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1984-1106_TOYO LANDSCAPE CO_Agreement"City" A G R E E M E N T LANDSCAPE MAINTENANCE FOR SPECIFIED PORTIONS OF VARIOUS PARKWAY AREAS THIS AGREEMENT is made and entered into this 6th day of November 19 84, between the City of San Juan Capistrano, hereinafter referred to as "CITY" and TOMO LANDSCAPING COMPANY , hereinafter referred to as "CONTRACTOR." W I T N E S S E T H: SECTION 1. TERM: This Agreement shall commence on the 1st day of DecemFe—r 19 84, and shall remain and continue in effect until May 31, 1985 , thereafter subject to termination as described in Section 11. SECTION 2. SCOPE OF WORK/MAINTENANCE: Maintenance to be performed by Contractor shall consist of those locations and tasks as set forth in Exhibit A, attached and incorporated hereto by reference. SECTION 3. MEASUREMENT AND PAYMENT: CONTRACTOR shall agree 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 consideration: SPECIFIED PORTIONS OF VARIOUS PARKWAY AREAS TOTAL MONTHLY COSTS $ TOTAL ANNUAL COSTS $ 2,820.00 33,840.00 Payment for any extra work directed by CITY shall be the actual cost of labor, plus wholesale cost of material, plus twenty (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 backup vouchers for all charges other than monthly costs for item above. -1- 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. 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 equipment necessary for the satisfactory performance of the work set forth in this agreement. Eight (8) hours constitutes a legal day's work. The time worked by each workman employed in the execution of this 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 performed in excess of eight hours per day shall be permitted upon compensation 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 Agreement. 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 pro- gress of the work; all questions as to the acceptable fulfillment of the agreement 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 the authority to enforce and make effective such decisions. When condition of a maintained area is determined by the 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. -2- 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 agreement and a separate bond to secure payment of persons performing labor and furnishing materials in connection with this agreement, each bond shall be in the amount of not less than one hundred percent (100%) of the amount of this agreement. The CONTRACTOR shall perform his work in accordance with the Standard Specifications for Public Works Construction, 1979 Edition, hereinafter referred to as the Standard Specifications. The CONTRACTOR shall maintain a copy of this book on the job site at all times. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: "Section 2-4 - Contract Bonds" The "Payment Bond" (Material and Labor Bond) shall be in the amount of 100 percent (100%) of contract price. The "Faithful Performance Bond" shall be held in assurance of guaranteed performance for a period of one year after acceptance of the improvements by the City Council. Change 2: "Liability Insurance" The amounts and provisions of insurance are modified to be: Bodily Injury $ 500,000 each person Bodily Injury $1,000,000 each accident Bodily Injury $1,000,000 aggregate products Property Damage $ 500,000 each accident Property Damage $ 500,000 aggregate operations Property Damage $ 500,000 aggregate protection Property Damage $ 500,000 aggregate products Property Damage $ 500,000 aggregate contractual The CONTRACTOR shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him, whether on or off the premises, with liability limits of not less than $500,000, for any one person, and $500,000, for any one accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the CONTRACTOR may be involved in the accomplishment of the work may require greater amounts. -3- SECTION 9. SAFETY: CONTRACTOR agrees to perform all work outlined in this contract in such a manner as to meet all accepted standards 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 exca- vations, or other hazards consequential or related to his work; and agrees additionally to accept the sole responsbility for compying 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 _-11 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 telephone followed by confirmation in writing to the Director of Public Works or his representatives. SECTION 10. INDEMNITY PROVISION: The CONTRACTOR shall be responsible from the time of the beginning of operations, and 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 otherwise 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 agreement. SECTION 11. 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, this agreement may be terminated by CITY without cause by giving CONTRACTOR written notice of termina- tion by first class mail 15 days prior to the actual date of termination. Should CITY exercise this right of termination, CITY shall compensate CONTRACTOR by paying to CONTRACTOR an additional one-third month's payment. SECTION 12. NOTICES: Any written notices to the parties hereto shall be sufficient if they are deposited in the United States mail in envlopes, postage prepaid by registered or certified mail, addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -4- SECTION 13. ASSIGNMENT: CONTRACTOR may not assign this Agreement without prior consent and approval of CITY. SECTION 14. 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. SECTION 15. ATTORNEY'S FEES: Developer agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any actions brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against the developer if such action is determined in favor of said CITY. The contract bonds required under Section 8 shall expressly provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement and contract bonds. IN WITNESS WHEREOF, the parties hereto have executed this agreement at San Juan Capistrano, California, the day and year first above written. ATTEST: MARY ANN OVER, CITY CLERK APPROVED AS TO FORM: ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO) CITY OF SAN JUAN CAPISTRANO By RY HAUSDORFER, May r CONTRACTOR: 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 Maintenance of Landscaping in various City areas, executed by the Mayor of the City Council of the City of San Juan Capistrano, California. -5- - 1 /.s / „ GENERAL PROVISIONS A. Turf Grass EXHIBIT "A" 1. All lawn areas are to be mowed weekly, or as needed to main- tain 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 weed -free 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 twice a year between February 1 and March 31 and September 1 and October 31. Aerate all turf by remvi.ng 1/2" by 2" cores of sod with an aerator machine at not Imre than 6" spacing. 5. Turf shall be dethatched twice a year between February 1 and March 31; also September 1 and October 31. This shall be accorsplished 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 tract 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. 7. A broad spectrum of fungicide (to be approved by City Field Supervisor) shall be applied to all bluegrass turf at the preventive rate beginning April 1 each year. Additional applications shall be made at the curative rate as necessary throughout the year. B. Slope Care -1- 1. Ground cover (grass, herbaceous plants). 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. Periodic hand weeding over entire area will be required. 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. Additional weed control shall be initiated as necessary to maintain a weed -free 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. S. 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 a suitable type to provide the maximum amount of color (bloom) during the time they are in the bed areas. All of the applicable maint- enance programs covered in this section shall apply to these 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. 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 as will the cost for any water loss during this time. 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. 7. 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. -3- 9. Irrigation by water truck will be accomplished during day- light hours and no less than bi-monthly, or as directed. 10. A minimum 500 gallon capacity tank is required. 11. CONTRACTOR is required to be present during watering and/or inspect the irrigation system daily to assure that there are no problems with the system. F. Common Seating Areas 1. Sweep, clean and remove debris a minimum of once a week. 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. 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. -4- 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 accord- ance with the foregoing specifications except fertilizer, which will be available at Corporation Yard, 32400 Paseo Adelanto, San Juan Capistrano. 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 telephone service during normal working hours. I£ 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 exposure 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. -5- 18. CONTRACTOR shall submit a work schedule identifying the number of persons working in the area and the anticipated hours of work for each week. I. Extra Work 1. Extra work will not be performed without prior approval by CITY unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the CITY as a result of acts of God, vandalism, theft, civil disturbances or 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 a percentage of materials. 5. The Director of Public Works, or his authorized representative, is authorized to approve extra work up to 25 percent (25%) 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. R. Statement of Experience All applicants are required to submit a statement of experience on related projects. This should include: availability of experienced labor; available equipment, and qualifications of your designated project manager/supervisor. L. Spraying All contractors are required to show verification of a current herbicidal spraying permit issued by the Department of Agriculture. M. City Inspection Contractor or responsible representative may be expected to inspect all locations once each month accompanied by a represent- ative from the CITY. At that time inadequacies/areas of improve- ments will be determined prior to release of payment for that month. If the contractor fails to provide services as per specifications noted in the inspection, the CITY shall have the right to withhold payment or that portion of payment as deter- mined as appropriate by the CITY to correct the problem and until the situation is rectified. -6- N. Daily Reporting Contractor shall make daily contact with City Supervisor to determine work level and effort as well as maintenance performance. Q. Inclimate Weather Contractor shall be responsible for the checking of landscape maintenance areas and for the removal and disposal of broken branches, fallen trees and erosion control. P. Library Facilities Fountain and reflecting pool is to be maintained and kept clean and free of debris and leaves. Area drains are to be checked and cleaned as needed. -7- PARKWAY AREAS 1. Del Obispo Street, easterly side from southerly city limits to Blue Fin Drive; Blue Fin Drive on southerly side to Via La Pluma; 22 Jacaranda trees and ground cover; manually controlled irrigation. 2. Camino Del Avion, each side, easterly from Del Obispo; 10 Sycamores 13 Acacias, five Peppers; water truck for trees, weed control. Also, Del Obispo on school side; 23 Sycamores and eight Pear trees; water truck for trees, weed control. 3. Calle Aspero, each side from Del Obispo to Calle Ricardo; 22 Jacarandas and 22 Peppers; water truck for trees; weed control. 4. East side of Aguacate Road at Estelita to northerly end of street; 12 Evergreen Pear trees, Bougainvillea, three Olives, 17 Bottle Brush, 42 Sycamores, and ground cover; manually controlled irrigation system; also water truck required. 5. a) 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; four Evergreen Pear trees, 13 Sycamores (water truck required); weed control. b) Del Obispo Street, north side from Trabuco Creek bridge to Camino Capistrano; 30 Sycamores (water truck required); weed control. c) Del Obispo Street, traffic island between Camino Capis- trano and railroad; 14 Sycamores and ground cover (manually controlled irrigation system). 6. Camino Capistrano, freeway side from San Juan Creek Road southerly 1,500'; 120 Liquid Ambers (water truck required); weed control. San Juan Creek Road between Camino Capistrano and freeway overcrossing; 14 Sycamores (water truck required); weed control. 7. Easterly side of San Juan Creek Road between Camino Santo Domingo and northerly end of improvements; eight Evergreen Pears, 20 Sycamores (water truck required); weed control. 8. Cristal at Ortega Highway; 20 Sycamores. Ortega Highway at Cristal; 43 trees and ground cover (automatic controlled irrigation system). am 9. Calle Arroyo, south side of street from Sundance Drive to Via Parra and from Via Cordova to Avenida Siega; 60 Eucalyptus, 92 Liquid Ambers/Sycamores, ground cover; automatic irrigation system. Calle Arroyo, north side of street starting 100 feet east of Via Cordova and extending to the end of Tract 5126 boundary; 35 Sycamores, 1 maple, 3 Blooming Pears, 47 Eucalyptus; automatic irrigation. 10. Avenida Siega, northeast side from Calle Arroyo to Ortega; equestrian trail, 34 Eucalyptus, 15 Liquid Ambers; automatic irrigation system. Ortega Highway, southeast side from Siega to end of Tract a204 boundary; grass, 5 Elms, 5 Sycamores, 6 Eucalyptus and 1 Pepper; automatic irrigation system. 11. a) Camino Capistrano, north side from Avenida Padre to Golondrina; 23 Sycamores, 4 Ficus, automatic irrigation system; weed control; shrubs and groundcover. b) Camino Capistrano, traffic,island between Del Obispo and Golondrina; 18 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. c). Del Obispo Street, traffic island from Camino Capistrano to 220' easterly; 12 Sycamores, shrubs and ground cover; automatic irrigation system; weed control. 12. The northeast corner of Del Obispo and Camino Capistrano, extending 200' easterly from the corner; 12 California Sycamores, shrubs and lilies; automatic irrigation system. 13. DELETED 14. Desilting basins and fitness trail - 12.5 acres on east side of Camino Las Ramblas from Acu Park south to Kinkerry Lane; automatic sprinkler system; basins require maintenance of groundcover on the slopes, trail requires weed and erosion control. 15. The west side of Camino Las Ramblas from Avenida Pescadcr to Kinkerry Lane; automatic irrigation system; groundcover and trees; (191). MM 16. Southwest corner of Alipaz Street and Del Obispo Street - 2,800 square feet; 15 Sycamores, shrubs, ground cover with manual irrigation - weed control. 17. Ortega Highway and Sundance Drive (Sunhollow Tract); 6,720 square feet of equestrian trail; 3,350 square feet of shrubs and ground cover; 1,560 square feet of grass and 27 trees with automatic irrigation - weed control. 18. Rancho Viejo Road - 1.07 acres of trees and grass with shrubs and ground cover in medians; automatic irrigation and weed control. Minimum water truck capacity of 500 gallons is required. TOTAL ANNUAL COST $ 33,840.00 Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and thatthey constitute his proposal for the work called out herein. 'Signature of Bidder TOYO LANDSCAPING CO. P. 0. Box 2367 12891 Nelson St. Garda (_rrn,a r r' Co G49 Address (714) 530-0660 Telephone Number -10- SAN J 00 17. RECEIVED 92675 D�C 26 2 56 Pm 014 t F `PHO 0493 Ar7.r'. CITY CLERK a DEPARTMENT C TY ^F 58N JUAN CF.L�:ilti°yl' November 8, 1984 Toyo Landscaping Company P. O. Box 2367 Garden Grove, California 92642-2367 Re: Award of Contract - Landscape Maintenance For Specified Portions of Various Parkway Areas Gentlemen: At their meeting of November 6, 1984, the City Council awarded the contract for the Landscape Maintenance for Specified Portions of Various Parkway Areas to your company at $33,840.00. Enclosed are two copies of the contract. Please sign and date both contracts and return the "City Copy" to this office along with all required bonds and insurance within 15 days. If you fail to execute said Agreement and furnish said bonds and.certificates of insurance within 15 days from the date of this Notice, the City will be entitled to consider all your rights arising out of the City's acceptance of your bid to be abandoned and as a forfeiture of your. Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of I am enclosing Pages 3, 21, and 22 of the bid documents which cite the City's requirements for bond and insurance amounts. The City is also to be named as an additional insured pursuant to the Standard Specifications for Public Works Construction. These requirements must be met as stated before the contract is effective. If I can be of any help to you, please do not hesitate to call. Thank you for your cooperation. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/mac Enclosures CC: Director of Public Works Director of Administrative Services Receipt of the foregoing Notice of Award is hereby acknowledged: c_ Sk By this day of �p7/- 1984. BOND NO. 909018P (SAMPLE) EFFECTIVE: November 28 FAITHFUL PERFORMANCE BOND 1984 PREMIUPf $503.00 KNOW ALL MEN BY THESE PRESENTS: that WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to TOYO LANDSCAPING Co. , License No. , hereinafter designated as "Principal", a contract for landscape maintenance for specified portions of various parkwa; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, WE, TOYO LANDSCAPING CO. as Principal, and INDEMNITY COMPANY OF CALIFORidIA , as surety, are held and firmly bound unto the City of San Juan Cap}strano a mL iciR corporation of Orange County, California, Cap, tf:ree Hous n in the penal sum of eig,,LYhundred-fm-t�-"e/]OPO($ 33 vin nn ) lawfuLl money of the United State 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successf.illy enforcing such obligation, all to be taxed as costs and included in any judg:rent rendered. 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 =difications of the contract documents or of work to be performed thereunder. IN WITNESS WHEREOF three (3) identical counterparts of this inst=,ent, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named, on the 2801 day of November 1934 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersic3ned representative pursuant to authority of its governing body. TOYO LANDSCAPING CO. PRINCIPAL INDE14NITY COMPANY OF CALIFORNIA -21- Ar_ ornev- By _ �;erbipa, Jr.,in-race CORPORATION STATE OF CALIFORNIA ORorvcE S SS. COUNTY OF MI�V ))) On Nov -2- Ce 2- 1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared F. GERBINGf !R. pegonally known to me (or evidence) to bethe person who Attorney on behalf of Indemn therein named, and acknowledp to me WITNESS my W Rnd official gal. Siq`nalu i h C NNN(REV.)Jap L/ me 9h the basis of satisfactory !� with msttument as Power of ry/of lifornia,��the corporation S([ corpomtipn executed it. LINDA S. WIMSERLY 'Y NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY MY co"llsion Expires Sept. 7a 1888 77m; arta for Ofend Notarial Seal BOND NO. 909018P S A M P L E Premium Included EFF: November 28,1984 LABOR AND MATERIAL BOND 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 CO. , License No. , hereinafter designated as "Principal" , a contract for landscape maintenance for specified per[ioar o£ ticaxir F "'eapd . 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 TOYO LANDSCAPING CO. Principal, and INDEMNITY COMPANY OF CALIFORNIA r as surety are held firmly bound unto the City of S n uanaa a ttrrailc a municipal corporation, in the penal sum of fortvyyandono/100e�g1hStTiun red DOLLARS lawful money of the United State 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 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, altera- tion 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. -22- As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 executed by the Principal and surety herein named on the 28th day of November 1984• The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. TOYO LANDSCAPING CO. PRINCIPAL INDEMNITY COMPANY OF CALIFORNIC SURETY B _ .F. Get 'nQ, J Atto v -in -Fact -22a- CORPORATION STATE OF CALIFORNIA COUNTY OF Al PMN%�r---- SS. On T , before me, the undersigned, a Notary Public in and for said State, personally appeared Q. F. GERBING, JR. personally known to me (or, proved to me on the basis of satisfactory evidence) to be the person who exec the \ within instrument as Power of Attorney on behalf of Indemnity ompany of CRlifarnia, the corporation Iller n named, act acimowledged �o me tpel th{corpomtin executed it. WITNIESS my hand'pnd official sept. Signature allyOFFICIAL SEAL LINDA S. WiMBERLY NOTARY PUBLIC•CALIFORNIAORANGE COUNTY Commission Expires Sept 23, 1988 ICCID (REV. 7/114) ---- INDEMNITY COMPANY OF CALIFORNIA Home Office: 333 Wilshire Anaheim, California 92801 • (714) 999-1471 POWER OF ATTORNEY ICC No. 503126 KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint G.F. Gerbing, Jr. its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf as surety, all bonds or undertakings if executed before June 30, 1985. and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by fascimile under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. This power of Attorney does not cover the following: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, warehouse bonds, self -insurer's bonds, fidelity bonds, bail bonds, wage law bonds, and bonds of Ne Exeat or fiduciary bonds. 'RESOLVED, that the Chairman of the Board, the President, any Vice President of the Company, be, and that each or any of them hereby is authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of INDEMNITY COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company." 'FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached" NOTICE: 1, This Power void unless corporate seal perforates power next to signatures. 2. This Power void if altered or erased. 3. Power of attorney should not be returned to Attorney -in -Fact, but should remain a permanent part of the obligee's records. In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presents to be signed by its President or by one of its Vice Presidents and attested by its Secretary or by one of Its Assistant Secretaries this 16th Day of August, 1976. ATTEST: INDEMNITY COMPANY OF CALIFORNIA By Paul E Griffin Jr.Z Secretary .� Jero .Sweeney President STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th Day of June, 1984, personally came before me, Jerome J. Sweeney, President, and Paul E. Griffin Jr., Secretary, to me known to be the individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL =VICKIE JOHNSON emy NOTARY PUBLIC-CALIFORNIAORANGE COUNTY Commission Expires Nov. 22, 1985 mttnmer STATE OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE V .Ll.1r..L.4L,i d l Notary Public Vickie Johnson . I, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the Resolutions of the Executive Committee of the Board of Directors set forth in the Power of Attorney, are now in force. Signed and sealed in the City of Santa Ana, California, this 28th day of November . 19 84 WARNING! This e, t copyrighted document. Any s are in blue ed reproduction is prohibited. THIS POWER IS VOIO unless the seals are readable, text is in brown ink, signatures are in blue ink and warning is in red ink. ICC -2 Rev 6-14-84 Bayani R. Baloloy Assistant Se&ktary 0 0 2. APPROVAL OF AGREEMENTS FOR LANDSCAPE MAINTENANCE OF CITY // PARXS, PARKWAYS, AND FACILITIES (38-#415, 416, 460)(S91 1 '(38) Written Communications l (74) Report dated November 6, 1984, from the Director of Public Works, advising that following termination of the contract with Landscape West, the City authorized landscape maintenance work through monthly purchase orders. The report advised that the contract documents were reviewed and amended to provide for better contract cohesiveness and clarification; i.e., the contract will now contain a 30 -day termination period with no additional compensation. A budget amendment in the amount of $20,000 to Public Works Maintenance Account No. 01-4440-213-510 was necessary to cover additional costs in excess of the original contract. The agreements will provide the following services for the period ending May 31, 1985: Midori Gardens (City Parks) $5,538.83/month Toyo Landscaping (City Parkways) 2,820.00/month Green's Gardening (City Facilities) 885.00/month Newport West Properties (Ortega Properties Parks and Parkways 1,350.00/month Approval of Contracts: It was moved by Councilman Schwartze, seconded by Councilman Buchheim , and unanimously carried to approve the contracts for maintenance of City Parks with Midori Gardens of Santa Ana; City Parkways with Toyo Landscaping Company of Garden Grove; City Facilities with Green's Gardening of San Juan Capistrano; and, Ortega Properties Parks and Parkways with Newport West Properties of Irvine. The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. A budget transfer of $20,000 was authorized; staff was authorized to pursue cost recovery from Landscape West. Y I E AGENDA ITEM TO: Stephen B. Julian, City Manager • November 6, 1984 FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreements for Landscape Maintenance of City Parks, Parkways, and Facilities SITUATION: Over the past three months and following contract termination with Landscape West, the City has authorized the landscape maintenance work for City Parks, Parkways, and Facilities through monthly purchase orders. During this time, City Staff was able to review the existing contract documents and has made some changes to provide for better contract cohesiveness and clarif- ication. Currently, the landscape maintenance contractors have been pro- viding the landscaping work in good faith, anticipating the finalization of a contractual arrangement with the City. The agreements presented for your approval include the modifications referenced above which have been reviewed by the City Attorney. One section, Section 11 concerning termination, is special to this contract and will be changed in all the proceeding contracts to reflect a 30 -day termination period with no additional compen- sation. Due to the current litigation over landscaping, this particular phrasing was deemed necessary. Approval of the agreements by Council will: then establish landscape maintenance agreements with the agencies noted for services to May 311, 1985. Midori Gardens - City Parks Toyo Landscaping Co. - City Parkways Green's Gardening - City Facilities (includes City Hall & Montanez Adobe) Newport West Properties - Ortega Prop- erties' Parks & Parkways BOARDS/COMMISSION REVIEW AND RECOMMENDATION: Not applicable FINANCIAL CONSIDERATIONS: $5,538.83/mo 2,820.00/mo 885.00/mo 1,350.00/mo The monies required for this work have been partially budgeted for, however the additional amounts in excess of the original contract (Landscape West) will require a budget revision of approximately $20,000 to Public Works Maintenance Account No. 01-4440-213-510. -3 tea, i Landscape Maintenance Agreements -2- November 6, 1984 ALTERNATE ACTIONS 1. Approve the contract documents for landscape maintenance services. Approve a budget amendment in the amount of $20,000, and authorize staff to pursue cost recovery from the contractor. 2. Do not approve the documents. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the contract documents for landscape maintenance services. Approve a budget amendment in the amount of $20,000, and authorize staff to pursue cost recovery from the contractor. Respectfully submitted, W. D. Murphy WDM:CSF/rem attachments t). 0 Certificate of Insurance 41 The Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate and that this Certificate of Insurance does not amend, extend or otherwise alter the terms and conditions of insurance coverage contained in any policy or policies numbered and described below. Certificate Holders Name and Address: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 L J DESCRIPTIVE SCHEDULE This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Insurance in force only for hazards indicated by X "Should any of the above described policies be cancelled before the expiration date thereon the insurance company will endeavor to mail 10 days written notice to the above named Certificate Halder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company" This certificate is executed by Nalmnwide Mutual Insurance Company if said company has issued Date Certificate Issued 5/13/85 the policy to which this certificate is attached; it is executed by Nationwide Mutual Fire Insurance Company if said company has issued the policy to which this certificate is attached NATIONWIDE MUTUAL INSURANCE COMPANY Insured's Name and Address NATIONWIDE MUTUAL FIRE INSURANCE COMPANY rTOYO LANDSCAPING COMPANY 7 Columbus, Ohio 12891 Nelson Street 0� Garden Grove, CA 92642 "' s /L17 A4 Countersigned at. Iuthor¢Ai or ativ // L -i SANTA ANA CA FON AIf � U (714)436013 J. Davi POLICY POLICY LIMITS OF LIABILITY IN THOUSANDS (000) EFFECTIVE EXPIRATION EACH TYPE OF INSURANCE POLICY NUMBER DATE DATE OCURRENCE AGGREGATE GENERAL LIABILITY 1P Comprehensive Form 73 SM 004 137 2 5-10-85 5-10-86 Bodily Injury $ $ A] Premises—Operations g ` I :- Property Damage $ $ jp Explosion and Collapse Hazard �\ Bodily Injury and JQ Underground Hazard R.l Products/Completed Operations '`?�L Hazard ��' 4� t Property Damage $ 500, $ 500, Ip Contractual Insurance 8� �° 2 Combined Broad Form Pro R3party Damage .� °`ti %\%�` R7 Independent Contractors p� L CSP KI Personal Injury Spy °`� �? Personal Injury $ 500, R3 Broad Form Comprehensive G.L. Endorsement AUTOMOBILE LIABILITY Bodily Injury Al Comprehensive Form 73 BA 004 137 0001 5-10-85 5-10-86 (Each Person) $ jI Owned Bodily Injury P Hired (Each Accident) $ R] Non -Owned Property Damage $ Bodily Injury and Property Damage $ 500, Combined EXCESS LIABILITY Bodily injury and Nl Umbrella Form 73 CU 004 137 0003 5-10-85 5-10-86 Property Damage $1,000, $ 1,000, Combined WORKERS' COMPENSATION Statutory AND EMPLOYERS' LIABILITY Bodily In ry $ Policy Limit OTHER Additional Information of Work ... ..ALL. OPERATIONS. . ............ :[IDecription ................................................... ation of Work .......ALL. LOCAT.IONS............... Insurance in force only for hazards indicated by X "Should any of the above described policies be cancelled before the expiration date thereon the insurance company will endeavor to mail 10 days written notice to the above named Certificate Halder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company" This certificate is executed by Nalmnwide Mutual Insurance Company if said company has issued Date Certificate Issued 5/13/85 the policy to which this certificate is attached; it is executed by Nationwide Mutual Fire Insurance Company if said company has issued the policy to which this certificate is attached NATIONWIDE MUTUAL INSURANCE COMPANY Insured's Name and Address NATIONWIDE MUTUAL FIRE INSURANCE COMPANY rTOYO LANDSCAPING COMPANY 7 Columbus, Ohio 12891 Nelson Street 0� Garden Grove, CA 92642 "' s /L17 A4 Countersigned at. Iuthor¢Ai or ativ // L -i SANTA ANA CA FON AIf � U (714)436013 J. Davi Psl':■ IR'1 JU:FP HOLBERT INSURANCE, INC. 168 Del Mar San Clemente, Ca. 92672 INSURED TOYO LANDSCAPE COMPANY P 0 BOX 2367 Garden Grove, Ca. 92642 I ;SUE DATE (M THIS CERTIFICATE IS ISSUED AS A NATTER OF INFO RMATION ONLY AND CO , FERS NO RIGHTS UPON tiff CERTIFICATE HOLDER. THIS C :RTYFICAT I- DOES NOT ASI END, EXTEND OR ALTER" THE COVERAGI AFFORDED BY 'HE POLIC SES BELOW. LETTERY Bj (v,A) LETTCOMPANYR t o COMPANY D LETTER COMPANY ELETTER - =FORDING COVER'.AGE INDEMNITY _ AUTOMOBILE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMI :D ABOVE FOR T IE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WF'H RESPECT TO' JHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER AS, EXCLUSIONS, AND CC'NDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLIPY EFFECTIVE DATE (MMtDWM POLIO' EXPIRATION DATE (MMIODIVY) LL .BILITY LIMITS IN THOUSANDS EACH AGGREGATE OCCURRENCE-__ $ $ IN�,IUF f GENERAL X LIABILITY COMPREHENSIVE FORM BC 884-1157 5/7/84 5/7j85 X X PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROP PITY DAMA IE $ $ X (OTHER ALL OWNED AUTOS !OTHER THAN PASS. X PRODUCTS/COMPLETED OPERATIONS ( MRV PER AM am X CONTRACTUAL I8P1 CBAME QED $500, $500, X INDEPENDENT CONTRACTORS PROPS IIY DAMAC' $ 500, X BROAD FORM PROPERTY DAMAGE rPEF BI A, PC COMBR ED X PERSONAL INJURY SONAL INJURY $ _ AUTOMOBILE LIABILITY my INAW $ X ANY AUTO BC 884-1157 5/7/84 5/7/85 X ALL OWNED AUTOS (PRIV. PASS.) SMLY X (OTHER ALL OWNED AUTOS !OTHER THAN PASS. ( MRV PER AM am X HIRED AUTOS NON -OWNED AUTOS PROPS IIY DAMAC' $ 500, GARAGE LIABILITY $ BI A, PC COMBR ED EXCESS LIABILITY BC 884-1157 5/7/84 5/7/85 BIa PD$i, 000, UMBRELLA FORM $1,000, COMBIP ED OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION CJ 857-6271 8/1/84 8/1/85 STAT (TORY AND j ,(EACH ACCIDENT) 3 500 ,(O(SEASE-POLICY LIMIT) EMPLOYERS' LIABILITY 100, :.i (DISEASE -EACH EMPLOYEI OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHIOLES/SPECIAL ITEMS ALL OPERATIONS OF THE INSURED SUPERCEEDS CERTIFICATE ISSUED 11/30/84 ADDITIONAL INSURED: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - CITY OF SAN JUAN CAPISTRANO PIIIATION DATE THEREOF, THE 13SUING COMPANY WILL R*jtBGTRRXA MAIL _g0 DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NAMED TO THE 32400 Paseo Adelanto LEFT,mxxau3BExawaxuaaax>ouaE San Juan Capistrano, Ca. 92675 Ta6L8tacxo�a°ADAoo-3Ex�sceo4Lx3cA[aElloxa4ecAx°A�GiAAtRII�X aofca® KU; 1A PMOL%JCFR HOLBERT INSURANCE, INC. 168 Del Mar San Clemente, Ca. 92672 INSURED TOYO LANDSCAPE COMPANY P O BOX 2367 Garden Grove, Ca. 92642 11/30/84jm THIS CERTIFICATE IS ISSUED AS A HATTER OF INF( RMATION )NLY AND CO"FERS NO RIGHTS UPON' HE CERTIFICATI HOLDER. THIS C=RTIFICAI : DOES NOT A REND, EXTEND OR ALTEI THE COVERAGI AFFORDED BY 'HE POLK. ES BELOW. COMPANIES A TORDING COVEPAGE 'LE01�RNY A INDUSTRIAL INDEMNITY CO MPANY LEITER B COMPANY LETTER C COMPANY p LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO TF E INSURED NAM :D ABOVE FOR TIME POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE i DOCUMENT WI "H RESPECT TO 4HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY T14E POLICIIS DESCRIBED HEF EIN IS SUBJECT TO ALL THE TERIAS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. COPOUR TYPE OF INSURANCE POLICY NUMBER Y EFFECTIVE POLI E PIRATION LIf,BIUTY LIMITS IN THOUSANDS LTR DATE (MWD WY) DATE (MMNWYY) DCCE H AGGREGATE GENERAL LIABILITY BODILY $ $ A X COMPREHENSIVE FORM BC 894-1157 5/7/84 5/7/85 X PREMISES/OPERATIONS PROPERTY $ $ X UNDERGROUND DAM11c,E ION & COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS X cDNTRAcruu COMSf Eo $500, $ 500, X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY A ANY AUTO BC 884-1157 5/7/84 5/7/85 NMAY IPapww $ X ALL OWNED AUTOS (PRIV. PASS.) MY ALL OWNED AUTOS (OTHERTHAN RM =19M$ HIRED AUTOS PROPERTY NON -OWNED AUTOS DAMAG` $ GARAGE LIABILITY BI & ro OOME4n ED $500, EXCESS LIABILITY A UMBRELLA FORM BC 984-1157 5/7/84 5/7/85 BC18. HED $2, $2, GOO, GOO, OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY A CJ 857-6271 8/1/84 8/1/85 CCIDENT) AND (DISEASE.POLICY LIMIT) EMPLOYERS' LIABILITY 'S SOO $ (DISEASE -EACH EMPLOYEE) OTHER IV1� DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS ALL OPERATIONS OF THE INSURED ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, Ca. 92672 (41 T1 SHOULD ANY OF THE ABOVE DESCRIBIED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE 1113SUING COMPANY WILL30MO3MOQM$E MAIL -a4 --DAYS M UTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE