORSEMENT Subject to all other terms and conditions of the policy to which this endorsement is attached, it is under- stood and agreed by and between the Company and the Named Insured that the following provision is added to this policy: P01-ICY TERM. The term of the policy is from the beginning date to the ending date appearing on the face of policy and then for such succeeding periods thereafter as the required premium, computed at Company rates in effect at the time of renewal, is paid on or before the expiration of the current term. CF - 2300 Form 438RFL' NS (Rev. May 1, 1942) x LENDER'S LOSS PAYABLE ENDORSEMENT 1. Loss or damage, if any, under this policy, shall be paid to the Payee named on the first page of thin polity, its successors and assigns, hereinafter referred to as "the Lender", in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its succes- sors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession,or location of the subject of the insurance or the interest therein,or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty,act,omission,neglect,or non-compliance with any of the provisions of this policy,including any and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, cus- todian,occupant,or by the agents of either or any of them or by the happening of any event permitted by them or either of them,or their agents,or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or sus- pend the insurance as to the named insured, excluding herefrom, however, any acts or omissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefor. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender order this Lender's Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. S. If there be any other insurance upon the within described property,this Company shall be liable under this policy as to the,Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified,and also any Contribu- tion Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro rata with all other insurers con- tributing to said payment) to all of the Lender's rights of contribution under said other insurance. 6. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described on the first page of the policy. WITH RESPECT TO THE POLICY PERIOD CONDITION CONTAINED IN THIS POLICY: THIS INSURANCE SHALL REMAIN IN CONTINUOUS FORCE AS TO THE INTEREST OF THE LENDER ONLY, UNTIL WRITTEN NOTICE OF CANCELLATION OR OTHER TERMINATION OF THE POLICY IS SUPPLIED TO THE LENDER, AND FOR A PERIOD OF TEN (10) DAYS THEREAFTER. CF 226 An _ f I. COVERAGE A—BODILY INJURY LIABILITY named insured after such products or work have been put to use by any COVERAGE B—PROPERTY DAMAGE LIABILITY person or organization other than an insured; The company will a on behalf of the insured all sums which the insured shall (nl to property damage to the named insured's products arising out of such become legally obligated to pay as damages because of products ty any part of such products; (e) [o property damage to work performed by or on behalf of the named insured A. bodily injury or arising out of the work or any portion thereof, or out of materials, parts or B. property damage equipment furnished in connection therewith; to which this insurance applies, caused by an occurrence, and the company shall (p) to damages claimed for the withdrawal, inspection, repair, replacement, or have the right and duty to defend any suit against the insured seeking damages loss of use of the named insured's products or work completed by.or for on account of such bodily injury or property damage,even if any of the allegations the named insured or of any property of which such products or work form of the suit are groundless, false or fraudulent, and may make such investigation a part, if such products, work or property are withdrawn from the market or and settlement of any claim or suit as it deems expedient, but the company shall from use because of any known or suspected defect or deficiency therein; not be obligated to pay any claim or judgment or to defend any suit after the (q) to property damage included within applicable limit of the company's liability has been exhausted by payment of (1) the explosion hazard in connection with operations identified in this judgments or settlements. policy by a classification code number which includes the symbol "x", (2) the collapse hazard in connection with operations identified in this policy by a classification code number which includes the symbol "c", Exclusions (3) the underground property damage hazard in connection with operations This insurance does nota I identified in this policy by a classification code number which includes apply; the symbol "u". (a) to liability assumed by the insured under any contract or agreement except II. PERSONS INSURED an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work Each of the following is an insured under this insurance to the extent set forth performed by or on behalf of the named insured will be done in a workmanlike below: manner; (a) if the named insured is designated in the declarations as an individual, the (b) to bodily injury or property damage arising out of the ownership, maintenance, person so designated but only with respect to the conduct of a business of operation,use,loading or unloading of which he is the sole proprietor, and the spouse of the named insured with (1) any automobile or aircraft owned or operated by or rented or loaned to respect to the conduct of such a business; any insured,or (b) if the named insured is designated in the declarations as a partnership or (2) any other automobile or aircraft operated by any person in the course of joint venture, the partnership or joint venture so designated and any partner his employment by any insured; or member thereof but only with respect to his liability as such; but this exclusion does not apply to the parking of an automobile on premises (c1 if the named insured is designated in the declarations as other than an in- owned by, rented to or controlled by the named insured or the ways imme- dividual, partnership or joint venture, the organization so designated and any diately adjoining, if such automobile is not owned by or rented or loaned to executive officer, director or stockholder thereof while acting within the scope any insured; of his duties as such; (c) to bodily injury or property damage arising out of (1) the ownership, main- (d) any person (other than an employee of the named insured) or organization tenance, operation, use, loading or unloading of any mobile equipment while while acting as real estate manager for the named insured; and being used in any prearranged or organized racing, speed or demolition (e) with respect to the operation, for the purpose of locomotion upon a public contest or in any stunting activity or in practice or preparation for any such highway, of mobile equipment registered under any motor vehicle registration contest or activity or (2) the operation or use of any snowmobile or trailer law, designed for use therewith; (i) an employee of the named insured while operating any such equipment in (d) to bodily injury or property damage arising out of and in the course of the the course of his employment,and transportation of mobile equipment by an automobile owned or operated by (i i) any other person while operating with the permission of the named insured or rented or loaned to any insured; any such equipment registered in the name of the named insured and any (e) to bodily injury or property damage arising out of the ownership, maintenance, person or organization legally responsible for such operation, but only if operation,use,loading or unloading of there is no other valid and collectible insurance available, either on a (1) any watercraft owned or operated by or rented or loaned to any insured,or primary or excess basis, to such person or organization; (2) any other watercraft operated by any person in the course of his em. provided that no person or organization shall be an insured under this para- ployment by any insured; graph(e)with respect to: but this exclusion does not apply to watercraft while ashore on premises (1) bodily injury to any fellow employee of such person injured in the course owned by,rented to or controlled by the named insured; of his employment,or l0 to bodily injury or property damage arising out of the discharge, dispersal, (2) property damage to property owned by, rented to, in charge of or occupied release or escape of smoke,vapors,soot,fumes,acids,alkalis,toxic chemicals, by the named insured or the employer of any person described in sub- liquids or gases,waste materials or other irritants, contaminants or pollutants paragraph 00. into or upon land, the atmosphere or any water course or body of water; but This insurance does not apply to bodily injury or property damage arising out of this exclusion does not apply if such discharge, dispersal, release or escape the conduct of any partnership or joint venture of which the insured is a partner is sudden and accidental; or member and which is not designated in this policy as a named insured. (g) to bodily injury or property damage due to war, whether or not declared, III. LIMITS OF LIABILITY civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing,with respect to Regardless of the number of(1)insureds under this policy,(2)persons or organi- (1) liability assumed by the insured under an incidental contract,or zations who sustain bodily injury or property damage, or(3) claims made or suits (2) expenses for first aid under the Supplementary Payments provision; brought on account of bodily injury or property damage, the company's liability is (h) to bodily injury or property damage for which the insured or his indemnitee limited as follows: may be held liable Coverage A—The total liability of the company for all damages, including (1) as a person or organization engaged in the business of manufacturing, damages for care and loss of services, because of bodily injury sustained by one distributing, selling or serving alcoholic beverages, or or more persons as the result of any one occurrence shall not exceed the limit of (2) if not so engaged, as an owner or lessor of premises used for such bodily injury liability stated in the schedule as applicable to "each occurrence': purposes, Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of(1)all bodily injury included within the if such liability is imposed completed operations hazard and (21 all bodily injury included within the products (i) by, or because of the violation of, any statute, ordinance or regulation hazard shall not exceed the limit of bodily injury liability stated in the schedule pertaining to the sale, gift, distribution or use of any alcoholic beverage, as"aggregate". or Coverage B—The total liability of the company for all damages because of all (ii) by reason of the selling, serving or giving of any alcoholic beverage to a property damage sustained by one or more persons or organizations as the result minor or to a person under the influence of alcohol or which causes or of any one occurrence shall not exceed the limit of property damage liability stated contributes to the intoxication of any person; in the schedule as applicable to"each occurrence". but part (ii) of this exclusion does not apply with respect to liability of the Subject to the above provision respecting "each occurrence", the total liability insured or his indemnitee as an owner or lessor described in (2) above; of the company for all damages because of all property damage to which this (i) to any obligation for which the insured or any carrier as his insurer may coverage applies and described in any of the numbered subparagraphs below be held liable under any workmen's compensation, unemployment compensa- shall not exceed the limit of property damage liability stated in the schedule as tion or disability benefits law, or under any similar law; "aggregate": (j) to bodily injury to any employee of the insured arising out of and in the (1) all property damage arising out of premises or operations rated on a re- course of his employment by the insured or [o any obligation of the insured muneration basis or contractor's equipment rated on a receipts basis, to indemnify another because of damages arising out of such injury; but this including property damage for which liability is assumed under any ng exclusion does not apply to liability assumed by the insured under an property contract relating in such premises or operations, but excluding incidental contract; property damage included in subparagraph (2) below; (k) to property damage to (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general (1) property owned or occupied by or rented to the insured, supervision thereof by the named insured, including any such property (2) property used by the insured,or damage for which liability is assumed under any incidental contract (3) property in the care, custody or control of the insured or as to which relating to such operations, but this subparagraph (2) does not include the insured is for any purpose exercising physical control; property damage arising out of maintenance or repairs at premises owned but parts (2) and (3) of this exclusion do not appply with respect to liability by or rented to the named insured or structural alterations at such premises under a written sidetrack agreement and part (3) of this exclusion does not which do not involve changing the size of or moving buildings or other apply with respect to property damage (other than to elevators) arising out of structures; the use of an elevator at premises owned by, rented to or controlled by the (3) all property damage included within the products hazard and all property named insured; damage included within the completed operations hazard. (O to property damage to premises alienated by the named insured arising out Such aggregate limit shall apply separately to the property damage described of such premises or any part thereof; in subparagraphs (1), (2) and (3) above, and under subparagraphs (1) and (2), (m)to loss of use of tangible property which has not been physically injured or separately with respect to each project away from premises owned by or rented destroyed resulting from to the named insured. (1) a delay in or lack of performance by or on behalf of the named insured Coverages A and B—For the purpose of determining the limit of the company's of any contract or agreement,or liability, all bodily injury and property damage arising out of continuous or re- (2) the failure of the named insured's products or work performed by or on peated exposure to substantially the same general conditions shall be considered behalf of the named insured to meet the level of performance, quality, as arising out of one occurrence. fitness or durability warranted or represented by the named insured; IV. POLICY TERRITORY but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical in dry to or destruction of This insurance applies only to bodily injury or property damage which occurs the named insured's products or work performed by or on behalf of the within the policy territory. AUTHENTIC COVERAGE PART ! L 6394a Ed.1-73) COMPREHENSIVE GENERAL LIABILITY INSURANCE For attachment to Policy No.—_ to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named insured ¢ICER E.ME ,F SAME LOCATION AS ADDRESS SHOWN,N,TEM,of DECLARATIONS) Interest of named insured in such premises ,CHECK BELOW, Owner EJ General Lessee FJ Tenant n Other Part occupied by named insured ,ENTER BELOW) The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Advance Limits of Liability Premiums each occurrence aggregate Coverages $ $ $ A—Bodily Injury Liability $ $ Is B—Property Damage Liability $ Form numbers of endorsements attached at issue $ Total Advance Premium General Llality Hazards Advance Premiums Rates Premium Bases Code Description of Hazards Bodily Injury Property Damage B.I. P.D. No. Premises•Operations (a) Per 100 Sq. Ft. of Area (a) Area(Sq.Ft.) (b) Per Linear Foot (b) Frontage (c) Per $100 of Remuneration (c) Remuneration (d) Per Per $10Unif of Receipts (d) Receipts f Per 100 Admissions (e) Units () (f) Admissions Per Landing Number Insured Escalators(Number at Premises) Per$too of Cost cost Independent Contractors (a) Per$1,000 of Receipts (a) Receipts Completed Operations (b) Per$1,000 of Sales (b) Sales Products 8 Total Advance B.I.and P.D.Premiums When used as a premium basis: 1. "admissions" means the total number of persons, other than employees of the named insured,admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub-let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. 'receipts"means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting,broadcasting or motion pictures,and includes taxes,other than taxes which the named insured collects as a separate item and remits directly to a governmental division; 4. 'remuneration' means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales"means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division. (over) EMPLOYER'S NON-OWNERSHIP AUTOMOBILE LIABILITY Form ML13-222 INSURANCE ENDORSEMENT (Ed.IM6) SCHEDULE The limits of the Company's liability are on the basis and for the amounts designated below: Limits of Liability Bodily Injury $ each person. Liability $ each occurrence. Property Damage each occurrence. Advance Premium $— Liability In consideration of the payment of premium and subject to all the terms of this endorsement, the Company agrees with the named insured as follows: I. BODILY INJURY OR PROPERTY DAMAGE LIABILITY COVERAGE The Company will pay on behalf of the insured, all sums which the insured shall become legally obligated to pay a$ damages because of: bodily injury or property damage to which this insurance applies caused by an occurrence and arising out of the use by any person, other than the named insured, of a non-owned private passenger automobile in the business of the named insured, or arising out of the use in such business by an employee of the trained insured of any non-owned commercial automobile if the use of such commer- cial automobile is occasional and infrequent, and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property- damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by the payment of judgments or settlements. Exclusions This insurance does not apply; a. to liability assumed by the insured under any contract or agreement; b. to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensa- tion, unemployment compensation or disability benefits law, or under any similar law; c. to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured, but this exclusion does not apply to any such injury arising out of and in the course of domestic employment by the insured unless benefits thereof are in whole or in part either payable or required to be provided under any workmen's compensa- tion law; d. to property damage to (1) property owned or being transported by the insured or (2) property rented to or in the care, custody and control of the insured, or as to which the insured is for any purpose exercising physical control, other than property damage to a resident or a private garage by a private passenger automobile covered by this insurance- 11. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: a. the trained insured; This Endorsement must be attached to Change Endorsement MLB-20 when issued after the Policy is written. Page 1 of 2 Form MLB-222 (Ed.1D-66) b. any partner or executive officer of the named insured. None of the following is an insured: a. any person engaged in the business of his employer with respect to bodily injury to any fellow employee of such person injured in the course of his employment; b. any partner or executive officer with respect to an automobile owned by such partner or officer or a member of his household; c. any person while operating an automobile sales agency, repair shop, service station, public garage or public parking space with respect to any occurrence arising out of any operation thereof but this exclusion does not apply to the named insured. This insurance does not apply to bodily injury or property damage arising out of a non-owned automobile used in the conduct of any partnership or joint venture of which the insured is a partner or a member and which is not designated ill this policy as named insured, or if the named insured is a partnership an automobile owned by or registered in the name of a partner thereof. III. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, (3) claims made or suits brought on account of bodily injury or property damage or (4) automobiles to which this policy applies, the Company's liability is limited as follows: The limit of bodily injury liability stated in the schedule as applicable to "each person" is the limit of the Company's liability for all damages because of bodily injury sustained by one person as a result of any one occurrence; but subject to the above provision respecting "each person", the total liability of the Company for all damages because of bodily injury sustained by two or more persons as a result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence". The total liability of the Company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". For the purpose of determining the limit of the Company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. ADDITIONAL DEFINITIONS When used in reference to this insurance: "commercial automobile" means an automobile of the truck type or other automobile designed for the transportation of material or merchandise over public roads; "non-owned automobile" shall mean an automobile not owned in whole or in part by, registered in the name of, hired by, leased by or loaned to the named insured, or if the named insured is a partnership any partner therein; "private passenger automobile" mean a 4-wheel private passenger or station wagon type automobile; "trailer" includes semi-trailer but does not include mobile equipment. V. ADDITIONAL PROVISIONS Excess Insurance — Non-Owned Automobiles This insurance shall be excess insurance over any other valid and collectible insurance available to the Insured. VI. OTHER PROVISIONS APPLICABLE TO THIS ENDORSEMENT a. The following provisions applicable to Section I and II of the policy are applicable to this endorsement: War Risk Exclusion; Inspection and Audit; Cancellation; Subrogation; and paragraph (2) of Policy Period, Territory. b. The following provisions applicable only to Section II are applicable to this endorsement: Supplementary Payments; Premium; Insured's Duties in the Event of Occurrence, Claim or Suit; Action Against the Company; Nuclear Exclu- sion; and Definitions — Section 11. Fm MLB-222(Ed.10-66) Page 2 of 2 THE FOLLOWING PROVISIONS APPLY TO SECTIONS I AND 11 A. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION:UNDER SECTION I AS RESPECTS The Company may examine and audit the named insured's books and records at PERILS OTHER THAN FIRE (WHICH IS OTHERWISE PROVIDED FOR ON PAGE 2 OF THIS any time during the policy period and extensions thereof and within three years after POLICY) AND UNDER SECTION II AS RESPECTS LIABILITY ASSUMED BY THE INSURED the final termination of this policy, as far as they relate to the subject matter of this UNDER ANY INCIDENTAL CONTRACT OR AS TO FIRST AID OR MEDICAL EXPENSE, THIS insurance. POLICY SHALL NOT APPLY TO LOSS, BODILY INJURY, OR PROPERTY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY OR DUE TO ANY ACT OR CONDITION INCIDENT TO THE 0. CANCELLATION: The words "five days" in the cancellation provision on Page 2 of FOLLOWING: the policy are deleted and the words 'ten days" are substituted therefor. 1. HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUDING ACTION IN HINDERING, COMBATING OR DEFENDING AGAINST AN ACTUAL, IMPENDING OR EX- E. SUBROGATION: In the event of any payment under this policy, the Company shall PECTED ATTACK, (a) BY ANY GOVERNMENT OR SOVEREIGN POWER IDE JURE OR DE be subrogated to all the insured's rights of recovery therefor against any person or FACTO), OR BY ANY AUTHORITY MAINTAINING OR USING MILITARY, NAVAL OR AIR organization AND THE INSURED SHALL EXECUTE AND DELIVER INSTRUMENTS AND FORCES; OR(b) BY MILITARY, NAVAL OR AIR FORCES;OR W BY AN AGENT OF ANY PAPERS AND DO WHATEVER ELSE IS NECESSARY TO SECURE SUCH RIGHTS. THE IN- SUCH GOVERNMENT, POWER,AUTHORITY OR FORCES, IT BEING UNDERSTOOD THAT SURED SHALL DO NOTHING AFTER LOSS TO PREJUDICE SUCH RIGHTS. ANY DISCHARGE, EXPLOSION OR USE OF ANY WEAPON WAR EMPLOYING NU- CLEAR FISSION OR FUSION SHALL BE CONCLUSIVELY PRESUMED TO BE SUCH A A F. CONFORMITY WITH STATUTE: The terms of this policy and forms attached hereto HOSTILE OR WARLIKE ACTION BY SUCH A GOVERNMENT, POWER, AUTHORITY OR which are in conflict with the statutes of the state wherein this policy is issued are FORCES; hereby amended to conform to such statutes. 2. INSURRECTION, REBELLION, REVOLUTION, CIVIL WAR, USURPED POWER, OR AC- G. POLICY PERIOD, TERRITORY: TION TAKEN BY GOVERNMENTAL AUTHORITY IN HINDERING, COMBATING OR DE- FENDING AGAINST SUCH I. SECTION I OF THIS POLICY APPLIES ONLY TO LOSS TO PROPERTY DURING THE QUARANTINE OR CUSTOM''SS OCCURRENCE; SEIZURE DESTRUCTION UNDER POLICY PERIOD WHILE SUCH PROPERTY IS WITHIN THE FIFTY STATES OF THE GOVERNMENT OR PUBLIC AUTHORITY, OR RISKS OF CONTRABAND OR ILLEGAL REGULATIONS, CONFISCATION ORDER ANY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA. ILLEGALTRANSPORTATION OR TRADE. 2. Section 11 of this policy applies only to bodily injury or property damage which oc- B. LIBERALIZATION CLAUSE: If during the period that insurance is in force under this curs during the policy period within the policy territory;"policy territory" means: policy, or within 45 days prior to the inception date thereof, on behalf of the Com- a. the United States of America, its territories or possessions,or Canada, or pany there be adopted, or filed with and approved or accepted by the insurance b, international waters or air space, provided the bodily injury or property dam- supervisory authorities, all in conformity with law, any changes in the form attached age does not occur in the course of travel or transportation to or from any to this policy by which this form of insurance could be extended or broadened with- other country, state or nation,or out increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the insured hereunder c. anywhere in the world with respect to damages because of bodily injury or as though such endorsement or substitution of form had been made. property damage arising out of a product which was sold for,use or consump- C. INSPECTION AND AUDIT: The Company shall be permitted but not obligated to in- tion within the territory described in paragraph a. above, provided the original ect the named insured's property and suit for such damages is brought within such territory. sp p pe y operations at any time.Neither the Company's right to make inspections nor the making thereof nor any report thereon shall consti- W TIME OF INCEPTION: TO THE EXTENT ONLY THAT THE INSURANCE AFFORDED BY tute an undertaking, on behalf of or for the benefit of the named insured or others,to THIS POLICY IS ALSO PROVIDED BY OTHER INSURANCE TERMINATING AT NOON ON determine or warrant that such property or operations are safe or healthful, or are in THE INCEPTION DATE OF THIS POLICY, INSURANCE UNDER THIS POLICY SHALL NOT compliance with any law,rule or regulation. BECOME EFFECTIVE UNTIL SUCH OTHER INSURANCE HAS TERMINATED. THE FOLLOWING PROVISIONS APPLY TO SECTION I A. NUCLEAR CLAUSE: THE WORD "FIRE" IN THIS POLICY IS NOT INTENDED TO AND FAILURE TO MAINTAIN SUCH PROTECTIVE SAFEGUARDS SHALL SUSPEND THIS IN- DOES NOT EMBRACE NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE SURANCE, ONLY AS RESPECTS THE LOCATION OR SITUATION AFFECTED, FOR THE TIME CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, AND LOSS BY OF SUCH DISCONTINUANCE. NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS E. IMPAIRMENT OF RECOVERY: EXCEPT AS NOTED BELOW, THE COMPANY SHALL NOT NOT INTENDED TO BE AND IS NOT INSURED AGAINST BY THIS POLICY,WHETHER SUCH BE BOUND TO PAY ANY LOSS IF THE INSURED SHALL HAVE IMPAIRED ANY RIGHT OF LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE.OR BE IN WHOLE OR IN PART RECOVERY FOR LOSS TO THE PROPERTY INSURED; HOWEVER IT IS AGREED THAT. CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS 1. AS RESPECTS PROPERTY WHILE ON THE PREMISES OF THE INSURED, PERMISSION INSURED AGAINST BY THIS POLICY; HOWEVER, SUBJECT TO THE FOREGOING AND ALL IS GIVEN THE INSURED TO RELEASE OTHERS IN WRITING FROM LIABILITY FOR PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" RESULTING FROM NUCLEAR LOSS PRIOR TO LOSS, AND SUCH RELEASE SHALL NOT AFFECT THE RIGHT OF THE REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS INSURED INSURED TO RECOVER HEREUNDER, AND AGAINST BY THIS POLICY, 2. AS RESPECTS PROPERTY IN TRANSIT, THE INSURED MAY, WITHOUT PREJUDICE B. NUCLEAR EXCLUSION: LOSS BY NUCLEAR REACTION OR NUCLEAR RADIATION OR TO THIS INSURANCE, ACCEPT SUCH BILLS OF LADING, RECEIPTS OR CONTRACTS RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED, OR OF TRANSPORTATION AS ARE ORDINARILY ISSUED BY CARRIERS CONTAINING A DUE TO ANY ACT OR CONDITION INCIDENT TO ANY OF THE FOREGOING IS NOT IN- LIMITATION AS TO THE VALUE OF SUCH GOODS OR MERCHANDISE. SURED AGAINST BY THIS POLICY, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, F. OTHER INSURANCE: PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, 1. LOSS BY FIRE OR OTHER PERILS NOT PROVIDED FOR IN 2. BELOW: IF AT THE TIME OR AGGRAVATED BY ANY THE PERILS INSURED AGAINST BY THIS POLICY; AND OF THE LOSS, THERE IS OTHER INSURANCE AVAILABLE TO THE INSURED OR ANY NUCLEAR REACTION OR NUC LEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL ER CONTROLLED OR UNCONTROLLED, IS NOT "EXPLOSION" OR "SMOKE". THIS COV- CLAUSE APPLIES TO ALL PERILS INSURED AGAINST HEREUNDER EXCEPT THE PERILS OTHER INTERESTED PARTY COVERING SUCH LOSS OR WHICH WOULD HAVE COV- CERED SUCH LOSS EXCEPT FOR THE EXISTENCE OF THIS INSURANCE, THEN THE CLAUS OF FIRE AND LIGHTNING, WHICH ARE OTHERWISE PROVIDED FOR IN THE NUCLEAR COMPANY SHALL BE LIABLE AS FOLLOWS: CLAUSE IF SUCH INSURANCE IS CONTRIBUTING INSURANCE, DEFINED AS ANY INSUR- CLAUSE ABOVE. ANCE WRITTEN IN THE NAME OF THE INSURED, UPON THE SAME PLAN, TERMS, C. NO CONTROL: This insurance shall not be prejudiced: CONDITIONS AND PROVISIONS AS CONTAINED IN THIS POLICY WHETHER COL. 1. by any act or neglect of the owner of any building if the insured is not the owner LECTIBLE OR NOT,THE COMPANY SHALL BE LIABLE FOR NO GREATER PROPOR- thereof, or by any act or neglect of any occupant (other than the insured) of any TION OF ANY LOSS THAN THE LIMIT OF LIABILITY UNDER THIS POLICY BEARS building, when such act or neglect of the owner or occupant is not within the TO THE WHOLE AMOUNT OF INSURANCE COVERING SUCH PROPERTY. control of the insured, or b. IF SUCH INSURANCE IS SPECIFIC INSURANCE, DEFINED AS ANY INSURANCE OTHER THAN THAT DESCRIBED AS CONTRIBUTING INSURANCE IN a. ABOVE, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS HEREUNDER UNTIL THE LIABILITY OF SUCH SPECIFIC INSURANCE HAS BEEN EXHAUSTED, AND THEN SHALL COVER ONLY SUCH AMOUNT AS MAY EXCEED THE AMOUNT DUE FROM SUCH SPECIFIC INSURANCE (WHETHER COLLECTIBLE OR NOT) AFTER APPLICA- TION OF ANY CONTRIBUTION, COINSURANCE, AVERAGE OR DISTRIBUTION OR OTHER CLAUSES CONTAINED IN POLICIES OF SUCH SPECIFIC INSURANCE AFFECTING THE AMOUNT COLLECTIBLE THEREUNDER, NOT EXCEEDING HOW- EVER,THE APPLICABLE LIMIT OF LIABILITY UNDER THIS POLICY. 2. Loss by burglary, robbery or theft or loss of personal property covered on an un- specified peril basis: Insurance under this policy shall apply as excess insurance over any other valid and collectible insurance which would apply in the absence of this policy. 3. WHEN LOSS UNDER THIS POLICY IS SUBJECT TO A DEDUCTIBLE, THE COMPANY SHALL NOT BE LIABLE FOR MORE THAN ITS PRO RATA SHARE OF SUCH LOSS IN EXCESS OF THE DEDUCTIBLE AMOUNT. G. NO BENEFIT TO BAILEE: THIS INSURANCE SHALL IN NO WISE INURE DIRECTLY OR 2. by failure of the insured to comply with any warranty or condition contained in INDIRECTLY TO THE BENEFIT OF ANY CARRIER OR OTHER BAILEE FOR HIRE. any form or endorsement attached to this policy with regard to any portion of the H. LOSS PAYABLE CLAUSE: Loss if any, shall be adjusted with the named insured and premises over which the insured has no control. shall be payable to him unless other payee is specifically named hereunder. D. PROTECTIVE SAFEGUARDS: IT IS A CONDITION OF T SURANCE THAT THE IN- a. REPORT TO POLICE: WH THER A LOSS OR OCCURRENCE TAKES PLACE, THE IN- SURED SHALL MAINTAIN SO FAR AS IS WITHIN HIS COf SUCH PROTECTIVE SAFE- SURED SHALL GIVE NOTICfEOF TO THE PROPER POLICE AUTHORITY IF LOSS OR GUARDS AS ARE SET FORTH BY ENDORSEMENT HERETO. OCCURRENCE IS DUE TOA TION OF A LAW. Page 3 Insert Part B here so that top edge butts against above fold to permit policy number, insured's name and address on Part B to appear through window. OTTACH FORM AND ENDORSEMENTS (IF ANY) HERE • THE FOLLOWING PROVISIONS APPLY TO SECTION 11 A. MODIFICATION OF TERMS: Provisions on Page 2, other than those pertaining to G. ACTION AGAINST COMPANY: No action shall lie against the Company unless, as a waiver, cancellation and concealment and fraud, do not apply. condition precedent thereto, there shall have been full compliance with all of the BFinan- have of this policy, nor until the amount of the insured's obligation to pay shall B. FINANCIAL RESPONSIBILITY LAWS: When this policy is certified as proof of have been written determined either cial responsibility for the future under the provisions of any motor vehicle financial judgment against the insured after actual responsibility law, such insurance as is afforded by this policy for bodily injury trial or by written agreement of the insured, the claimant and the Company. liability or for property damage liability shall comply with the provisions of such law Any person or organization or the eegai representative thereof who has secured to the extent of the coverage and limits of liability required by such law. The insured such judgment or written agreement shall thereafter be entitled to recover under this agrees to reimburse the Company for any payment made by the Company which it policy to the extent of the insurance afforded by this policy. No person or organiza- would not have been obligated to make under the terms of this policy except for the tion shall have any right under this policy to join the Company as a party to any agreement contained in this paragraph. action against the insured to determine the insured's liability, nor shall the Company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of C. PREMIUM: All premiums for this insurance shall be computed in accordance with the insured or of the insured's estate shall not relieve the Company of any of its the Company's rules, rates,rating plans,premiums and minimum premiums applicable obligations hereunder. to the insurance afforded herein. Premium designated in this policy as "provisional premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of H. NUCLEAR EXCLUSION: the policy period. At the close of each annual period (or part thereof terminating with the end of the policy period), the earned premium shall be computed for such 1. This policy does not apply: period and, upon notice thereof to the named insured,shall become due and payable. a. Under any Liability Coverage, to bodily injury or property damage If the total earned premium for the policy period is less than the premium previously paid, the Company shall return to the named insured the unearned portion paid by (1) with respect to which an insured under this policy is also an insured under the named insured. a nuclear energy liability policy issued by Nuclear Energy Liability Insur- The named insured shall maintain records of such information as is necessary for ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear premium computation, and shall send copies of such records to the Company at the Insurance Association of Canada, or would be an insured under any such end of the policy period and at such times during the policy period as the Company policy but for its termination upon exhaustion of its limit of liability; or may direct. (2) resulting from the hazardous properties of nuclear material and with re- spect to which (al any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law 1. In the event of an occurrence, written notice containing particulars sufficient to amendatory thereof, or (b) the insured is, or had this policy not been identify the insured and also reasonably obtainable information with respect to the issued would be, entitled to indemnity from the United States of America, time, place and circumstances thereof, and the names and addresses of the in- or any agency thereof, under any agreement entered into by the United jured and of available witnesses, shall be given by or for the insured to the States of America, or any agency thereof, with any person or organization. Company or any of its authorized agents as soon as practicable. b. Under any Medical Paygents Coverage, or under any Supplementary Payments 2. If claim is made or suit is brought against the insured, the insured shall imme- provision relating to first aid, to expenses incurred with respect to bodily in- diately forward to the Company every demand, notice, summons or other process jury resulting from the hazardous properties of nuclear material and arising received by him or his representative. out of the operation of a nuclear facility by any person or organization. 3. The insured shall cooperate with the Company and, upon the Company's request, c. Under any Liability Coverage, to bodily injury or property damage resulting assist in making settlements, in the conduct of suits and in enforcing any right from the hazardous properties of nuclear material, if of contribution or indemnity against any person or organization who may be liable (1) the nuclear material (a) is at an yy nuclear facility owned by, or operated by to the insured because of injury or damage with respect to which insurance is or on behalf of, an insured or has been discharged or dispersed there- afforded under this policy; and the insured shall attend hearings and trials and from; assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, (2) the nuclear material is contained in spent fuel of waste at any time pos- assume any obligation or incur any expense other than for first aid to others at sessed, handled, used, processed, stored, transported or disposed of by or the time of accident. on behalf of an insured;or (3) the bodily injury or property damage arises out of the furnishing by an E. MEDICAL REPORTS, PROOF AND PAYMENT OF CLAIM—COVERAGE D: As soon as insured of services, materials, parts or equipment in connection with the practicable the injured person or someone on his behalf shall give to the Companyplanning, construction, maintenance, operation or use of any nuclear written proof of claim for medical expense, under oath if required, and shall, after facility, but if such facility is located within the United States of America, each request from the Company, execute authorization to enable the Company to ob- its territories or possessions or Canada, this exclusion (3) applies only to tain medical reports and copies of records.The injured person shall submit to physical property damage to such nuclear facility and any property thereat. examination by physicians selected by the Company when and as often as the Com- pany may reasonably require. The Company may pay the injured person or any person 2. As used in this provision: "hazardous properties" include radioactive, toxic or or organization rendering the services and the payment shall reduce the amount explosive properties; nuclear material' means source material, special nuclear payable hereunder for such injury. Payment hereunder shall not constitute an admis- material or byproduct material; "source material", special nuclear material", cion of liability of any person or, except hereunder, of the Company. and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; 'spent fuel" means any fuel element F. OTHER INSURANCE: This insurance is primary insurance, except when stated to or fuel component, solid or liquid, which has been used or exposed to radiation apply in excess of or contingent upon the absence of other insurance.When this insur- m a nuclear reactor; "waste" means any waste material (11 containing byproduct ance is primary and the insured has other insurance which is stated to be applicable material and (2) resulting from the ape ration by any person ar organization of to the loss on an excess or contingent basis, the amount of the Company's liability any nuclear facility included within the definition of nuclear facility under para- under this policy shall not be reduced by the existence of such other insurance. graph a. or b. thereof; "nuclear facility" means When both this insurance and other insurance apply to the loss on the same basis, a. any nuclear reactor, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable con- b. any equipment or device designed or used for (1) separating the isotopes of tribution provision below: uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, 1. Contribution by Equal Shares: If all of such other valid and collectible insurance processing or packaging waste, provides for contribution by equal shares, the Company shall not be liable for a c. any equipment or device used for the processing, fabricating or alloying of greaterproportion of such loss than would be payable if each insurer contributes special nuclear material if at any time the total amount of such material in an equal share until the share of each insurer equals the lowest applicable limit the custody of the insured at the premises where such equipment or device is of liability under any one policy or the full amount of the loss is paid, and with located consists of or contains more than 25 grams of plutonium or uranium respect to any amount of loss not so paid the remaining insurers then continue 233 or any combination thereof, or more than 250 grams of uranium 235, to contribute equal shares of the remaining amount of the loss until each such d. any structure, basin, excavation, premises or place prepared or used for the insurer has paid its limit in full or the full amount of the loss is paid. storage or disposal of waste, 2. Contribution by Limits: If any of such other insurance does not provide for con- and includes the site on which any of the foregoing is located, all operations tribution by equal shares,the Company shall not be liable for a greater proportion conducted on such site and all premises used for such operations; "nuclear re- of such loss than the applicable limit of liability under this policy for such loss actor" means any apparatus designed or used to sustain nuclear fission in a bears to the total applicable limit of liability of all valid and collectible insurance self-supporting chain reaction or to contain a critical mass of fissionable material; against such loss. "property damage" includes all forms of radioactive contamination of property. Page 4 I. SUPPLEMENTARY PAYMENTS: The company will pay,in addition to the applicable limit of liability: of accident or traffic law violation arising out of the use of any vehicle to which 1. All expenses incurred by the company, all casts taxed against the insured in any this policy applies, not to exceed $250 per bail bond, but the company shall have suit defended by the company and all interest on the entire amount of any judg- no obligation to apply for or furnish any such bonds; ment therein which accrues after entry of the judgment and before the company 3. Expenses incurred by the insured for first aid to others at the time of an accident, has paid or tendered or deposited in court that part of the judgment which does for bodily injury to which this policy applies; not exceed the limit of the company's liability thereon; 2. Premiums on appeal bonds required in any such suit,premiums on bonds to release 4. Reasonable expenses incurred by the insured at the company's request in assisting attachments in any such suit for an amount not in excess of the applicable limit of the company in the investigation or defense of any claim or suit, including actual liability of this policy, and the cost of bail bonds required of the insured because loss of earnings not to exceed$25 per day. DEFINITIONS—SECTION II When used in the provisions applicable to Section II of this policy (including "insured" means any person or organization qualifying as an insured in the endorsements forming a part hereo0: "Persons Insured" provision of the applicable insurance coverage. The insurance "automobile" means a land motor vehicle, trailer or semi-trailer designed for afforded applies separately to each insured against whom claim is made or suit is travel on public roads (including any machinery or apparatus attached thereto), but brought, except with respect to the limits of the Company's liability; does not include mobile equipment; "insured promises" means (1) the premises designated in the Declarations, 12) "bodily Injury" means bodily injury, sickness or disease sustained by any person premises alienated byy the named insured (other than premises constructed for sale W hich occurs during the policy period,including death at any time resulting therefrom; by the named insured), if possession has been relinquished to others,and(3)premises "completed operations hazard" includes bodily injury andpropertydama a arising as to which the named insured acquires ownership or control and reports his inten- p y 1 ry g g tion to insure suchpremises under this policy and no other within 30 days after such out of operations or reliance upon a representation or warranty made at any time acquisition;and includes the ways immediately adjoining such premises on land; with respect thereto, but only if the bodily in'ury or property damage occurs after "medical expenses" means expenses for necessary medical, surgical, x-ray and such operations have been completed or abanloned and occurs away from premises dental services, including prosthetic devices and necessary ambulance, hospital, owned by or rented to the named insured. "Operations" include materials, parts or professional nursing and funeral services; equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: "mobile equipment" means a land vehicle (including any machinery or apparatus (1) when all operations to be performed by or on behalf of the named insured under attached thereto), whether or not self-propelled, (1) not subject to motor vehicle the contract have been completed, registration, or(2)maintained for use exclusively on premises owned by or rented to (2) when all operations to be performed by or on behalf of the named insured at the the named insured, including the ways immediately adjoining,or(3) designed for use site of the operations have been completed, or principally off public roads, or (4) designed or maintained for the sole purpose of (3) when the portion of the work out of which the injury or damage arises has been affording mobility to equipment of the following types forming an integral part of or Po 1 Y 8 permanently attached to such vehicle: power cranes, shovels, loaders, diggers and put to its intended use by any person or organization other than another con- drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers tractor or subcontractor engaged in performing operations for a principal as a part and other road construction or repair equipment; air-compressors, pumps and gen- of the same project. erators, including spraying, welding and building cleaning equipment;and geophysical Operations which may require further service or maintenance work, or correction, exploration and well servicing equipment; repair or replacement because of any defect or deficiency, but which are otherwise "named insured"means the person or organization named in Item 1 of the Declare- complete, shall be deemed completed. tions of this policy; The completed operations hazard does not include bodily injury or property dam- "named insured's products" means goods or products manufactured, sold, handled age arising out of (1) operations in connection with the transportation of property, P g P unless the bodilyy inI'ury or property damage arises out of a condition ip or on a or distributed by the named insured or by others trading under his name, including vehicle created by the loading or unloading thereof, (2) the existence of tools, un- any container thereof (other than a vehicle), but "named insured's products" shall installed equipment or abandoned or unused materials, or (3) operations for which not include a vending machine or any property other than such container, rented to the classification stated in the policy or in the Company's manual specifies"including or located for use of others but not sold; completed operations"; "occurrence" means an accident, including continuous or repeated exposure to "elevator" means any hoisting or lowering device to connect floors or landings, conditions, which results in bodily injury or property damage neither expected nor whether or not in service, and all appliances thereof including any car, platform, intended from the standpoint of the insured; shaft, hoistway, stairway, runway, power equipment and machinery; but does not products hazard" includes bodily injury and property damage arising out of the include an automobile servicing hoist,or a hoist without a platform outside a building named insured's products or reliance upon a representation or warranty made at any if without mechanical power or if not attached to building walls, ora hod ma- time with respect thereto, but only if the bodily injury or property damage occurs conveyor used exclusively for carrying property feriae hoist used in alteration, construction t demolition operations, or ora dumbwaiter used exclusively inclined sively for away from premises owned by or rented to the named insured and after physical carrying property and having a compartment height not exceeding four feet; possession of such products has been relinquished to others; "incidental contract" means any written (1) lease of premises,(2)easement agree- "property damage" means (1) physical injury to or destruction of tangible property ment, except in connection with construction or demolition operations on or adjacent which occurs during thepWicy period, including the loss of use thereof at any time to a railroad, (3) undertaking to indemnify a municipality, re�wired by municipal Or- resulting therefrom, or (21 loss of use of tangible property which has not been phys- dinance,except in connection with work for the municipality,(4)sidetrack agreement, ically injured or destroyed provided such loss of use is caused by an occurrence during or (5) elevator maintenance agreement; the policy period. When used in this policy (including endorsements forming a part hereof): power transmitting equipment, or (2) arising out of operations performed for the "collapse hazard" includes "structural property damage" as defined herein and named insured by independent contractors, or(3) included within the completed oper- property damage to any other property at any time resulting therefrom. "Structural ations hazard or the underground property damage hazard,or(4)for which liability is property damage" means the collapse of or structural injury to any building or struc- assumed by the insured under an incidental contract. ture due to (1)grading of land, excavating, borrowing, filling, back-filling, tunnelling, "underground property damage hazard" includes underground property damage as pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, defined herein and property damage to any other property at any time resulting there- raising or demolition of any building or structure or removal or rebuilding of any from. "Underground property damage" means property damage to wires, conduits, structural support thereof. The collapse hazard does not include property damage (1) pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in con- arising out of operations performed for the named insured by independent contractors, nection therewith,beneath the surface of the ground or water,caused by and occurring or (2) included within the completed operations hazard Or the underground property during the use of mechanical equipment for the purpose of grading land, paving, damage hazard,or(3)for which liability is assumed by the insured under an incidental excavating, drilling, borrowing, filling, back-filling or pile driving. The underground contract; property damage hazard does not include property damage (1) arising out of opera- "explosion hazard" includes property damage arising out of blasting or explosion. tions performed for the named insured by independent contractors, or (2) included The explosion hazard does not include property damage (1) arising out of the explo- within the completed operations hazard, or (3) for which liability is assumed by the sion of air or steam vessels, piping under pressure, prime movers, machinery or insured under an incidental contract. ADDED PROVISION PARTICIPATING CONDITIONS: THE INSURED IS ENTITLED TO SHARE IN THE DISTRIBUTABLE NET EARNINGS AND SAVINGS OF THE COMPANY IN ACCORDANCE WITH THE DIVIDENDS DECLARED BY THE BOARD OF DIRECTORS ON AND LIKE POLICIES. Page 5 ,_,MMERCIAC ACCOUNT POLICY CAL-FARM INSURANCE COMPANY A NON-ASSESSA9LE PARTTCtPpk"NO STOCK COMPANY BERKELEY, CALIFORNIA � r POLICY PROVISIONS—PART A COMMERCIAL c_ ACCOUNT POLICY LJ Y THESE POLICY PROVISIONS "PART A", WITH DECLARATIONS—"PART B'T EAA OVE&2), FORMS ANDED ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART HEREOF, COMPLETES CF-1987 -� �Y ;400 FASEOg0 ElANYO~ t 2-i, w SAN JIJA N_OAPISTRANO,CALIFORNiq 92675 IrKONC40117tri" s f w October 27 , 1977 Toyo Landscaping Company 523 South Newhope Avenue Santa Ana, California 92704 Attention: Cheri Re: Agreement with Toyo Landscaping Company for maintenance of Descanso Park and Specified Parkways Dear Gentlemen: This is to confirm my telephone conversation with Cheri on October 12, 1977 . At that time I called to confirm on what dates several pages of the Specifications and Contract Documents for Descanso Park and Specified Parkways had been signed as these pages were not dated. She informed me that Mr. Harumori Oda had signed Pages 4 , 6 and 17 on the 30th day of September, 1977 . I have filled in that date on those pages. If this is not correct, please telephone me at the City of San Juan Capistrano, 493-1171, City Clerk ' s Office and the necessary corrections will be made . Thank you for your cooperation. Very truly yours, (MRS) CATHLEEN A. DU GOING RECORDS CLERIC cd 32400 PASEO ADELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 - PHONE 493-1171 • December 11, 1978 Transcon n ntal Factors, Inc. , P. O. Box� 4119 San Clemente, California 92672 Re: AWAga oaf B,_d - Maintenance of- Descanso Park and Specified Parkways Gentlemen: At their meeting of December 7, 1978 , the City Council awarded the contract for the maintenance of Descanso Park and Specified Parkways to your company. Enclosed are two contracts which have been signed by Mayor Friess. Please complete both and return the contract marked "City Copy" with , all required bonds and insurance to this office. I am enclosing Pages nos. 10 and 11 of the bid document for your information. Please note the provisions on Page 10 for bonds required by the City and the insurance provisions on Page 14 , Section 9 of the Agreement, which must be .met before the contract is effective. Please note also that Section 7 of the Agreement states that the contractor shall begin maintaining landscaping within 15 days; however, this paragraph is a standard statement and should be corrected to reflect the actual commencement date of January 1, 1979 . If I can be of any help to you, please do not hesitate to call my office. Thank you for your cooperation. Verytrulyyours, (MRS) MARY; NN HANOVER City Cler MAH/cj Enclosures CC: Director of Public Works I0�0 1-a'>'="(.,� �a 1'+. ,,..y Cp I:�/tP)-rR