HomeMy WebLinkAbout14-183 Extension of Annual Streetscape Maintenance Contract FY 2014/15TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: JUNE 24, 2014
SUBJECT: EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE
CONTRACT FY 2014/15
Recommendations
Staff recommends that the City Council:
1. Approve a second year extension, July 1, 2014 to June 30, 2015, to the
Streetscape Maintenance Contract between the City of Lake Elsinore and Excel
Landscape in an amount not to exceed $175,000.
2. Any additional extensions be approved by the City Manager upon successful
annual review and recommendation by staff.
Background
The City Council established the Citywide Landscaping and Street Lighting
Maintenance District ( "Citywide LLMD ") in 1988 for the purpose of maintaining public
right -of -ways and public facilities in accordance with the Landscaping and Lighting Act
of 1972. The City of Lake Elsinore is responsible for maintaining the landscaping that
encompasses street right -of -way referred to in this report as "streetscape ". Because of
the volume of maintenance work this job entails, the City contracts with vendors.
Discussion
On July 23, 2013, City Council approved a one (1) year contract with Excel Landscape
for citywide landscape maintenance services. The contract includes provisions for three
annual extensions in an amount not to exceed $175,000 upon recommendation of staff
and City Council approval. The first year of the annual streetscape maintenance
contract with Excel Landscape will expire June 30, 2014. This past year Excel has
proven to be very responsive to the City's needs by providing comprehensive landscape
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGE
maintenance services. Excel Landscape has demonstrated that they have the City's
best interest in mind.
Fiscal Impact
Funding is allocated from the Citywide LLMD and LLMD No.1 and the Fire Departments
operating budget. The evaluation period will be FY 14/15 and subsequent reviews will
be in coordination with the City's budget cycle.
The projected Fiscal Year 14/15 cost is estimated at $175,000.00 as described below,
and each additional year is not to exceed $175,000.00 annually.
LLMD $ 147,000.00
LLMD No. 1 $ 15,900.00
Fire Department $ 8,400.00
Facility $ 3,700.00
$ 175,000.00
Prepared by: Rick De Santiago
Public Works Superintendent
Vince Damasse
Director of Public Works
Approved by: Grant Yates
City Manager
Attachments: First Amendment to Services Contract
Agreement
Exhibit "A" - Scope of Services
Exhibit "B" — Schedule of Charges
Exhibit "C" — Workers Compensation Insurance
Original Agreement
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGE 3
EXHIBIT `A' - SCOPE OF SERVICES
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGE
EXHIBIT `B' - SCHEDULE OF CHARGES
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24. 2014
PAGES
EXHIBIT `C' - WORKERS COMPENSATION INSURANCE
FIRST AMENDMENT TO SERVICES CONTRACT
This First Amendment to Services Contract (this Amendment) is made and
entered into as of the July 1st, 2014, by and between the City of Lake
Elsinore, a municipal corporation (the City ") and Excel Landscaping, Inc.
( "Contractor ").
RECITALS
A. City and Consultant have previously entered into that certain Services
Contractor, dated as of July 23, 2013 (the "Contract ").
NOW, THEREFORE, the parties amend the Contract as follows:
1. Section 2. Time of Performance. The services of Contractor shall be extended to
June 30, 2015 and may be extended for two (2) consecutive one -year extensions upon the
approval of the City Manager upon successful annual review and recommendation by staff.
2. Section 3. Compensation. Exhibit 'B' shall be replaced with the revised Bid
Schedule. Compensation not to exceed $175,000.
Each individual signing below represents and warrants that he /she has the authority
to execute this amendment on behalf of and bind the party he /she purports to represent.
IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement
to be executed on the date first written above.
CITY OF LAKE ELSINORE: CONTRACTOR:
Grant M. Yates, City Manager
APPROVED AS TO FORM
City Attorney
Excel Landscaping, Inc.
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGE
EXHIBIT `A' - SCOPE OF SERVICES
EXHIBIT "N'
SCOPE OF SERVICES
(INSERT)
LANDSCAPING FACILITIES:
Landscaping improvements include, but are not limited to: irrigation, .cultivation, ,installation and
replacement of plant material, tree trimming and other necessary suppliesi personnel, utility and
equipment costs; contract services where applicable; care and maintenance of approximately
fifteen (15) acres of lake beaches and levees,, :street trees and approicimately thirty -four (34)
acres of streetscapes within the public rli;; of-:way. , The City of ;Lake Elsinore landscaping
facilities include three (3) types of improvement areas which are described !below and are
shown in Figures 243 on the following pages:
1. Major Streets
2. Site Specific Landscaping Areas
3.. Tree Maintenance Areas
MAJOR STREETS
The Major Streets improvement area includes landscaping; on three types of. streets (Arterial;
Major, and Secondary) and'beaohes, levees and wetlands. The first two sets of streets are
defined as Arterial (110' wide) and Major Streets (100' wide) per the City of Lake Elsinore
General Plan 1992, and they are: Highway 74, Lakeshore Drive, Main Street, Riverside Drive,;
Robb Road, Grand Avenue, Mission 'Trail, Railroad Canyon Road Diamond Drive, Corydon
Street, Summerhill Drive from Railroad Canyon Road to Riverside Street, Tuscany Hills
Parkways, and Grape Street.
The third set of streets are - defined -as Secondary (8$' wide) per the City of Lake Elsinore
General Plan 1992, and they are: Machado Street from Grand Avenue to Lakeshore Drive;
Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from
Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln
Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to Shore Cliff Drive;
Chaney Street froth Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive
to Main Street, and Pottery Street from Main Street to Franklin Avenue.
Site Specific Landscaping Areas:
The Site Specific Landscaping Areas include nine (9) areas with specific local benefits due to
landscaping. They are as follows.
c Area "A landscaping along Machado Street at the Grand Avenue intersection
• Area 'B landscaping along Madison & Garfield Streets
Area "C "'- landscaping in Tract 19402
• Area "D" landscaping along Terra Cotta Road'
Area "E" - landscaping in Tract 1.0344 - Serenity
Citywide Landscaping
Area "G landscaping along east side of Maohado;Street between Lincoln Street and
Lakeshore Drive`
Area "H "- landscaping at Orange GroveWay
See appendix IV for site specific landscaping areas Figure 2 located in the Technical
Provisions appendix
NOTIFICATION OF RES
The Contractor shall no
language), at least ten i
institutions, postal servii
.stores, utilities and wast(
(7) working days
kPPLIES WHEN PUBLIC
son and with printed no
prior
It NOT ALLOW
in English and
The Contractor shall coordinate with the school district for pirk-up and drop -off of school
children, RTA the pick -up: drop�61`f of riders, w I service
for waste disposal collection, the postal service
to ensure delivery of mail, Arfol, churches for weekly crspedal. activities.,
The printed noftesand the :"NO PARKING" signs shall be fumishoolby the Contractor.
Full compensation for compliance the preceding requirements shallbe considered as being
included in the various Contract items in the bidrschedule and no additional compensation Will
be allowed therefore.
t LOBIILIZATIONI
Mobilization shall be in accordance with Subseo tion 9-3.4 "Mobilization;' of the Standard
$0etificationg, and these soecial. orovisiOrls.
No additional compensation will be allowed for additional mobilizations required, including but
not limited to, delays caused by therelocatlon of existing utility facilities 8hoWn,oh the plains or
discovered during construction operations.
The deletion of work or the addition of extra work as provided for herein shall not affect the price
paid for MQbilizati
ton.
1mvpYr
allowe;
TRAFF
Traffic,
N
and"conVenlence: of traffic and the public during construction.
In the event of conflict; t1hi
t; Special Provisions
2- TrafficiControl Plans
edition as
.-:)epiemDer zo,. zuuo,
4-1 Work Area Traffic Control Handbook. (WATCH
5, Standard Specifications
Traffic Control, shall be in accordance with the foilowing:8pe6lal�P.ro.vislohs,,-
EL The contractor shalLobtain and pay for an encroachment permit'fronj Calitrans for
lane c(osures on the exit ramps 6rWitton Cailtrons,kight od,Way. _The City
reimburse the contractor for the cost of the permit only. The contractor isqu
. re j d
jire .
to supply the traffic control plan and i , subm t the traffic control plan. to Caltrans for
approval'.
bl.
than fourteen (14) calendar days prior to the scheduled commencement of work.
Comments and corrections shelf be returned to the Contractor within five (5) working
days. The Traffic Control Plans shelf conform to the requirements listed in these
Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; .the Work
Area Traffic control Handbook; and the Standard Specifications.,
cf,:
e. The Con
Contractor shall furnish bfnd install; construct, erect use and continuously
inspect and maintain, twenty-four (24), hours per -day, sevem (I) :Aays per week,' which
Includes holidays, all said devicesi �equipment, and. � Materials. and all temporary and
permanent holidays, and -drivi I rig - surfaces as necessary to provide for the safety and
-an o properly I warn, Dl,.rag I ulate, ch , ann I eliza� and protect
,convenience of d t I tvarn,. guide_con h
the . ve I H60
convenience
traffic, pedestrian traffi c; , c; project workers, and the 6: Public throughout the
entire limits of the work activity and beyond said limits as "necessary to include areas
affecting or affected by the work from the date of Notice, to Premed to the cdmpfetion
and acceptance .of the work.
11
t High -level warning devices (telescoping yflag tress) are required at all times for work
being performed within the ro4dwayunless otherwise spooifically approved, by the
'Engineer.
AD
h. Ty
rye Ill barricades. no less than 1.83 mAI in lenath andedulDoacl with two (2),TYPe "N'
'if b '1'
limited to the hours between 8:30.a.m. and 3:30 p.m. Said barricades shat e placed
across the:#ull roadway at each point of closprewit with distance between barricades, or
between;barricades roadway curbs,: -not exceeding 914 rqM (3 e xc i , pt that One (11 13 M
(11') wide gap between, barricades , 0 ;; 1h. , 1, 1
ji W shall, be. provided at the center of the street,
Barricades to " the right of the street's ; center,Jacing the inbound,ve vehicular traffio,.shall
also be equipped with one (1) R11 -2, 'Road Closed" sign, one (1) R11-4, "Road Closed
toThruTraffic," sign; and a Type P warning sign.
U Channelizes shall be surface mounted type and shall be furnished, placed and
.maintained at the locations shown on the Plans or as approved by the, Engineer, and
shalFconform to the.provislons in Subsection 12 -100 " approved of the !State of
California Standard Specifications and these Special Provisions,
When no longer required for the work as determined by the Engineer, channelizes
(except channelizes to be left in piece), and underlying adhesive used to cement the
channelizes bases to the pavement, shall be removed. Removed channelizes and
adhesive shall become the' property of the Contractor and shall) be removed from the site
of work,
j. Refiectorized (both sides) temporary self - adhesive markers, 100mm (4in) wide, shall be
applied to un= striped'; pavement surface before opening the {ravel way to public traffic.
Reflectorized temporary yellow markers shalt be, used for to delineate the centerline to
separate apposing traffic. Reflectodzed temporary`whjte markers shall be'used to
The reflectorized temporary markers shall -be removed the same day, the first coat of
striping has been placed.on the - pavement: The removal of the markers shall be done
such a way that the pavement is not: damaged
k. , Except as otherwise - approved by the Engineer, two -way vehicular traffic shall -be
maintained at all "times within two (2) 3.36 (11') Wide;iaries on stfeets having aAeffective
roatlway width of 13.4, m .(44') or more with restricted parking.; Other streets of lesser
widths maybe reduc @d to one (1) 3.6 (12')'wide land with Ow
ay being limited to
one side
at a time, and the .ono -Way vehicular traffic being maintained at all Imes by
properly trained and experienced flaggers. All lane, closures shall have flashing arrow
signs to provide additional, higha eve t, advanced warning,:
No reduction of the traveled way width shall be permitted on any City street before 8:30
a.m. or after 3:30 p.m., on.weekends or holidays, or when active: work is not being done;
unless otherwise approved by the. Engineer:
I. Properly trained and experenced alaggers shall be provided to direct traffic when said
m
other such times as N
and when so directed
m. Vehicular access to at
than holidays, betweel
is :taking place only ul
the property ?owner or
notice.
n. Vehicular access to business, school and church driveways shall be maintained at all
times during construction.
o; Traffic control and safety devices and equipment being used that becomes damaged,
destroyed faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or
stolen shall be promptly repaired, refurbished, �r xeplaced, Traffic control and safety
devices and equipment being; used, that is displaced or not in an upright position from
any cause; shall be promptly returned or restored to their proper position.
P. An unobstructed view of all signs and warning devices including, but not limited to, stop
signs, stop ahead signs, street name: signs, and other regulatory; warning and
construction signs, markers', and warning; devices shall be maintained at all times. All
Speed limit signs shall be black on white with sighs at either end of the project nctifying;
the motoring public that ones' are doubled in cortstrudtaon zones. No trucks orother
equipment or materials shall be stopped, parked, or, otherwise placed so as to obscure
said signs; markers and devices from the view of he vehicular and pedestrian traffic to
Which it applies.
q;
When entering Qr.leavingi roadways carrying public, traffic, the Contractor's equipment,
whether empty or loaded, shall yield to said public traffic at all times, except where the
traffic is being controlled by. police officers; fire officers, properly trained and experienced
Nggers, or at traffic signaized intersections,
r
s. On projects involving work on; closure of, or partial closure of existing streets, and where
vehicular'- access to the. abutting property must be restricted, the work shall be so
selected, arranged and scheduled that the person(s) requlnng access _to said abutting
property and residents along -said streets affecked Will be-,able to park within a
reasonable distance of not more than 150m (500'), from their homes or destination., In
addition, no two adjoining streets shall be:closed at fhe sam641me, except as otherwise
approved by the Engineer. Residents must be givenwritten notice of such restrictions;a:
m I in imum of 48 hours in advance.
t. When work has been completed on a particular street or has been, suspended or
rescheduled, and said street is to be opened to' vehicular traffic, ail equipment,. "NO
PARKING" signs, other -obstructions, and unnecessary traffic control devices and
equipment shall be promptly removed from that street; except as otherwise approved by
the Engineer.
M ' Should the Contractor be neglectful, negligent, or refuse, fall, or otherwise be
unavailable<to promptly, satisfactorily, and ;fuliy'comply with the provisions specified and
referred to herein above, the City reserves the right sto corrects or mitigate any situation,
Wet in the sole opinion of the Engineer, constitutes a serious deficiency or serious case
of noncompliance, by any means at: its disposal at the Contractor's: or permittee's
expense, and shall deduct the cost therefore from the Contractor's progress or final
payments. Such corrective action taken by the City shall not reduce or abrogate the
Contractor's legal obligations and liability for proper traffic control and safety measures
and shall not, serve to transfer.said obligations and liabilities; from the Contractor to the
City or the City's agents:
V, Violations ;of any of the above Provisions or provisions of the referenced publi
unless promptly and eornpletely <corrected to the satisfaction of the FEngineer, steal
sole discretion of,the City, be grounds forltermination of the Contract, or shut c
partial shut down of the work, without compensatiorrto the Contractor or permi
liability to the City, all as prescribed by contractual obligation or State law, whicl
applicable.
DUST CONTROL'
'Dust control shall the performed J, n accordance with -Subsection 7 -11.1, "Clean up and Rust
Control;', of the Standard - Specifications, South Coast Air Quality Management District
(SCAQMD) Rule dD3, the genetal. Provisions and the followirig Provision.
Water for use in dust control 'shall, at the option of the Contractor, be potable or non- potable.
Non- potable water -shall consist of reclaimed wastewater orison- potable water developed from
other sources.
If the Contractor uses 1reclaim.ed waste water in the work, the sources and discharge of
reclaimed waste 'water shall meet the California Department of Health Services Water
Criteria and the Regional Water Quality; Control Boa
all
;obtain either a waste water discharge permit or a w
Control Board Copies of permits or waivers from the
GENERAL LAN_ DSCAPE MAINTENANCE SPECIFICATIONS
This specificationestablishes the standards for the maintenance oftbe landsc p Wed I
e, . , areas for the
City of Lake Elsinore
The Contracter's primary responsibility will 1pe.to maintain, the landscppe areas at the highest
(municipal) industry standards by integrating innovative and progressive techniques and to
follow, the objectives as set forth in these specifications. Any instance of damage shall be
reported immediately to City'Staff.
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills
required to perform the landscape mai ritenance as set forth in this specification and in keeping
with ,tkahighesf standards of,4ullity. and p6rf6rm'ance,
Irrigation, maintenance -s , hall include Inspections, operation of the systems,, adjustments, repairs,
modifications, improvements,: testing, analysis, and other work as neeoed,
The Contractor Will submit A MaintenanIce Schedule which incit(des, but is not limited Un minor
tree pruning, aeration, thatching, insecticides/herbicide . application, and :application I of all
fertilization of trees; shrubs, ground cover and tulf bi annually.
TREES
A. Oeneral Tree. Maintenance
The Contractor shall be responsible for the general tree maintenance in the specific landscape. .
areas including; trimming and pruning, adequate watering, `fertilizing, staking; removal of fallen
leaves and branches, removing suckers, raising suckers, raising skirt's and protection against
pokt$-
13,, Pr`unIna
1. All trees are included in required trimming operations. The Contractor shall not big
responsible'l[br anytrim.n.ling operations above (12').twellve feet.
Z
3. Tree pruning shall be performed based on the following cate i
gqrles with the intentof
developing structurally. sound trees symmetneal in appeartnceVith the proper I I vertical
I c
and horizontal clearance. Ali pruning, and trimming :operations shall be in
accordance with ISA Standards,
a. All trees shall be trimmed, shaped and thinned at least once per year.
i
b. All dead and rdamaged branches and limbs shall be removed at the point of
breaking at the;time breakage occurs.
c. All trees shay be trimmed =and shaped to provide a symmetrical appearance typical
of the species.
d, All suckers and sprouts shall be, cut flush with the trunk or limbs.
e. All structural weaknesses such as split crotch or limbs, or severe damage shall, be
reported to Clty Representative.
f. Prune trees ,along sidewalks to allow. eight ( &) :foot clearance for pedestrians and
twelve (12).1`6641 above curb, gutters and streets for. vehicular traffic:
g. Signs/lights shall be kept clear at all times.
h. Under no circumstances will stripping of lower brandies be permitted. Lower
'branches shall be retained in a "tipped' back" or pinched condition,,
4. iSpecial emphasis shalt be placed upon public safety during pruning operations,
particularlywhen adjacent to roadways;
5. All trimmings and debris shall be removed and disposed of oft site at the end of each
work day.
C. Fertilization
1. Ailjng oc stunted trees, which' fail to meet expected growth, will receive additional`
treatments to correct deficiencies.
Z. Contractor shall be responsibte for applying all insecticides /fungicides to prevent or
control diseases.
D. Staging and Wria
1. Trees that shall be staked fall into these categories. (at contractor's expense):'
;a. Replacement of missing or damaged stakes, where the tree diameter is less than
three inches.
b, In those cases where tree has been darnagetl and requires staking for support..
c, For new trees or recently plahted trees that have' not previously been staked.
2. Coritractor shall use WIT" twist brace ties and /or cinch ties (4 cinch ties pertree),
3. Ties shall be placed and checked regularly to avoid girdling and damago to trees and so
that no chaffing of the bark occurs.
4. Contractor shall use scaffold staking where applicable.
5. New and replacement ties and stakes shall be the responsibility of the Contractor at no
additional costlo the City,
E. Tree Removal
All dead -trees, or
removed and dispo
grade with wood
negligence of the
tinhP.Alffiv frnoQ Will
ineretore.
i which are doo
of off -site by th(
raked level to
actor will be rer
ile. Trees
at the cc
r unnatural causes, shall be
shall be
ground-to 12" below
ave,died due tp. mistake or
3. expense. All other dead or
used
SHRUB,MAINTENANCE
A. Pruning
1. Shrubs hrubs shall be. pruned as required for 'safety, Ifemoval of broken and diseased
branches, general containment and appearanae, and to allow for Oftmal irrigation
coverage.
2, Keep shrubs pruned back from all controller Units, Valve boxes, quick couplers, or other
appurtenances or fixtures,
4. Prune shrubs to retain as much of the natural informal appearances as possible,
consistentwith intended an ad use.
5. Shrubs used as formal badges or screens shall be e-proned as required to present a neat
appearance,
i
I
6. Remove any spent blossoms or dead flower stalks as required to present a neat
appearances
7. Shrubs and mounding shall not exceed 2 teet in height within areas required for vehicle
sight distance depending upon roadway; topography.
B. Pruning Schedule
Shrubs shall be: pruned and trimmed as needed or as requested by the City Representative:
Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be
maintained within the limits of confined areas (i.e;, narrow medians, walkways, etc.) so as not to
encroach on same.
In addition, all shrubs shall be trimmed to maintain horizontal clearance along: all walkways and
trails to prevent: encroachment onto private property and to remove dead, damaged or diseased
plant material,
C. Shrubbery. Replacement
nt ahr, ihhar'v lncf
Ril other dead or unhealthy, plants whether natural or unnatural causes will`be replaced upon
written :apprdval of the City. In this case the contractor shall provide labor and the approved
plant; The City will reimburse for the plant material only. Replacement of shrubs will be in
accordance with the City, of Lake Elsinore Standard Plans.
D. Fertilization
r-
Contractor shall use a balanced fertilizer in shrub areas as requested,, in the frequency, schedule
or as directed by City maintenance staff.
E. Cultivation andRUlchina
The Contractor shall cultivate around shrub areas and tree wells sufficiently and often enough to:
maintain a weed free environment and maintain existing irrigation and drainageditches.'Mulch
is also required to be applied in alt open dirt areas and/or around +frees as..required by the
F, Irrigation tDeemSoakinat
Deep Soaking shall be defined as the application of sufficient quantities of water to maintain
reasonable health, vigor of plants. Basin modifications may be required. Quantities of water`
shall be sufficien# :to allow forrdeep water penetration and encouragement of deep rooting of the
plants.
VINES
A. General'"
1, Vines and espalier plants shall be checked and retied as required. Secure vines with
appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines, on masonry walls.
Pruning of Vines will be in accordance with good horticulture practices
4. Vines shall, be trimmed as required for safety, disease, general containment, appearance
or as directed by City Representative.
GROUND COYER?
A. General.
1. 'Trim ground cover adjacent to walks, walls and /or fences as required forgeneral
containment to present a neat, clean appearance. ,
2. Cultivate :and /or spray approved herbicide to remove broad - leafed and grass weeds as
required. Remove weeds by chemical or mechanical means as approved by City
Representative.
3. Prevent soil compactiomby cultivating regularly all ground cover 'areas,
4. Every effort shall be made to remove litter from all areas on a regular basis and not;less
than once per week.
5. Keep grouird cover trimmed back from all controller units, valve boxes, quick couplers,
or other appurtenances or fixtures. Do not allow ground pover to grow up the trunk of
trees, into shrubs, on structures:or wails uhless directed by City Representative. Keep
trimmed back approximately 4 inches fromi- structure or walls. '
6. Bare soil area shall be cultivated a minimum of once per month and /or mulched as
directed by City Representative (mu(ch will be supplied or'paidtor by the City).
PLANT`ADDITIONS AND /OR`REPLAGEMENTS
As part of this agreement, the Contractor may be requested to replace damaged or destroyed
trees, shrubs, vines, ground. cover, or flowers. Such work: will be paid for as,extra work by the
to Contractor's neglect. This will be determine
GUARANTEE ANDTOR REPLACEMENT PC
or vandalism, theft, or e
Existing plants shall be
contractors expense:.
.TURFGRASS
.A; 'General
City Representative.
all be guaranteed for a period of one calendar
death of plant material due to wind or storm,
•F #ho hx nn MM,n i
1. Watering:
A regular, deep watering program shall be accomplished to give the best results. The
established turf should not be kept ,moist but should dry , out somewhat between
watering. Allow turf to dry out before mowing.
2. Aerationy' _
'when top dressing is required, the Contractor shalt'submit a fegl
must be approved by City Representative before work is sehedu
aerator with % inch tines, Any areas that show excessive Corti
receive aaaitionai treatment as. required to aueviate: tins conamon.:memove . sq
The scheduling of aeration will be, recorded on the Maintenance Schedule and
performed'as needed or as requested by i.Gity representative.
, ;h?lawing:l<
4. Trimming and Edging:
Trim around walls, buildings, curbs,' sidewalks, header, boards, valve boxes, quick
couplers, and oaved areas on a weekly 'basis to present -a neat, clean appearance,
anything other than tree wells unless directed`.othenvise otherwise .-in. Wnting by" a
Representative.
6. Refurbishment of Turf grass:
Contractor shall maintain a weed free turf . at all times by either chemical and /or
mechanical means. Pre- emergent herbicide application shall be required to control
crabgrass; in all turf areas: The Contractor shall: be especially careful if applying_
chemicals. to control weeds because, of possible damage- to the turfs: Before Such
applications are made the turf should be well established and in a vigorous growth
condition. All chemicals applied will be recorded and coordinated .with City
Representative,
T. String Trimmers:
Care shall be exercised With-regard to the use of weed eaters to prevent, damage to
building surface, walls, header board, light. fixtures, signage, :etc. No weed eaters shalt
be used around trees.
8, Fertilizing:
Turf shall be fertilized a minimum four (4).times annually, additional application to ,be
applied as directed bytthe'city to maintain deep green color afaii times. The rate of each
appiication:shall be of :lb. actual N /1000,sq; ft. NOTE: Fertilizer shall be equal to or the
same as the following: Best ".Turf Supreme" 16 -6 -8 during spring and summer season
and Nitra King 22 -3-9 during ':winter season. City staff to verify, product type ">and
quantities prior to application,
FERTILIZATION.:
A.. Scheduling
The application of all` fertilizers shall be recorded •_and specifically identified on the
Landscape Maintenance Schedula chart indicating the .,fertilizer used and frequency
applied to (ie., tud, trees, shrubs; ground cover, etc.)::
B. General:
Fertilizers shall be organic, dry, palletized formulation Applications shall be in
accordance with manufacturer specifications upon approval by City Representative,
C., Method of Abptication
fnmaking application - -of fertilizer4granules, precautions shall be taken to oontain these.
use
appucauon.!t-emnzersnalt pe.applted at manutacturer's recommended rate.
n. ' Timino of Application
When climatic factors cause problems with the general use of for an adjustment
of the fertilizers schedule may be necessary, After fertilizer application, monitor watering
schedule to eliminate runoff or leaching of fertilizer materials.
E. Trees and Shrubs
Agriform 21 gram plant tablets shall be applied to trees and shrubs that ;require
supplemental feeding. Annual fall feeding shall be done in accordance with the rate
indicated by the manufacture.. Place tablets 4 to 6 inches deep at drip zone areas by
using a soil probe to make a hole for inserting tablets, water in well. -If the. above
fertilization does not correct iron chlorosis, contractor shall be. required to treat trees
and /or shrubs with deep root feeding and/or foliar application until the problem is solved,
Contractor must provide proper application rate of the iC.Jty specified fertilizer,to turf, trees;,
shrubs ground cover and otf er various'piant material within eagh:area
IRRIGATION
A. General
The controlling factor in the performance of water management withimthe City landscape
maintenance areas is the. application of waterto. landscape plants, at a rate that closely
matches the actual demands dCplant material with little or no= funoff, Roadway safety
onr! m�infnri�nna ic, }ho fire} onii fnrumnei: raacnn tiiihu uIA4P1!'.'1'Y111Ct {7P CTrI[`.tIV COntrnliP.(t
B. .Efficient Use of Water
1. The water schedule will be established and programmed by the Contractors landscape
maintenance supervisor andlorirrigator tedhnician. Sprinklervtiming.wili be based on the
amount the planting areas are capable of receivmg'to restore that which is lost through
evapotranspiration without excessive runoff, The irrigation system schedule shall be
monitored and adjusted acoordiogiy to maintain aniefficient use of water being applied
and to stay, within the , conservation schedule as determined by the water district.:
2., All field satellite controllers shall be adjusted by the Contractor in the field to
accommodate field . conditions< as observed. The .Contractor shall, provide > field
observation reports to ;the City: In general,{he Gontrector shall -. notify the City in writing of
and
Contractor will be expected to use minimal amount of water in all anaas, but maintain
plant material in a healthy, vigorous condition,
4, Where moisture- sensing devices are used; a continual monitoring Willbelmaide to assure
units are functioning properly. If a malfunction is noted, the City. Representative will be
notified.
C. MaintehCnce
1. 'Cohttactovwill submit .toCity Representative a..hard copy andtbria digital copy of the,
irrigation schedule for each controller. Any program changes shall be reported in the
same manner.
2; Contractor is responsible for all; irrigation repairs both major and minor.
3.
4. Contractor shall beresponsible for adjusting height of sprinkl.ers and risers .as.npoesssiry
to compensate for growth of plant material,
6, Work. I performed by the Contractor and paid for as extra work,; Work will be
guaranteod Jor a period of one year'.
6, Automatic icontrollers Will be Kept locked at all times., City Representative will have
master to all controllers. The City shalViprovide locks .for iltirigation enclosures.
However, it is the oontractors-iresporisibility to .replace locks ag-needed-with a -City,
approved lock,
a
will be physically observed a:
�result in
greatest potential runoff
nca.TorTeitUre Tr,OM payment.
for
9. Contrattor,shall turn off all controllers when it is unnecessary to irrigate due to adequate,
rainfall.- Systern, shall not be off more than two (2) weeks mithout,allowing operating a
X.,minimal time. During these times al physical observation is not required. Failure I I o turn
off the irrigation controllers shall result in a $100.00, per occurrence forfeiture from
:payment.
10. Contractor will adjustor clean as necessary all sprinkler heads, quick couplers, orvalves
to.mntinue operation at maximum efficiency and performance.
11,Sprinkler heads shall be kept clear of overgrowth, which may obstruct t Maximum
operations. Chemical edging around turf heads Will not be perrhil:ted.
12, Contractor will avoid manual activation of automatic valves.;.
13 Contractor shall keep sprinkler heads adjusted at all
recommended operdting,.piressures; This shall be accomplisl
pressure gauging. At all times, the Valves should be adjust
of system
14. Contractor will be responsible-for hand watering any areas: not provided with an
system or areas under construction or as directed by a City representafli
additional cost, Contractor shall be responsible ,to hand water any area
equipment is temporarily out of service, for whatever reason.
15. In those areas. Where a d
-rip/watersaver system Is used :or areas chosen by the
Qontrdctor will be reqUirbd to hope off or wash .clust(sopt or spider :webs;
materials bi-weekly or more often if required to prevent plant damage.
D. :Materials
1, All roplacerilent Materials shall be of the same manufacturer an
equipment installed;: unless , City Represent6jive.approves a iubsti
2. Contractor: hall maintain an adequate inventory of medium to high
n system;
di type as the original
tuts in writing.
.u$agp.sjock items for
ve warranties, and no
4. Contractor shall provide labor and any and all products necessary for repairs, City will
.reimburse, the:Contractor.for cost of 4pproved parts replacement only,,.
5. All materials are to be new and identical to rexisting materials, wrileist directed
otherwise by the City: representative.
6. tol
The City reserves . the right - to purchase imaterials directly and .make ;available to the
Contractor. . ....
E. Invoicing
For invoicing extra work; shall be in accordance with the General Provision , , Section 3 -3 "Ektra
Work'
J. Reflect actual reguirements'of soil and, plants.
g. Eliminate runoff onto streets; sidewalks, and other non-target areas,
Provide sufficient time for soil twdry aut- between- jrrlgatfons:
F, K46ximize community use of City property.
5, In determining rates of application, soil type, topography, and weather cohdifion wl
taken into consideration. The project is equipped with 'an ::automatic 6system
G. Personnel. ._
1. The Contractor shall provide personnel fully trained it ail phases of landscape in
wlm an Draw$ ana moaels of irrigation equipment used within the City.
2. The Contractor shall provide ,personnel knowiedgeoWe of, 'and proficient in, current.
water management concepts, with the capability' of working with ,City staff in
implementing more advanced water management strategies,
3. The Contractor shall Drovide nersonnel nanahle of vprhal'and written enmmnniratinn in a
WErzibMAINTENANCE,
1, Weeds must be removed upon I Selective Post emergence Herbicides shall
be used to kill, weeds- without - permanent I injury to other plants. Do not proceed with.a
treatment except as recommended by a Pest Control Advisor in writing with, a copy
forwarded to City Staff prior to treatment.
a. - AllcreopInR,grassosi shell be. kept out ,ofshrubs and groundoovers,
o q e
b. Broadleaf weeds in turf shall he removed selepively, without injury to the la wn
gross other than slight, temporary discoloration.
c. Grass weeds In lawns shall be controlled with selective post- emergence herbicides,
2. Weeds not killed With herbicides shall be removed manually. Turf and other desirable
;plants killed by weeds, chemicals, etc., ;.shall be replaced at the Contractor% expense. All,
lvtlllSwl.q! I U, I "Ll I.0
kRDSCAPE
A. All hardscapes such as,, but not
water. I All concrete Y' drains to include the , portion u . nder the sidewalk -shall I -be kept free of
vegetation, debris, and ailgaeld allow unrestricted water flow.:
B. All other drainage facilities shall be,. cleaned of ' all vegetation and .debri I debris, All g'(ates,:sha1j: be,
-tested I ,-fbtseao -1 r 11 a I fa 1. ste I nad asnace Miss n or darn,a grates :sh al I be
rityaqq� I - I . nary—... J.9 gel
reported to City-Staff immediately
,CLEANUP'
A. At no time will It be allowed to blow grass cuttingsidebris into public streets or. gutters .without
13', Contractor shall I remove all debris resulting I from the maintenance operations and dispose of
it oMsite at the City Maintenance Trash Yard: located. at 621 North Langstaff St. at the time
of occurrence;
C. All grass clippings shall be picked up after,pach mowing or trimming operation. Use of
mulching mowers must be approved by the City. If the use of mulching mower is approved;;
all visible clippings must be removed in accordance with this specification.
D. All debris resulting from any of the Contraotors operations shall be. removed and disposed
of and of the work day, (Failure to remove and dispose of debris shall result in $140.00
forfeiture from payment); All debris must be separated into green Waste, recyelables, and
other waste to minimize'- contamination: and be disposed of in the appropriate locations
(Failure to separate and dispose of debris appropriately shall result in $100.00 forfeiture .
from payment)
E. All walkways /sidewalks will be kept caw/clear or debris and plant growth. Care shall be
taken not to create unnecessary hazards to-foot or wheelchair traffic during maintenance
operations;
F, All shrub areas not interplanted with ground +cover will be raked clean a minimum of.once a
week or as directed by the City Representative;
CC
W. All leaves, paper, and debris shall be removed from landscaped=areas and disposed of o
site weekly or as determined by-,the City Representative.
DRESS. CODE AND APPEARANCE
neat and clean appearance of perso
company name and must have a
conditions
....
EXTRA tiYORtC
In the event the Contractor's;required by the City to perform extra work;, the following procedure;
shall govern such work:
A. Work will be executed under the direction of the City Representative, on a time and materials,
basis or an agreed lump sum price depending on the nature of Ahemork.
B. When required by the City Representative or maintenance supervisor, a written estimate of
cost will be Submitted
; for approval and issuance of a purchase order prior to work being
done. The Contractor shall maintain records sufficient to distinguish the direct cost of other
operations. He or she -shall furnish reports of extra work on forms furnished by the
contractor, itemizing all costs for labor, materials, and equipment. The report shall include,
hours worked.
C. The following procedure will govern such extra work,.
a. City wilt issue a written request for such extra work that is to be performed.
b. Material cost shall be actual cost of materials purchased by the Contractor and:us.d
for the extra work. Contractor to provide City receipts forall material purchased for
extra work. All material paid for by the City but: not utiilzed by the contractor in the
extra work shall become the property of the Pity unless the contractor reimburses:.
the City for the material not incorporated.
Q. Extra work must be approved by City Representative] n writing.
d. Invoices for extra work :must have the approved written request/work order !form
attached when submitting. invoices for payment and support opoumentation in
Section 3 -3.
PROJECT ISITE INSPECTION
Uaon request, the Contractor or his or her representatives will walk the project with the City
�Mepre$enIaTIVeS'.TOr In a purpose oT ASSermining compuariyo-wim 111V aynuuuzuv.,T�;w w H!a�uga:
required' work. Contractor representatives must• be authorized to sign documents that effect
changes to job.
GENERAL TRASH AND LITTER MAINTENANCE:
A. General (applies to all landscape areas).
a. All animal feces -or other materials detrimental to human health shall be removed
from:the general areas in a- weekly basis.
b. All broken glass and sharp objects shall be removed whenever service is provided;
or per request.
P. All paper and debris shall be removed from the service area and disposed of atthe
City's Maintenance yard located at 521 North Langstaff St.
d. Trashcans provided by the City shot II be emptied whenever servige is provided and
washed (when requested by the City Inspector). Contractor shall provide at
minimum 37'X46" 16 micron plastic liners for all trash cans at. the contractor's
expense, All lids must be wiped clean at time of services_ or as requested by City
Staff:
B, Main St (downtown area) shall require daily service. Service shall require but is not limited to
once daily removal of any trash, debris, leaves or branches.
SAFETY
Contractor shall be responsible ` for providing a safe work p
satety orders (COTS), and any other applicable government law or City Risk Management_
standards.
LEVEL OF MAINTENANCE"
A. All work shall :be performed to the Highest standards set' forth by the City of Lake Elsinore,
so as to maintain anaesthetic appearance. acceptable to the, City.
B, The contractor shall provide a foreperson and maintenance.crew at the sites weekly during
normal working hours as determined by the City.. All of the. contractor'sr maihtenance'
personnel shall be supervised; by a qualified foreperson capable; of effectively'
communicatingwith City personnel:
C, The contractor, or his: or her representative, shall meet With the >Public Works
Superintendent or his or 'her representative on a weakly basis an at such iothec times. as
may be required by the City to review the performance of the agreement and to discuss any
Problems ormatters as determined by the City.
DEFICIENT PERFORMANCE-
performance shall be
a
required to correct deficiencies within the time specified by the City.
LIQUIDATED DAMAGES
Failure of contractor, to, perform 'the services within the time allowed will result in damages
br U VALIUni -ry unttewt to nx=tne aetuai= gamages it any; tnat c,ny;may incur as a result. ot=
contractors failure to perform the ,following obligations within the stated time period after
receiving notice of-the deficiency from the City.
A. Major irrigation problems within eighti(8) hours
, Other irrigation problems' Within twenty -four ,(24) hours (including controller program'
adjustments, reports and schedules);
C. Re- staking of trees within. twenty-four °(24) hours,
D. Failure- to remove and dispose of debris generated by regular maintenance operations;,
with twenty- four:(24) hours:
E. Failure to remove and dispose of debris including tumbleweeds from wind or normal litter
accumulation,' within twenty -four (24 hours.
F. Failure to provide weekly irrigation observation report, within. twenty -four (24) hours of the
first working day of the following .week.
G. Failure to submit a monthly water meter report with twenty -four (24) hours of the first>
working day of the month.
H. All other deficiencies within fort y -eight (48) hours.
For each failure to perform the foregoing obligations within the time specified after receiving,
notice, the contractor shall :pay the City, or have withheld from monies due, the sum of Ow
Hundred Dollars ($100) per day, per cccurrence..
For each faiture of an employee to wear a uniform or a safety vest per occurrence to perform;
the foregoing obligations within the time specified after receiving notice, the :contractor shall
pay the City; or have withheld from monies due, the, sum of One Hundred Dollars j$100)
per day, per. occurrence:
Execution of this Agreement :shail constitute agreement by the City and the contractor that $100
per day; per occurrence is the minimum value of all costs and actual damages caused by the
failure of Contractorto comply with the foregoing obligations. Such sum is liquidated damages',.
and shall not be construed as a penalty, and may be deducted from payments due the
contractor.
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGE 4
EXHIBIT `B' - SCHEDULE OF CHARGES
CITY OF LAKE ELSINORE
BIDDER'S PROPOSAL - BID SCHEDULE
PROJECT NO. LLMD
ANNUAL STREETSCAPE MAINTENANCE PROGRAM
FY 14/15
BIDDER: Excel Landscape Inc.
(Contractor Name)
BASE BID ITEMS AS FOLLOWS:
ITEM
NO.
CODE
DESCRIPTION OF ITEMS
ESTIMATED
QUANTITY
MONTHLY
PRICE
(FIGURES)
ANNUAL
COST
(FIGURES)
1
Area A - Grand Ave at Machado St
5,212
S.F
$200.00
$2400.00
2
Area B - Madison St at Taylor Ct
8,158
S.F
$200.00
$2400.00
3
Area B - Garfield St at Cleveland Ct
5,056
S.F
$ 50.00
$ 600.00
4
Area C - Lincoln St at Machado St
6,984
S.F
$150.00
$1800.00
5
Area D - Terra Cotta Rd
6,612
S.F
$100.00
$1200.00
6
Area E - Serenity (Corydon St at
Palomar Rd)
6,696
S.F
$100.00
$1200.00
7
Summerhill Dr - Medians - Canyon
Estates Dr to Canyon Ridge Dr
9,100
S.F
$100.00
$1200.00
8
Summerhill Dr- Parkway
31,675
S.F
$400.00
$4800.00
9
Summerhill Dr - Slopes
63,542
S.F
$400.00
$4800.00
10
Area G - Machado St at Lincoln St
2,626
S.F
$ 50.00
$ 600.00
11
Area G - Machado St at Monterey St
2,592
S.F
$ 50.00
$ 600.00
12
Area H - Orange Grove Way
9,338
S.F
$300.00
$3600.00
13
Area H - Lake St
5,977
S.F
$150.00
$1800.00
14
Median Island at In -n -out
234
S.F
$ 50.00
$ 600.00
15
Grand Ave at Lincoln St Slopes
156,580
S.F
$600.00
$7200.00
16
Grand Ave at Lincoln St Streetscapes
213,225
S.F
$1000.00
$12000.00
17
Grand Ave at Lincoln St Monuments
1,200
S.F
$200.00
$2400.00
18
131 Channel Sidewalk at Grand Ave
5,212
S.F
$ 50.00
$ 600.00
19
Lincoln St - Grand to Shorecliff
30,458
S.F
$400.00
$4800.00
20
Lincoln St- West of Shorecliff
72,910
S.F
$800.00
$9600.00
21
Lincoln St - Grand to Terra Cotta
2,075
S.F
$ 50.00
$ 600.00
22
McVicker Canyon Fire station
83,575
S.F
$400.00
$4800.00
23
Lakeshore Dr
30,640
S.F
$400.00
$4800.00
24
Inco Homes City Entrance
2,266
S.F
$200.00
$2400.00
12 -A
ITEM
NO.
CODE
DESCRIPTION OF ITEMS
ESTIMATED
QUANTITY
MONTHLY
PRICE
(FIGURES)
ANNUAL
COST
(FIGURES)
25
Railroad Canyon Medians
137,000
S.F
$1500.00
$18000.00
26
Grape St Medians and slope
12,226
S.F
$200.00
$2400.00
27
Canyon Estates Slopes
154,000
S.F
$950.00
$11400.00
28
Canyon Estates Turf
5,117
S.F
$200.00
$2400.00
29
Linear Park on Canyon Estates Dr
23,609
S.F
$500.00
$6000.00
30
Mission Trail Medians
3007
ST
$100.00
$1200.00
31
Malaga Road Medians
18,308
S.F.
$300.00
$3600.00
32
Railroad Canyon Fire station
10,459
S.F
$300.00
$3600.00
33
Main Street Downtown
7,637
S.F
$300.00
$3600.00
34
Peck St parking lot
934
S.F
$ 50.00
$ 600.00
35
Sulphur St parking lot
1,453
S.F
$ 50.00
$ 600.00
36
Main Street Turf
13,760
S.F
$300.00
$3600.00
37
Main St and Lakeshore Dr
2,278
S.F
$100.00
$1200.00
38
Chamber Building
5,168
S.F
$250.00
$3000.00
39
Community Center
3,767
S.F
$250.00
$3000.00
40
Planet Youth Building
13,155
S.F
$150.00
$1800.00
41
Poe St Parking Lot
10,862
S.F
$100.00
$1200.00
42
Morrison Homes at Hwy 74
2,476
S.F
$100.00
$1200.00
43
Splash -Grand Avenue and Shoreline Dr
5,585
S.F
$200.00
$2400.00
44
Reflections - Grand Ave at Ontario Wy
5,674
S.F
$200.00
$2400.00
45
Zone 3 Irwin St at Dawes St
5,400
S.F
$450.00
$5400.00
46
Zone 20 Via De La Valle
21,005
S.F
$300.00
$3600.00
47
Zone 8 Lakeshore Condos
1,440
ST
$100.00
$1200.00
48
Lanternhill Ln
4,303
S.F
$100.00
$1200.00
49
Princo St and Amorose St
22,103
S.F
$100.00
$1200.00
50
Machado St at Lilly Ln
8,500
S.F
$175.00
$2100.00
51
Annual Color (4" Container)
1
EA
$ 1.50
N/A
52
Annual Color (Flat)
1
EA
$ 22.00
N/A
53
Ground Cover (Flat)
1
EA
$ 18.00
N/A
54
Plants (1 Gallon)
1
EA
$ 8.00
N/A
55
Plants (5 Gallon)
1
EA
$ 18.00
N/A
56
Tree (15 Gallon)
1
EA
$ 85.00
N/A
57
24" Box Tree
1
EA
$220.00
N/A
58
Graham
S.F
$550.00
$6600.00
TOTAL BASE BID ITEMS BASED ON ESTIMATED QUANTITIES OF ITEMS 1
THROUGH 58.
$171,300.00
12 -A
EXTENSION OF ANNUAL STREETSCAPE MAINTENANCE CONTRACT
JUNE 24, 2014
PAGES
EXHIBIT `C' - WORKERS COMPENSATION INSURANCE
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
1 hereby certify that in the performance of the work for which this Agreement is entered into, I
shall not employ any person in any manner so as to become subject to the Workers' Compensation
Laws of the State of California
Executed on this day of v ., v..e, 200_ at
California.
Contractor
Page 47 of 47
AJ' [1, e>® CERTIFICATE OF LIABILITY INSURANCE
fie,.... ` -! INSURANCE
/,2/ 013,YYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS --
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
:REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER.
IMPORTANT,. If the certificate holder is an ADDITIONAL INSURED, the Polity {ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain po)lcles me require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in.11o0 of SUOh:eAd4fsem6n S). ......
.PRODUCER. _ _
Landscape Contractors (Lic #0755906)
£ ATN Tg11;2.aboth Ngoe- CISR
n0of E (559) 6H9 -3555 .i
in .;1seo.asse.
Insurance Services, InG:.
engoiCiainc. com --
1835 N. .Fine Avenue:
INRUREP AFFORDING COVERAGE
NAICp
nNSURERA,ARCK Insurance Company
1.150
`Fresno CA 93223
INSURED
_ _....
:INS REft B:
........
INSURER C• -.
.. ,.
93xpel Landscape, InC. _.
'.INSURER D:
:INSU ERE:
710 Rimpau Ave #108-
:INSURER F: -:
Corona. CA g21379
COVERAGES . CERTIFICATE NUMBER:13 {74 Pkg :ss. Auto REVISION,NUMSER:1 ...
THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED "BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD -
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED. BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID OLAIMS.
M5R
LIft,
TYPE Of IN &UR0.NFE
LCV U
POLICY
PO LYE%P
- LIMITS
GENERAL
LIABILITY - " --
" --
-
EACH OCCURRENCE
" § 1,.000,000
A
COMMERCIAL GENERAL LIA01Jry
CIAIMRMAOE! OCCUR
CPKG0199102.
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PERSQNALBADV INJURY
';S 1, ODD, 0,00'
'
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GENERAL AGGREGATE 9
:s 2, 000, 000
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WORKERSCOMPENSATIQN
AND EMPLOYERS' LIABILITY
ANY PROPRIETORMARTNERI €XCOLMVE YIN
QFFIOERIMEMPER EXCLUDED? Lj
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E-E, DISEASE- EA EMPLOYEE
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(Mandatory In NH)
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BESCMPTION OF OPERATIONS:I LOCATIONP, I VEBIGLBS (A"40 ACORD 101, Admllenel ReMarka SchodUlo U more apace Is raqulrad)
RE: All landscape operations performed by o; on behalf -of the named insured.
Primary Inaurance /Non Contributory Blanket Add itlonal insured per attached OOGLO434000108 & C92404 &
,CA20480299
The City of Lake. Elsinore,. the Community Redevelopment. Agency of the City of Lake Elsinore. (ILIA),. its -
,o££icers,..employees and agerRIME��`mwP�:feseional. Liabilityk are named as additional insured
City of Lake
130 t S. Main Stree CLERK �;FF.IC
' t sS
Lake Elsinore, CA 923$0
SHOULD ANY OP THE ABOVE: DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
GISR /A00MBE -"
INS025 (201005);01 The ACORD name and logo are registered . marks of ACORD
EXCELAN -01 REED11
CERTIFICATE OF LIABILITY INSURANCE
DAT8/1/2n13 I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER:. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT :CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED -
EPRESENTATIVE:OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les)'must be endorsed. If SUBROGATION IS WAIVED, sublectfo the terms and conditions of fhe policy, certain policies :may require an endorsement. A statement on.this certificate does not confer rights to the
certificate holder In Ileu of such endorsefnent(s)i
PRODUCER Licenseurance er
F.O. Box Risk &Insurance Services
P.O, t3ox ti5127
Riverside, CA 92517
CON TACT -
•yAfi E. _
°�
RxoNE Fn C"
y,,ie, u e „It. {951) 368 0700. ca."851 368-0707
innogESS•
�.__
MSURERfS/AEFORDING COVERAGE -...
NAICN.....
U,suRERA:C p Tess Insurance Company.
10855....
INSURED
Excel Lamiscape, Inc, ;,
- 716 Rimpau Ava, #108”
Corona, CA 92681
_ ..
1NEUflER a:
aNSURERC :
'ixsuasR
INSURER E:
- --
INSURER F:
ACORD. 25.( 2010 /05) The.ACORD. name and logo are registered marks. of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT
This endorsement modifies Insurance provided under the followingf
.COMMERCIAL GENERAL LIABILITY ;COVERAGE FORM
1. SECTION 11 - WHO 18 AN INSUREDS it amended to include as an insured any
organization or person required to be named as on additional insured pursuant to a
written contract or agreement.
The insurance provided by this endorsement Is subject to the.followirig:
a. This insurance does not apply to any person or organization rfot specifically
approved by usa I as an additional insured.
b.. Any insurance afforded I an additional insured' under !his endorsement shall not
begin before the date that the person or organization is approved by us as an
additional insured.
c, The Limits Of Insurance tinder this insurance, which. are listed in the Declarations
of this policy, shall not be increased,'regardless of the number of additional
insureds, orthe limits specified in the contractor agreement,
d. Any coverage that isnot provided under an additional insured's liability—Insurance,
policy for your acts, errors, or omissions is also.nbt provided under this insurance.
0.
f; If required under written contract,
as primary Insurance and othe
additional insured shall, apply on a
0
this insurance will apply to. an additional Insured
r Insurance which may be available to such
n excess basis.
Only
out
that
Mother tem18,and conditions of this Policy remain unchanged;,
Endorsement Number: MIA
Policy Number LCPKG0199.102
Named Insured: Excel Lendisoapej Inc.
This endorsement is effective on We inception date of this policy unless otherwise stated herein.,
EndcrserfientEffective Date; wo112013
00 GL0434 00 01'08 includes copyrighted material of Insurance. Services Office, Inc Page 1 of I
.with its permission
POLICY NUMBER: LCPKGO199102 COMMERCIAL GENERAL LIABILITY
Excel Landscape, Inc.,
CG 24'04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organizationt
The City of Lake EIsjn'prp,,:th6 Community Redevelopment A ers,
gercy of the—City of Lake Elsinore (RDA); 'its
employJae&and agents (Excluding Professional Liability)
With respects to work performed I I gAllflandscape operations performed by.or.,oh behalf of. the .named insured.
(If no. entry appears above, information required to complete this endorsement will be shown, in the Declarations as
.applicable to" this endorsoment)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV — COMMER-
ci&,OENE.�RAL . LIABILITY CONDITION'S) is amended by the addition of the following:
CO 24 0410' 03 Copyright, Insurance Services Office., Inc., 1992 Page 1 :of 1. 13
r „>
ANNUAL STREETSCA EEMA MAINTENANCE PROGRAM C 0 u
PROJECT NO. FY 13
NON - PROFESSIONAL SERVICES
This Agreement, for Job Order Contractor /Non- Professional Services is made and entered into as of
the date signed by the City Manager, by and between the City of Lake Elsinore, a municipal
corporation, hereinafter called the "City” and "Excel Landscape" hereinafter called the "Contractor."
RECITALS
A. Contractor is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Contractor possesses the skill, experience, ability, background, certification and knowledge to
provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Contractor to render the services and related work as set forth in this
Agreement.
AGREEMENT
Scope of Services.
a. Contractor shall perform the services described on Exhibit A which is attached hereto
and incorporated herein by reference. Contractor shall provide said services at the time, place, and in
the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide
from time to time and in such manner as to minimize inconvenience and potential hazards to the City
and the public.
b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's sole
expense.
C. Contractor shall provide the City with at least two (2) contact telephone numbers that
can be called by City when emergency maintenance conditions occur, Contractor shall provide a
maximum of one -hour personnel response time upon notification.
d. Contractor shall require each of its employees and subcontractors to adhere to basic
Public Works standards of working attire which shall include basic uniforms, proper shoes and other
equipment and gear as is required by State of California workplace safety regulations. Shirts shall be
worn at all times, buttoned and tucked in.
e. Contractor shall display the organization or firm name on all of its vehicles. Such display
shall be legible from a distance to one - hundred (100) feet.
2. Time of Performance. The services of Contractor are to commence upon execution of this
Agreement and shall continue for a period of one year and may be extended for three (3) consecutive
one -year extensions upon the approval of the City Manager, subject to the review of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
AGREEMENT
4. Method of Payment. Contractor shall submit monthly billings to City describing the work
performed during the preceding month. Contractor's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Contractor
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be
necessary but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from the City Manager or his /her designee unless such work is verbally requested in
conjunction with an emergency maintenance request. Extra work will be invoiced separately from
services performed in accordance with the Scope of Services.
6. Termination. This Agreement may be terminated by the City or Contractor for cause upon thirty
(30) days' written notice of termination. This contract may be terminated by the City without cause
upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to
compensation for services performed up to the effective date of termination.
7. Reserved.
6. Contractor's Bqqks and,Records
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by law,
from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written
request by any of the above -named officers, require that custody of the records be given to the City and
that the records and documents be maintained in City Hall. Access to such records and documents
shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's
successor -in- interest.
9. Independent Contractor. It is understood that Contractor, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits
which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to
any such rights.
AGREEMENT
10. Interests of Contractor. Contractor (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or
any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
11. Ability of Contractor. City has relied upon the experience and training of Contractor to perform
the services hereunder as a material inducement to enter into this Agreement. Contractor shall
therefore provide properly skilled personnel to perform all services under this Agreement. All work
performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in
Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and
approvals which are legally required of Contractor, including but not limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and agents free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or
omission of the Agreement or, its employees, subcontractors, and agents relating to or in anyway
connected with the accomplishment of the work or performance of service under this Agreement. As
part of the foregoing indemnity, the Agreement or agrees to protect and defend at Contractor's own
expense, including attorney fees, the City, its offices, agents, and employees in any legal action based
upon any such alleged acts or omission.
15. Insurance Requirements,
Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the
contract, the following insurance policies.
The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), and shall furnish the City with a certificate
of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and
non -owned automobiles; manufacturers and Contractor's liability; broad form property damage in any
case where the Contractor has any property belonging to the City in his care, custody 'or control;
owners and Contractor's protective liability; blanket contractual liability; products and completed
operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching
is done with power equipment; and shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City of Lake
Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment
Agency of the City of Lake Elsinore (RDA), its officers, employees and agents, are
added as additional insured under this policy and the coverage provided hereunder shall
be primary insurance and not contributing with any other insurance available to the City
of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore,
AGREEMENT
and the County of Riverside, its officers, employees and agents; under any third party
liability policy.
It is further agreed that the other insurance provision(s) of the policy are amended to
conform therewith,
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better
in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance
business in the State of California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall
not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or
registered mail of amendments or cancellation to the City, except that cancellation for non - payment of
premium shall require ten (10) days prior written notice by certified or registered mail. In the event the
said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk
new evidence of insurance in the amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which provides
that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the
effective date of cancellation, non - renewal, or material alteration of such policy.
All liability insurance shall cover comprehensive general liability for both bodily injury (including death)
and property damage, including but not limited to aggregate products, aggregate operations, aggregate
protective and aggregate contractual with the following minimum limits:
�!,
$500,000.00 $1,000,000.00 $2,000,000.00
$1,000,000.00 $2,000,000.00
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for
each occurrence will be considered equivalent to the above minimum limits for Comprehensive General
Liability,
Property Damage Insurance shall cover full replacement value for damages to any property caused
directly or indirectly by or from acts or activities of the Contractor or its sub - contractors or any person
acting for the Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract
Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for
owned and non -owned automotive equipment operated. Such coverage limits shall not be less than
$1,000,000 combined single limit.
Any deductibles or self- insured retention must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention as
respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond
guaranteeing payment of losses and related investigation, claim administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation
Insurance with limits as established by the State of California.
The Contractor shall include all subcontractors as insured under its policies or shall furnish separate
AGREEMENT
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject
to all of the requirements stated herein.
Notices Any notice required to be given under this Agreement shall be in writing and either served
personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the
address set forth below. Notice shall be deemed communicated within 48 hours from the time of
mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Excel Landscape
Attn: Jose Alfaro Sr.
710 Rimpau Ave. Suite 108
Corona, Ca 92879 -5724
16, The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient
Surety Bonds for one hundred percent (100 %) each of the contract price. The bonds shall be a
"Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor
and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or
material men for all work under the Contract pursuant to Section 3247 of the Civil Code.
17. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns
guarantee that all work performed under this Contract fully meets the requirements thereof as to quality
of workmanship and materials furnished. If any defects in materials or workmanship become evident
within a period of one year from the date of the acceptance of the work by the City Council, the
Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore
the work to full compliance with the Plans and Specifications.
18. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates
of per diem wages established by the California Department of Industrial Relations. The Contractor
and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code,
Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8,
Group 3, 'Payment of Prevailing Wages upon Public Works," all of which are made a part of the
Contract documents.
19. The Contractor agrees that he or she and its subcontractors shall maintain and keep books,
payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to
this Agreement in a form in accordance with generally acceptable accounting principles. Said books
and records shall be made available to the City of Lake Elsinore, County, the State of California, and
the Federal Government and to any authorized representative thereof for purposes of audit and
inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and
records shall be retained for such periods of time as required by law, provided, however,
notwithstanding any shorter period of retention, all books, records, and supporting detail shall be
retained for a period of at least three years after expiration of the term of this Agreement.
20. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the
substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance
under Contract. At the request and expense of the Contractor, securities equivalent to the amount
withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as
the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution
under this section shall include those listed in Section 16430 of the Government Code, bank or savings
AGREEMENT
and loan certificates of deposit, interest- bearing demand deposit accounts, and standby letters of credit.
The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall
receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty
(30) days after the Contract is awarded that it desires to substitute securities for money that would
ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be
governed by a written escrow Contract Agreement in a form which is substantially similar to the
Contract Agreement set forth in Section 22300, of the Public Contract Code.
21. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), and its officers, agents, and employees
harmless from any and all liability, claims, damages or injuries to any person, including injury to the
Contractor's employees and all claims which arise from or are connected with the negligent
performance of or failure to perform the work or other obligations of this Contract Agreement, or are
caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees,
sub - contractors or suppliers, and all expenses of investigating and defending against the same;
provided, however, that this indemnification and hold harmless shall not include any claims arising from
the sole negligence or willful misconduct of the City, RDA, and its officers, agents, or employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation,
any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether
in a judicial or administrative action or in arbitration, and whether the issue is between the parties or
involves one or more third parties.
22. The parties do for themselves, their heirs, executors, administrators, successors and assigns
agree to the full performance of all of the provisions herein contained. The Contractor may not, either
voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior
written consent of the City.
23. Should either party bring any legal or equitable action for the purpose of protecting or enforcing
its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to
all other relief, its reasonable attorney's fees and court costs to be fixed by the court.
In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its
attorneys' fees incurred in any post judgment proceedings to enforce any judgments in connection with
this Contract Agreement. The Provision is separate and several and shall survive the merge of this
Provision into any judgment.
24. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section
3700, of the Labor Code which require every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the Provisions of that code, and I will
comply with such Provisions before commencing the performance of the work of this Contract.
25. The effective date of this Contract Agreement shall be the date of the Award of Contract by the
City of Lake Elsinore,
26. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board. Any questions concerning a Contractor may be referred to the Registrar Contractors' State
License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000,
Sacramento, CA 95826.
(SIGNATURE PAGE FOLLOWS)
AGREEMENT
City of Lake Elsinore,
Municipal Corporation
BY
City Manager
DATE�
INTERNAL USE ONLY
/ Wity Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
SIGNING INSTRUCTION TD THE CONTRACTOR:
(Name ofContractor)
License No
Classification:
Expiration Date:
Federal iD.No.�
/PR|NT�
0GNA'
TITLE �
DATE:
Date
PRINT
fT~
SIGNATURE:'
TITLE:
71 Date
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a
notary public.
General Partners must sign on behalf of the partnership.
affixed hereto.
State of California )
County of
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On IqV6(, S_T /�t� 1 Zof3 before me, � r r,
_
(here lnven game and dfl,, 0 01,, o(6ce
personally appeared jS /}( �V¢( �USIP 4I_C4iz0
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to
the within instrument and acknowledged to me that beilsbd /they executed the same in W4r /htli /their
authorized capacity(ies), and that by Ws /Fber /their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. JAMM I. RINI
i COMM. k2b19924 x
Nnldry pu61k -Gllf in. ,
WITNESS my hand and official seal. Rlvorsldo county
ExplitVx. M 2017t
`r
Signature
f x (Seal)
° - -- "OPTIONAL INFORMATION
m1hough the lnParmaUon in this section Is not fegwreci by la:n; it court prdv¢ni fraudulent removo+anrl feafurch-mex of? I) is
ocknowledriment oat; unauthorized document c =nd rnny prove useful to perons rei. ing or', the offached document.
Description of Attached Document
thepu,rd.n5Certlltlr : s' is' A kn vv.(1ngj-nEo1: I � atlacholl Xo rd)Ct Ldnt jMethod o( Signer ldentification
lit ed/r 1 E'PUI Sr UI 41 tone or) Ore omN Df SBhf Crory endece'.
:1 - p- f j�j j�C�,'i`"t( -/'U� _.... I L f :rtq•y u(Idcn firation 0 c ,dlol=w:iteesv:rs)
I
-- — - Notarial event s ;veriled in note jr:rnal cn
ro:tleining pages, al o dated '! _ Fage n envy,;
Tile signor(s) : apar.: or a:ath o q is /are as
I_7 Indlvidual(i;
(_J At tofney,ImFact
Corporate Clacef(s)
L..J yuardiau /Luns�lovux
-] Partner iimic.(JA eaerdl
' ; TrueteeQ
� Otter:
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n..met.i ul I'frmn(:{ r+r trl4y.ir!cf <iynm iy ilt' {li"cC.il.l4
Notary
Other
A:IrL0una15yn;r(s; ❑ Signer(= )7hulnb{rrlrl (x;
�i
p, ",igM'y(r>flrf y'.L. aryl I 91S J9 L -!,s., r,11iIol) bl _p ..J ltp3 l:;n, O'0 '.r..er. co ra v, r. -a.c� .1— 11 — .,..,... -- ,1.:1.,
"Bond Issued In Two (2) Counterparts"
BOND NO. 024040335
PREMIUMS 2372
FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)
ANNUAL STREETSCAPE MAINTENANCE PROGRAM
PROJECT NO. FY 13
KNOW ALL MEN AND WOMEN BY THESE PRESENTS:
;.tom" mnrm —ls 71 amnedl
[PMIA"n Is lo( We Came Inlh
end Is suhlort N adfuelmmn 6'�seJ
u Oml COOK price.
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City,"
has awarded to Excel Landscape, Inc: , as Principal hereinafter designated as "Contractor" and
have entered into a Contract Agreement whereby the Contractor agrees to construct or install and
complete certain designated public improvements, which said Contract Agreement, effective on the
date signed by the Mayor, and identified as PROJECT NO. FY 13, is hereby referred to and made a
part hereof; and
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeing the faithful performance of said Contract Agreement;
NOW THEREFORE, we the undersigned Contractor and The Ohio CAI y Insuranoe Company
as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal
sum of One Hundred Sixty -Four Thousand "(1) dollars, ($,Lt.700�00- - - ), lawful money of the United
States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in said Contract Agreement
and any alterations thereof made as therein provided, on his or her or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, Its officers,
agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise
it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and
judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a
reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Agreement or to the work or the Provisions.
(SIGNATURE PAGE FOLLOWS)
"(1) Seven Hundred and 001100
"BOND IS EFFECTIVE FROM AUGUST 1, 2013 TO AUGUST 1, 2014"
FAITHFUL PERFORMANCE BOND
BOND NO. .024040335
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 5th day
of August 2013
Contractor Name: Excel Landscape, Inc.
Address: 710 Rimpau Ave., Ste. #108
Corona, CA 92879
Telephone No.: --- 951.735.9650
Print Nam
Signature:
Approved
— day of
City Attorney
City of Lake Elsinore
SURETY
Name: The Ohio Casually Insurance Company _
Address: 790 The City Drive South, Suite 200_ _
Orange, CA 92868
Telephone No.: 714.634.3311 _ __,__,_,w__ -----
.
Print Name' Elizabeth Koipien __ _
Attorney-in-Fact�
Signature;
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto.
All signatures must be acknowledged before a notary public (attach
acknowledgments). The attorney -in -fact for the corporate surety must be registered,
as such, in at least one county in the State of California. (Attach one original Power
of Attorney sheet for each bond),
State of California CALIFORNIA ALL - PURPOSE
County of .�L(.VILS! tJ E _ ) CERTIFICATE OF ACKNOWLEDGMENT
On _f}V6tA47 _�S inr 2013 before me, SRM� T- i /aJ( VoTn, q1 _V j eT -I<_„
nee• , S I yaw and tic of the officer),
personally appeared TGS_.._,_._y FfF2C> _ ___ _.
who proved to me on the basis of satisfactory evidence to be the person(Ai whose names) is /W* subscribed to
the within instrument and acknowledged to me that he /spQ /tkey executed the same in hislViltheir
authorized capacity(ifiifs), and that by his /per /their signatureW on the instrument the personal, or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ -.___
JA09! MINI
COMM. li2Rt8524
Notary Public - California p
Riverside County
t !t Coon. Ex k s Mar. 22 20171
(Seal)
_ OPTIONAL INFORMATION `" "-" "-m�
Ai(Prouoh the information in rhis section is nor rerruireo by III—, 'I , Go I. 7 "'aYenI hot'dulrnt re n< val and fear tochmerlt oft I if,
acknowledgrncw to an unautRorr'. ?e'd cdoc omen( and may prove usef w rc Fofarms re! /' rg of, the attached .document.
Description of Attached Document
thre pl eCilnQ Cel t11lCale o? A.knowled9rr Fnt a otLaC'l d t.. a der t,rner; ! Method of s!gner Identification
iftled /fofthe )tlf oseOf v' Upieort7 suofsa¢tcrow- mdence:
K U F�frHFrrl_.PE, Fer2� R CF F�'�t ✓G?
I (J � rrn(s) of l ler i(�at�n (; ary it le +7mess(es)
_ _ _ �. t .pal event i5 dc:ailed io notary journal err:
containing i pages, and dated ����/ 3 Vage o Enay0
The sigrlef(s') caglacity cr authcrity I>iare as
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Notary contnce
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On August 5. 2013 before me Raquel L. Soto, Notary Public
personally appeared Elizabeth Kolpien
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. a
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Signature C ' ll' (Seal) i 4 . /,. t
THIS POWER OF ATTORNEY IS NO', .LID UNLESS IT IS PRINTED ON RED BACKG,._ -JND.
This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated.
Certificate No. 01c10au
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: Thal American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under (he laws of the State of Massachusetts, and Wool American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies '), pursuant to and by authority herein set forth, does hereby name. constitute
and appoint, �IizahflthUSNpian:- George. lv Ae471S1n:.MarID] -M- D.ev1scReter NIL Oa?jK3hamoS.Lnoa
a of 250
LMS 12073 OW012
all oflhe cilyof REDLANDS , stale of CA m each individually if them be more than one named, its two and lawful atlomey- in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in ingrown proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
-�—
thereto this 13th day of_June_2013 _,
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American Fire and Casually Company
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The Ohio Casually Insurance Company
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- Liberty Mutual Insurance Company
West American Insurance Company
By... gy
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Gregary )! Davenport Assistant Secretary
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STATE OF WASHINGTON as
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COUNTY OF KING
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On This 13th day of June 20133 ,before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
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Fire and Casualty Company, Liberty Mutual insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, bring authorized so to do,
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.°
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This PowerofArtomey is made and executed moment to and by authority ofthe following By -laws and Aulhorizellons ofAmehcan Fire and Casually Company, The Ohio Casualty Insurance
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Company, Liberty Mutual Insurance Company, and WeslAmerican Insurance Company which resolutions are now In full force and effect reading as follows:
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ARTICLE IV - OFFICERS - Section 12 Power of Attorney .Any officer or other official of the Corporation authorized for that purpose lnwriling by the Chalons nrrthe President, and subject
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to such limitation as the Chairman or the President may prescribe, shall appoint such aflomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
deliver bonds, ions. Such attorneys -in- fact, subject to the limitations set forth in their respective
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acknowledge and as surety any and all undertakings, recognizances and other surety obligat
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instmmenls and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or agomey -in -fact under
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers grrnllna such power or authority.
00
ARTICLE MIT - Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
be
> 40
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the Company to make, execute,
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seal, acknowledge and deliver as surer an and all undertakings, bonds, recd nizancas and other surer obligations, Such attorneys-in-fact sub ect to the limitations set icon in their
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respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal blithe e Company. Wien so
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executed such instruments shall be as binding as if signed by tlm president and attested by the secretary.
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- --
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, entrance Gregory W Davenport, Assistant Secretary to appoint such
~
attomeys- m -facl as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
` ---
Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
.Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, David M. Carey: the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Coquetry Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the rubber power of ahomey of which the foregoing Is a full, We and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked.
L
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this vh_ day of .I20�.
BY:
id
David M M C.arneuisuuu Secretary
a of 250
LMS 12073 OW012
"Bond Issued in Two (2) Counterparts"
BOND NO. 024040335
PREMIUM $ Included In
Performance Bond
LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)
ANNUAL STREETSCAPE MAINTENANCE PROGRAM
PROJECT NO. FY 13
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as
"City ", has awarded to Excel Landscape, Inc. , as Principal hereinafter designated as
"Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to
construct or Install and complete certain designated public improvements, which said Contract
Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO, FY 13,
is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to
secure the payment of claims of laborers, mechanics, material men, and other persons, as
provided by law;
NOW, THEREFORE, we the undersigned Contractor and "(1)
, as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the
penal sum of One Hundred Sixty -Four Thousadd'?1 dollars, ($164,700.00 - - -- ), lawful money of the
United States, for which payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its
heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of
the persons described In the State of California Civil Code, Section 3181, or amounts due under
the Unemployment Insurance Code with respect to work or labor performed by any such
claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax
Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to
Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that
the Surety or Sureties herein will pay for the same in an amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In the event suit is brought
upon this bond by the City or other person entitled to bring such an action and judgement is
recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable
attorney fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons described in the State of California
Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit
brought upon this bond.
(SIGNATURE PAGE FOLLOWS)
"(1) The Ohio Casualty Insurance Company
'(2) Seven Hundred and 001100
"BOND IS EFFECTIVE FROM AUGUST 1, 2013 TO AUGUST 1, 2014"
LABOR AND MATERIALS BOND
BOND NO 024040335
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 5th day
of August 2013
BIDDER
Contractor Name: Excel Landscape, Inc.
Address: 710 Rimpau Ave., Ste. #108
Corona, CA 92879
Telephone No.: 951.735.9650
Print Nam
Signature
Approved
dayof _.._- ---- -._... ......_.___.__....... _... ._201_
City Attorney
City of Lake Elsinore
�Y�13�1
Name: The Ohio Casualty Insurance Company
Address: 790 The City.Orive $Oath, Suite 200 _
Oranqe CA 92868 ___ __,_
Telephone No.: 714634.3311
Print Name: _ Elizabeth Kolpien
Attorney -in -Fact
Signature
NOTE: This bond must be executed by both parties. Corporate seal may be affixed
hereto. All signatures must be acknowledged before a notary public (attach
acknowledgments). The attorney -in -fact for the corporate surety must be
registered, as such, in at least one county in the State of California. (Attach
one orlginal Power of Attorney sheet for each bond).
State of California ) CALIFORNIA ALL - PURPOSE
County of .lU�_2._S_I1� ) CERTIFICATE OF ACKNOWLEDGMENT
On .) t,1 'I _r,5, r, 2o1 3beforeme, „Tf('Y GS....- 21,n 1 NCYLy. 10Pzf l <,
(Pere r rR name and t tleffl the officer)
personally appeared �QSE f(LF W (2 O
who proved to me on the basis of satisfactory evidence to be the person(A whose name( is /are subscribed to
the within instrument and acknowledged to me that he /�We /tbdy executed the same in his /hprr /their
authorized capacity(jet), and that by his /Ilex /t�erir signatureW on the instrument the personal, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _-_._.'. 4':-t
OPTIONAL INFORMATION
"' IAAIES l� RINi
COMM. k2013924 �
� Nolarryy fudllc � Ce1lNtala o
Hlvaralib Csuoq
G,nim,. kaaMx:22 2Qi7
(Seal)
Although the mh>rmof /ormthis.ecf,nn is not reotdyed by tutor, it;c r!rv?verf fraudulent removal and rea Irachrnem of th,5
acknowl ^figment- oanuncufh v•d d..a, rs-it andn ypru re,sf(WI,persoru" lying oo the ottoched oocumen r'
Description of Attached Document
- -� - ' Methad of �nmei dentification I
l';he pmcaoing Ce r...r? o(tic a a.vr figment I` attar I eel to a do v � pert ! - _
titled /tor the purpose of L — 7 - EProved -cmeonthe! ails of satisfactory mciencP
�i.P.O� Ah V /`,? _ (lZ fLi.��.u%�DArp
t -(-. iorm(s)Pf id_[fcauon CJ creel- hlewitness(cs)
au„ event i� detailed in n%tarp joanutl or, j
cons xnq / i.,age >, a'd dnrPG f / 1 + j Pays & envy u
The signero) capacity or authority is /are as:
[] Icdlviduai(s)
Attorney -in -Pact
h Cotperete Offlcer(o
Gua.doniConservoor
L] Partner - Lln'dted/General
U Trustee(s)
(] Othec
represent liy
r i ca _ce C, r . g8epn ,
Other
❑ Additional SlgP'I(5! ,_] Slgner(s) Thumbprint(s)
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1gtu1n1 .-r,.y..er: yin /]sM1Sr. MII, rc „I'I .:3,i. ..r- nICs-a)r "11111. .n 1 11 see 1n .t9.useear -s r. I 'I IfIl 1111111 er,- i.:,ww..o „vn"�r,m
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On August 5,, 2013____ before me Raouel L Soto Notary Public
personally appeared Elizabeth Kolpien ,
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I—µiev%H .r W�awq
r... —`. r % �a uiAn..nQUwh L ii vi 5'iOuT1C Comm
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Signature (Seal)
-
THIN POWER OF ATTORNEY IS NOT .JD UNLESS IT IS PRINTED ON RED BAl i ,ND.
This Power of Attarneylimils the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated,
Cadidcata No mom ^a
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusalts, and WestAmedcan Insurance Company
Is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint,
all ofthe city of REDLANDS , stale of CA each Individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested bythe secretary of the Companies In their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 13th day of .Jyne 2013
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
STATE OF WASHINGTON ss Gregory N. De,cmpod Assistant Secretary
COUNTY OF KING
Coeds lath day of June 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.
KD Riley Not -. Public
C m This Power ofAttomey is made and executed pursuant to and by authority of the following By -laws and Authorizations ufAmercan Fire and Casualty Company, The Ohio Casualty Insurance
'^ Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
N'r+
as ARTICLE IV - OFFICERS - Section 12. Power of Altomey.Anyotficer orolhorroffidal of the Corporation outhorizedfor that purposeinwriting bylhd Chairman or the President, and subject
fi el to such limitation as the Chairman or the President may prescribe, shall appoint such altomeys- in-LaCL as may he necessary to act in behalf of the Corporation to make, execute, seal,
to L acknowledge and deliver as surety any and all undertakings, hands, recognizances and other surety obligations. Such afforneys-m -fect subject to the limitations set forth in their respective
E u powers of offomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to effect thereto the seal of the Corporation. 'Alien so
'- executed, such instruments shall be as binding as if signed by the President and attested to by die Secretary. Any power or authority granted to any representative or alfomey -in -fact under
w
9 ?. the provisions of This adide may he revoked at any lime by the board, the Chairman, the President or by the officer or officers gaoling such power or authority.
do r- ARTICLE x111- Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
S m and so bled to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as play be necessary to act in behalf of the Company to make, exeate,
p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set lorth in their
2 ca respective powers of attorney, shailhave full powerto bind the Company by theirsignature and execution of any such instruments and to attach thereto the seal blithe Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
- -_. Certificate of Designation - The President of the Company, acting pursuant to Ills Bylaws of the Company, authorizes Gregory W. Davenport. Assistant Secretary to appoint such
adomeys In -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surely obligations.
Authorization - By miammous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Conipanydo hereby certify thal the original power of affomeyofwhich the foregoing is a Lull, true and correct copy of the PowerofAtromey executed by said Companies,
is in Nil force and effect and has not been revoked. {,���.,��
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed Ilse seals of said Companies Ihisv� day of 20
David M l;arlsy,�Axe;unID1 Secretary
1 12673 092012 9 of 250
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Attachments. Exhibit A - Scope of Sei vices
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation Insurance
EXHIBIT "A"
SCOPE OF SERVICES
(INSERT)
LANDSCAPING FACILITIES
Landscaping improvements include, but are not limited to: irrigation, cultivation, installation and
replacement of plant material, tree trimming and other necessary supplies; personnel, utility and
equipment costs; contract services where applicable; care and maintenance of approximately
fifteen (15) acres of lake beaches and levees, street trees and approximately thirty -four (34)
acres of streetscapes within the public right -of -way. , The City of Lake Elsinore landscaping
facilities include three (3) types of improvement areas which are described below and are
shown in Figures 2 -3 on the following pages:
1. Major Streets
2. Site Specific Landscaping Areas
3. Tree Maintenance Areas
MAJOR STREETS
The Major Streets improvement area includes landscaping on three types of. streets (Arterial,
Major, and Secondary) and beaches, levees and wetlands. The first two sets of streets are
defined as Arterial (110' wide) and Major Streets (100' wide) per the City of Lake Elsinore
General Plan 1992, and they are: Highway 74, Lakeshore Drive, Main Street, Riverside Drive,
Robb Road, Grand Avenue, Mission Trail, Railroad Canyon Road, Diamond Drive, Corydon
Street, Summerhiil Drive from Railroad Canyon Road to Riverside Street, Tuscany Hills
Parkways, and Grape Street.
The third set of streets are defined as Secondary (88' wide) per the City of Lake Elsinore
General Plan 1992, and they are: Machado Street from Grand Avenue to Lakeshore Drive,
Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from
Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln
Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to Shore Cliff Drive,
Chaney Street from Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive
to Main Street, and Pottery Street from Main Street to Franklin Avenue.
Site Specific Landscaping Areas
The Site Specific Landscaping Areas include nine (9) areas with specific local benefits due to
landscaping. They are as follows:
• Area "A" - landscaping along Machado Street at the Grand Avenue intersection
• Area "B" - landscaping along Madison & Garfield Streets
• Area "C" - landscaping in Tract 19402
• Area "D" - landscaping along Terra Cotta Road
• Area "E" - landscaping in Tract 119344 - Serenity
Citywide Landscaping
• Area "G" - landscaping along east side of Machado Street between Lincoln Street and
Lakeshore Drive
• Area "H" - landscaping at Orange Grove Way
See appendix "B" for site specific landscaping areas Figure 2 located in the Technical
Provisions appendix
NOTIFICATION OF RESIDENTS (APPLIES WHEN PUBLIC ACCESS IS NOT ALLOWED
The Contractor shall notify in person and with printed notification (in English and Spanish
language), at least ten (10) working days prior to commencing work, to all agencies, firms,
institutions, postal service, residents, hospital, Riverside Transit Authority (RTA), schools,
stores, utilities and waste disposal service fronting or affected by the work. Additional printed
notification (in English and Spanish language) shall be given not less than forty -eight (48) hours
prior to performing any work which will restrict property access, close or partially close the
street, or which will restrict or disallow street parking. All schools and churches shall receive
seven (7) working days notification prior to performing any work which will restrict property
access.
The Contractor shall coordinate with the school district for pick -up and drop -off of school
children, RTA for the pick -up and drop off of riders, waste disposal collection, the postal service
to ensure delivery of mail, and churches for weekly or special activities.
The printed notices shall contain a general description of the work to be done and the date that
the work is to be done. The notices shall also include a statement that parking will be restricted
as called for on the "NO PARKING" signs to be posted along the street. All public notices must
be reviewed and approved by the Resident Engineer prior to its distribution.
The Contractor shall also post printed "NO PARKING -TOW AWAY" signs at one - hundred -foot
(100') (thirty meters (30m)) maximum spacing along each side of the affected street for forty -
eight (48) hours prior to the commencement of the street improvement work. The Contractor
shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs
on trees and utility poles will not be allowed.
The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on
that particular street, CVC 22651L and CVC 22654D. The signs shall be removed immediately
upon completion of work that will prohibit parking.
The printed notices and the "NO PARKING" signs shall be furnished by the Contractor.
Full compensation for compliance with the preceding requirements shall be considered as being
included in the various Contract items in the bid schedule and no additional compensation will
be allowed therefore.
MOBILIZATION
Mobilization shall be in accordance with Subsection 9 -3.4 "Mobilization," of the Standard
Specifications, and these special provisions.
Mobilization shall consist of preparatory work and operations, including but not limited to, those
necessary for the movement of personnel, equipment, supplies, and incidentals to the project
site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any
other facilities necessary for work on the project; and for all other work and operations which
must be performed or costs incurred prior to beginning work on the various contract items on
the project site, as well as the related demobilization costs anticipated at the completion of the
project. The cost of all bonds and insurance policies, including premiums and incidentals, shall
be included in mobilization.
No additional compensation will be allowed for additional mobilizations required, including but
not limited to, delays caused by the relocation of existing utility facilities shown on the plans or
discovered during construction operations.
The deletion of work or the addition of extra work as provided for herein shall not affect the price
paid for Mobilization.
Payment for mobilization, additional mobilizations, cost of all bonds and insurance policies, and
all costs incurred prior to beginning work shall be considered to be included in and distributed
proportionately through all of the contract items of work, and no additional compensation will be
allowed.
TRAFFIC CONTROL
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls,
maintenance of vehicular and pedestrian access; detours, and street closures shall be in
accordance with these technical Special Provisions; Traffic Control Plans; California MUTCD
(FHWA's MUTCD 2009 edition as amended for use in California), Part 6, Temporary Traffic
Control, Caltrans adopted September 26, 2006; the current „ Work Area Traffic Control
Handbook "; and Subsection 7 -10, of the current "Standard Specifications for Public Works
Construction," including all its subsequent amendments. Nothing in the Special Provisions shall
be construed as relieving the Contractor from his or her responsibility to provide for the safety
and convenience of traffic and the public during construction.
in the event of conflict, the order of precedence shall be as follows:
1. Special Provisions
2. Traffic Control Plans
3. California Manual on Uniform Traffic Control Devices (FHWA's MUTCD 2009 edition as
amended for use in California), Part 6, Temporary Traffic Control, Caltrans adopted
September 26, 2006.
4. Work Area Traffic Control Handbook. (WATCH)
5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:
a. The contractor shall obtain and pay for an encroachment permit from Caltrans for
lane closures on the exit ramps or within Caltrans Right of Way. The City will
reimburse the contractor for the cost of the permit only. The contractor is required
to supply the traffic control plan and submit the traffic control plan to Caltrans for
approval.
b. All streets shall remain open to through traffic at all times except when street closure is
approved by the Engineer. The local traffic consists of, but is not limited to, residences,
church congregations, farmers, post offices, meter readers, trash pickup, school buses,
and emergency vehicles. The Contractor shall provide a smooth travel way and either a
fiagger and/or signing to direct traffic.
C. The Contractor shall be responsible for the preparation of Traffic Control Plans as
necessary for the work. The Traffic Control Plans shall be signed and stamped by a
California Registered Traffic Engineer and transmitted to the City for approval no later
than fourteen (14) calendar days prior to the scheduled commencement of work.
Comments and corrections shall be returned to the Contractor within five (5) working
days. The Traffic Control Plans shall conform to the requirements listed in these
Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; the Work
Area Traffic Control Handbook; and the Standard Specifications.
d. All traffic controls and safety devices, equipment and materials, including but not limited
to cones, channelizers, delineators, flashing warning lights, barricades, high level
warning devices (telescoping flag trees), flags, signs, markers, portable barriers,
temporary railing (Type -K), temporary fencing, flashing arrow signs, changeable
message sign, markings, and flagging equipment shall be provided and maintained in
"like new" condition.
e. The Contractor shall furnish and properly install, construct, erect, use and continuously
inspect and maintain, twenty -four (24) hours per day, seven (7) days per week,` which
includes holidays, all said devices, equipment and materials and all temporary and
permanent pedestrian and driving surfaces as necessary to provide for the safety and
convenience of, and to properly warn, guide, control, regulate, channelize and protect
the vehicular traffic, pedestrian traffic, project workers, and the public throughout the
entire limits of the work activity and beyond said limits as necessary to include areas
affecting or affected by the work, from the date of Notice to Proceed to the completion
and acceptance of the work.
f. High -level warning devices (telescoping flag trees) are required at all times for work
being performed within the roadway unless otherwise specifically approved by the
Engineer.
g. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be
no less than 71 1m (28 ") in height, except that shorter cones, 305 mm (12 ") minimum
height, may be permitted during striping maintenance operations where the only function
of the cone is to protect the wet paint from the) traffic.
The entire area of orange and white stripes for barricades shall be Type I, engineering
grade, or Type il, super engineering grade, retro - reflective sheeting conforming to the
requirements of ASTM Designation: D 4956 -95.
h. Type III barricades, no less than 1.83 m (6) in length and equipped with two (2) Type "N"
markers each and two (2) portable flashing beacons each, shall be used to close streets,
except as otherwise specifically approved by the Engineer for minor maintenance work
of no more than one (1) working day's duration, on weekdays, or on holidays only, and
limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed
across the full roadway at each point of closure with the distance between barricades, or
between barricades and curbs, not exceeding 914 mm (3') except that one (1) 3.3 m
(11') wide gap between barricades shall be provided at the center of the street.
Barricades to the right of the street's center, facing the inbound vehicular traffic, shall
also be equipped with one (1) R11 -2, "Road Closed" sign, one (1) R11 -4, "Road Closed
to Thru Traffic," sign, and a Type P warning sign.
I. Channelizes shall be surface mounted type and shall be furnished, placed and
maintained at the locations shown on the Plans or as approved by the Engineer, and
shall conform to the provisions in Subsection 12 -3.07, "Channelizes," of the State of
California Standard Specifications and these Special Provisions.
When no longer required for the work as determined by the Engineer, channelizes
(except channelizes to be left in place), and underlying adhesive used to cement the
channelizes bases to the pavement, shall be removed. Removed channelizes and
adhesive shall become the property of the Contractor and shall be removed from the site
of work.
j. Reflectorized (both sides) temporary self- adhesive markers, 100mm (4in) wide, shall be
applied to un- striped pavement surface before opening the travel way to public traffic.
Reflectorized temporary yellow markers shall be used for to delineate the centerline to
separate opposing traffic. Reflectorized temporary white markers shall be used to
delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to
delineate stop bars and limit lines.
The reflectorized temporary markers shall be removed the same day the first coat of
striping has been placed on the pavement. The removal of the markers shall be done
such a way that the pavement is not damaged.
k. Except as otherwise approved by the Engineer, two -way vehicular traffic shall be
maintained at all times within two (2) 3.3m (11') wide lanes on streets having an effective
roadway width of 13.4 m (44') or more with restricted parking. Other streets of lesser
widths may be reduced to one (1) 3.6 (12') wide lane with work activity being limited to
one side at a time, and the one -way vehicular traffic being maintained at all times by
properly trained and experienced flaggers. All lane closures shall have flashing arrow
signs to provide additional, high level, advanced warning.
No reduction of the traveled way width shall be permitted on any City street before 8:30
a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done,
unless otherwise approved by the Engineer.
Properly, trained and experienced flaggers shall be provided to direct traffic when said
traffic is to be interrupted, when two -way traffic is to be reduced to one -way traffic, and at
other such times as is necessary to safely pass traffic through or around the work area
and when so directed by the Engineer.
m. Vehicular access to occupied residential property may be restricted on weekdays, other
than holidays, between the hours of 8:30 a.m, and 3:30 p.m. while essential work activity
is taking place only upon approval by the Engineer and providing the Contractor gives
the property owner or resident at least forty -eight (48) hour advance written and oral
notice.
Convenient and safe pedestrian access to schools, churches, occupied residential and
business property shall be maintained at all times. Access to mailboxes shall be
maintained at all times such that the postal delivery service is not interrupted. Trash
pick -up services shall not be interrupted. Access to vacant and unused property may be
restricted when approved by the Engineer. Both vehicular and pedestrian access shall
be maintained at all times to all other property except as otherwise specifically
authorized in writing by the Engineer.
n. Vehicular access to business, school and church driveways shall be maintained at all
times during construction.
e. Traffic control and safety devices and equipment being used that becomes damaged,
destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or
stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety
devices and equipment being used, that is displaced or not in an upright position from
any cause, shall be promptly returned or restored to their proper position.
P. An unobstructed view of all signs and warning devices including, but not limited to, stop
signs, stop ahead signs, street name signs, and other regulatory, warning and
construction signs, markers, and warning devices shall be maintained at all times. All
speed limit signs shall be black on white with signs at either end of the project notifying
the motoring public that fines are doubled in construction zones. No trucks or other
equipment or materials shall be stopped, parked, or otherwise placed so as to obscure
said signs, markers and devices from the view of the vehicular and pedestrian traffic to
which it applies.
q. When entering or leaving roadways carrying public traffic, the Contractor's equipment,
whether empty or loaded, shall yield to said public traffic at all times, except where the
traffic is being controlled by police officers, fire officers, properly trained and experienced
fiaggers, or at traffic signalized intersections.
r. Stockpiling or storage of materials on any public right -of -way or parking area will not be
allowed without the specific written permission of the Engineer. Materials spilled along
or on said right -of -way or parking area shall be removed completely and promptly. All
stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly
condition, and shall be restored to equal or better than original condition upon
completion of the work.
S. On projects involving work on, closure of, or partial closure of existing streets, and where
vehicular access to the abutting property must be restricted, the work shall be so
selected, arranged and scheduled that the person(s) requiring access to said abutting
property and residents along said streets affected will be able to park within a
reasonable distance of not more than 150m (500') from their homes or destination. In
addition, no two adjoining streets shall be closed at the same time, except as otherwise
approved by the Engineer. Residents must be given written notice: of such restrictions a
minimum of 48 hours in advance.
I. When work has been completed on a particular street or has been suspended or
rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO
PARKING" signs, other obstructions, and unnecessary traffic control devices and
equipment shall be promptly removed from that street, except as otherwise approved by
the Engineer.
U, Should the Contractor be neglectful, negligent; or refuse, fail, or otherwise be
unavailable to promptly, satisfactorily, and fully comply with the provisions specified and
referred to herein above, the City reserves the right to correct or mitigate any situation,
that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case
of noncompliance, by any means at its disposal at the Contractor's or permittee's
expense, and shall deduct the cost therefore from the Contractor's progress or final
payments. Such corrective action taken by the City shall not reduce or abrogate the
Contractor's legal obligations and liability for proper traffic control and safety measures
and shall not serve to transfer said obligations and liabilities from the Contractor to the
City or the City's agents.
V, Violations of any of the above Provisions or provisions of the referenced publications,
unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the
sole discretion of the City, be grounds for termination of the Contract, or shut down or
partial shut down of the work, without compensation to the Contractor or permittee, or
liability to the City, all as prescribed by contractual obligation or State law, whichever is
applicable.
Payment for traffic control shall include full compensation for, but not limited to, furnishing all
labor (including flagging costs), materials (including construction area signs), tools, equipment,
traffic control plans and revisions, and incidentals, and for doing all the work involved in the
preparation of Traffic Control Plans, placing, removing, storing, maintaining, moving to new
locations, replacing and disposing of the components of the traffic control including lights,
channelizers (surface mounted), delineators, temporary striping and pavement marking,
barricades, portable flashing beacons, flashing arrow signs, as shown on the Plans, as specified
in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Payment for traffic control shall be considered to be included in and distributed proportionately
through all of the contract items of work, and no additional compensation will be allowed.
DUST CONTROL,
Dust control shall be performed in accordance with Subsection 7 -8.1, "Clean up and Dust
Control," of the Standard Specifications, South Coast Air Quality Management District
(SCAQMD) Rule 403, the general Provisions and the following Provision.
Dust resulting from the Contractor's performance of the work, either inside or outside, the right -
of -way shall be controlled by the Contractor. Dust control includes the action necessary to
prevent, reduce or control dust within the work area as required to complete the work. The
Contractor shall carry out proper and efficient measures to prevent his operations from
producing dust in amounts damaging to property or causing a nuisance, or harm to persons
living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust
during the course of performing his maintenance operations or as a result of the contractors
operations. The methods to be used for controlling dust in the maintenance area shall be
approved by the City. The Rule 403 Implementation Handbook published by the SCAQMD,
contains a detailed listing of reasonably available dust control measures.
Dust or dirt accumulations generated by the Contractor's operations shall be cleaned and
removed by the Contractor from all areas as designated by the City. Areas to be cleaned shall
include, but not be limited to swimming pools, interiors of any structures including residences
and places of business, exteriors of any structures including roofs, patios, driveways, and any
other areas as required. The Contractor shall retain a professional cleaning service for the
cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning
and removal of dust or dirt shall be at the Contractor's expense and no additional compensation
will be made therefore.
Water for use in dust control shall, at the option of the Contractor, be potable or non - potable.
Non - potable water shall consist of reclaimed waste water or non - potable water developed from
other sources.
If the Contractor uses reclaimed waste water in the work, the sources and discharge of
reclaimed waste water shall meet the California Department of Health Services Water
Reclamation Criteria and the Regional Water Quality Control Board requirements. The
Contractor shall obtain either a waste water discharge permit or a waiver from the Regional
Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality
Control Board shall be delivered to the engineer before using reclaimed waste water in the
work.
All equipment used for the application of water shall be equipped with a positive means of shut-
off.
No adjustment of compensation will be made for any increase or decrease in the quantity of
dust control required, regardless of the reason for such increase or decrease.
The full compensation for all direct and indirect costs incurred for work performed or materials
used to control dust resulting from the Contractor's performance of the work either inside or
outside the right -of -way shall be considered as included in the Contract prices paid for the
various Items of work involved and no additional compensation will be allowed therefore.
GENERAL LANDSCAPE MAINTENANCE SPECIFICATIONS
This specification establishes the standards for the maintenance of the landscaped areas for the
City of Lake Elsinore.
The Contractor's primary responsibility will be to maintain the landscape areas at the highest
(municipal) industry standards by integrating innovative and progressive techniques and to
follow the objectives as set forth In these specifications. Any instance of damage shall be
reported immediately to City Staff. .
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills
required to perform the landscape maintenance as set forth in this specification and in keeping
with the highest standards of quality and performance.
Maintenance. of the landscape shall include but not be limited to inspections, mowing, trimming,
pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de- thatching,
plant replacements, renovation, and clean -up of drainage facilities. It is the intent to schedule
maintenance to keep this site in a state of healthy vigorous growth.
Irrigation maintenance shall include inspections, operation of the systems, adjustments, repairs,
modifications, improvements, testing, analysis, and other work as needed.
The Contractor will submit a Maintenance Schedule which includes, but is not limited to: minor
tree pruning, aeration, thatching, insecticides /herbicide application, and application of all
fertilization of trees, shrubs, ground cover and turf bi annually.
TREES
A. General Tree Maintenance
The Contractor shall be responsible for the general tree maintenance in the specific landscape
areas including; trimming and pruning, adequate watering, fertilizing, staking, removal of fallen
leaves and branches, removing suckers, raising suckers, raising skirts and protection against
pests.
B. Pruning
1. All trees are included in required trimming operations. The Contractor shall not be
responsible for any trimming operations above (12') twelve feet.
2. Topping of trees will not be permitted. All tree trimming operations above twelve (12) feet
shall be the responsibility of the City or accomplished through extra work. This will also
include stump grinding.
3. Tree pruning shall be performed based on the following categories with the intent of
developing structurally sound trees symmetrical in appearance with the proper vertical
and horizontal clearance. All pruning and trimming operations shall be in
accordance with ISA Standards.
w All trees shall be trimmed, shaped and thinned at least once per year.
b. All dead and damaged branches and limbs shall be removed at the point of
breaking at the time breakage occurs.
c. All trees shall be trimmed and shaped to provide a symmetrical appearance typical
of the species.
d. All suckers and sprouts shall be cut flush with the trunk or limbs.
e. All structural weaknesses such as split crotch or limbs, or severe damage shall be
reported to City Representative.
f. Prune trees along sidewalks to allow eight (B) foot clearance for pedestrians and
twelve (12) feet above curb, gutters and streets for vehicular traffic.
g. Signs /lights shall be kept clear at all times.
h. Under no circumstances will stripping of lower branches be permitted. Lower
branches shall be retained in a "tipped back" or pinched condition.
4. Special emphasis shall be placed upon public safety during pruning operations,
particularly when adjacent to roadways.
5. All trimmings and debris shall be removed and disposed of off site at the end of each
work day.
C. Fertilization
1. Ailing or stunted trees, which fail to meet expected growth, will receive additional
treatments to correct deficiencies.
2. Contractor shall be responsible for applying all insecticides /fungicides to prevent or
control diseases.
D. Staking and Tying
1. Trees that shall be staked fall into these categories (at contractor's expense):
a. Replacement of missing or damaged stakes where the tree diameter is less than
three inches.
b. in those cases where tree has been damaged and requires staking for support.
c. For new trees or recently planted trees that have not previously been staked.
2. Contractor shall use WIT" twist brace ties and /or cinch ties (4 cinch ties per tree).
3. Ties shall be placed and checked regularly to avoid girdling and damage to trees and so
that no chaffing of the bark occurs.
4. Contractor shall use scaffold staking where applicable.
5. New and replacement ties and stakes shall be the responsibility of the Contractor at no
additional cost to the City.
E. Tree Removal
All dead trees or trees which are downed by either natural or unnatural causes, shall be
removed and disposed of off -site by the Contractor. All stumps shall be ground to 12" below
grade with wood chips raked level to fill hole. Trees which have died due to mistake or
negligence of the contractor will be replaced at the contractor's expense. All other dead or
unhealthy trees will be replaced upon written approval of the City. In this case the contractor
shall provide labor and the approved tree. The City will reimburse the contractor for the plant
material only full compensation for all direct and indirect costs incurred for work performed used
to remove other dead or unhealthy trees shall be considered as included in the Contract prices
paid for the various items of work involved and no additional compensation will be allowed
therefore.
SHRUB GROUND COVER and VINE MAINTENANCE
All planters, shrub and ground cover areas shall be kept weed free at all times by chemical
and/or mechanical means. All pesticides are to be applied by a licensed pest control operator.
Contractor shall use only weed control products recommended by a Licensed Pest Control
Advisor (PCA). Any and all litter will not be allowed to accumulate and shall be removed on a
weekly basis or as requested by City Staff. All clippings can be disposed of at the City
Maintenance yard. All shrubs, vines and ground covers shall be fertilized four (4) times yearly at
the rate of 2 lb. N /1000 sq. ft. NOTE: Fertilizer shall be equal to or the same as the following:
Best "Turf Supreme" 16 -6 -8.
SHRUB MAINTENANCE
A. Pruning
1. Shrubs shall be pruned as required for safety, removal of broken and diseased
branches, general containment and appearance and to allow for optimal irrigation
coverage.
2. Keep shrubs pruned back from all controller units, valve boxes, quick couplers, or other
appurtenances or fixtures.
3. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly
contain their size with respect to species, size of planters and the best health of the plant
and /or as described in the frequency schedule. Restrict growth area to behind curbs and
sidewalks, to top of walls and fences, and a minimum of two feet (2) from all private
residences where applicable.
4. Prune shrubs to retain as much of the natural informal appearances as possible,
consistent with intended use.
5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat
appearance.
6. Remove any spent blossoms or dead flower stalks as required to present a neat
appearance.
7. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle
sight distance depending upon roadway topography.
B. Pruning Schedule
Shrubs shall be pruned and trimmed as needed or as requested by the City Representative.
Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be
maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to
encroach on same.
In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and
trails to prevent encroachment onto private property and to remove dead, damaged or diseased
plant material.
C. Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of shrubbery lost
due to the contractor's faulty maintenance or negligence, as determined by City Representative.
All other dead or unhealthy plants whether natural or unnatural causes will be replaced upon
written approval of the City. In this case the contractor shall provide labor and the approved
plant. The City will reimburse for the plant material only. Replacement of shrubs will be in
accordance with the City of Lake Elsinore Standard Plans.
D. Fertilization
Contractor shall use a balanced fertilizer in shrub areas as requested in the frequency schedule
or as directed by City maintenance staff.
E. Cultivation and Mulching
The Contractor shall cultivate around shrub areas and tree wells sufficiently and often enough to
maintain a weed free environment and maintain existing irrigation and drainage ditches. Mulch
is also required to be applied in all open dirt areas and /or around trees as required by the
landscape inspector (mulch will be supplied or paid for by the City).
F. Irrigation (Deep Soakin
Deep Soaking shall be defined as the application of sufficient quantities of water to maintain
reasonable health vigor of plants. Basin modifications may be required. Quantities of water
shall be sufficient to allow for deep water penetration and encouragement of deep rooting of the
plants,
VINES
A. General
Vines and espalier plants shall be checked and retied as required. Secure vines with
appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Pruning of vines will be in accordance with good horticulture practices.
4. Vines shall be trimmed as required for safety, disease, general containment, appearance
or as directed by City Representative.
GROUND COVER
A. General
1. Trim ground cover adjacent to walks, walls and /or fences as required for general
containment to present a neat, clean appearance.
2. Cultivate and /or spray approved herbicide to remove broad - leafed and grass weeds as
required. Remove weeds by chemical or mechanical means as approved by City
Representative.
3. Prevent soil compaction by cultivating regularly all ground cover areas.
4. Every effort shall be made to remove litter from all areas on a regular basis and not less
than once per week.
5. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers,
or other appurtenances or fixtures. Do not allow ground cover to grow up the trunk of
trees, into shrubs, on structures or walls unless directed by City Representative. Keep
trimmed back approximately 4 inches from structure or walls.
6. Bare soil area shall be cultivated a minimum of once per month and /or mulched as
directed by City Representative (mulch will be supplied or paid for by the City).
PLANT ADDITIONS AND /OR REPLACEMENTS
As part of this agreement, the Contractor may be requested to replace damaged or destroyed
trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work by the
City unless otherwise specified within these specifications. Exceptions will be replacements due
to Contractor's neglect. This will be determined by City Representative,
GUARANTEE Al REPLACEMENT POLICY
All new plant material and irrigation installation shall be guaranteed for a period of one calendar
year except due to "Acts of God, "i.e., damage or death of plant material due to wind or storm,
or vandalism, theft, or other willful acts over which the maintenance contractor has no control.
Existing plants shall be replaced by Contractor if they die due to Contractor's negligence at
contractors expense.
TURFGRASS
A. General
1. Watering:
A regular, deep watering program shall be accomplished to give the best results. The
established turf should not be kept moist but should dry out somewhat between
watering. Allow turf to dry out before mowing.
2. Aeration:
Mechanically aerate all turf areas as required or as directed by City Representative to
reduce compaction /stress conditions, which will offer greater water penetration and
reduce runoff. In those areas when soil condition is poor, top dress may be required by
City Staff. When top dressing is required, the Contractor shall submit a request for extra
work which must be approved by City Representative before work is scheduled.
Use a plug aerator with '/2 inch tines. Any areas that show excessive compaction shall
receive additional treatment as required to alleviate this condition. Remove sod plugs.
The scheduling of aeration will be recorded on the Maintenance Schedule and shall be
performed as needed or as requested by a City representative.
3. Mowing:
All turf areas shall be mowed on a minimum of a weekly basis '(Mar- Oct)'and during cool
season shall be done biweekly (Nov.- Feb.). Minimum height of turf is be two and one
half inches (2 ' / ") for Fescue and one and one half inches (1 '' / ") for Bermuda. Avoid
removing more than one -third of the leaf area blade at any one time. All clippings shall
either be caught or vacuumed from turf areas. Clippings can be disposed of at the City
Maintenance yard. Care shall be exercised during the mowing operation to prevent
damage to trees and other obstacles located within the turf areas such as electrical
boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns shall be
used whenever possible to prevent wheel ruts in turf areas. if ruts are made, contractor
will make repairs at his or her own expense.
4. Trimming and Edging:
Trim around walls, buildings, curbs, sidewalks, header boards, valve boxes, quick
couplers,, and paved areas on a weekly basis to present a neat, clean appearance.
Chemically edge (tree well) around trees within an 18" radius from the trunk using care
not to damage tree, tree trunk or roots. At no time will chemical edging be allowed on
anything other than tree wells unless directed otherwise in writing by a City
Representative.
5. Refurbishment of Turf grass:
Turf areas that thin out due to contractor's negligence will. be reseeded with an
approved grass seed to restore thinning areas. Coordinate with City Representative.
This will not be considered extra work. In the winter months the City Representative may
require sod.
6. Weed Control: