HomeMy WebLinkAbout1990-12-11; City Council; 10935; Award of landscape median maintenance contractGIT* OF CARLSBAD — AGENDA BILL
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TITLE: ANNUAL AWARD FOR LANDSCAPE MEDIAN
MAINTENANCE
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RECOMMENDED ACTION:
Staff recommends Council adopt Resolution No.awarding the annual contract for
Landscape Median Maintenance to New Way Landscape Maintenance, Inc., with the option to renew
for three additional one (1) year periods.
ITEM EXPLANATION
At the present time, there are approximately 22 acres of landscape medians that the City maintains.
The Parks Department has determined it is more economical for an independent contractor to
maintain the City's landscape median areas than for City crews to perform this service.
Specifications for landscape median maintenance were developed by the staff of the Parks
Department. In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was
published and Request for Bids was mailed to fifteen contractors. Seven responses were received,
opened, witnessed and recorded on November 27, 1990. The lowest most responsive bid was
submitted by New-Way Landscape Maintenance, Inc., 7966 "C" Arjons Drive, San Diego CA 92126,
for an annual sum of $48,060.
FISCAL IMPACT
The Median Maintenance Assessment District has budgeted money for this program. Unencumbered
funds, in the amount of $65,000, are available in Account Number 1 61 -840-41 23-2490 for services
costing $48,060.
EXHIBITS
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3.
Resolution No.
Tabulation of Bids - Exhibit "A"
Landscape Median Maintenance Agreement - Exhibit "B"
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Resolution No. 90"426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR LANDSCAPE MEDIAN
MAINTENANCE
Be it Resolved by the City Council of Carlsbad, California as follows:
1. That the bid of New-Way Landscape Maintenance, Inc., 7966 "C" Arjons Drive, San
Diego CA 92126 is hereby accepted for the period of one year beginning January 1, 1991, with
the option to renew for three (3) additional one (1) year periods, with revised contract price set
by mutual agreement of the parties.
2. That the Mayor of the City of Carlsbad is hereby authorized and directed to
execute an agreement, a copy of which is attached hereto marked Exhibit "B", for and on behalf
of the City of Carlsbad.
Passed, Approved and Adopted at a Regular Meeting of the City Council of the City of
Carlsbad on the Uthday of December 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
A. LEWIS, Mayor
ATTEST:
ALETHA L RAUTENKRANZ, City Clerk
(SEAL)
Tabulation of Bids
LANDSCAPE MEDIAN MAINTENANCE
BID NO. 12
Exhibit "A"
VENDOR
Landscape Inc.
P.O. Box 81 7
San Marcos CA 92079
L Williams Landscape Inc.
1338 N. Melrose Ste M
Vista Ca 92083
Heavilan Enterprises Inc
2525 Pioneer Ave
Vista CA 92083
New-Way Landscape Maint. Inc.
7966 "C" Arjons Dr
San Diego CA 9212$
Steven Smith Landscape Inc.
1265 Felicita Lane
Escondido CA 92029
J. & R Landscape Maintenance
41 34 Indus Way
Riverside CA 92503
PAC West Land Care Inc.
1 1 43 Golden Road
Encinitas CA 92024
BID
$91 ,800
$84,000
$53,460
$48,060
$68,340
$69,948
$89,892
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into this day of.
19 , by the CITY OF CARLSBAD, a municipal corporation, hereinafter called
the "City" and New-Way Landscape Maintgnanro Inr.
hereinafter called the "Contractor".
WITNESSETH
A. RECITALS
(i) City has determined that it may most economically provide for
maintenance of the City's landscape median areas listed on exhibits "A" and
"B" if an independent contractor performs the maintenance work.
(ii) This agreement is to provide for the performance of this maintenance
work by Contractor and to define the rights and obligations of the parties.
B. AGREEMENT
THEREFORE, it is agreed between the parties as follows:
1. In consideration of the sum of U8.060.00 , to be paid to
Contractor by City in twelve (12) equal installments of $4,065.. the
Contractor will:
a. Take responsibility for the performance of all work described in
this agreement.
b. Provide all labor and materials, except where otherwise
indicated in this agreement, and supervise the performance of
the work.
c. Furnish a supervisor and make every effort to keep him on the
job at all times.
d. Comply with all laws, ordinances, rules, and regulations of
government authorities, federal, state and local, including
Worker's Compensation and Immigration Reform and Contract
Act of 1986, pertaining to the performance of the work.
f. Perform all work necessary and incidental to the orderly
performance of the work.
REV 10/30/90
2. Time of Commencement
Contractor shall commence performance of work within fifteen (15) working
days after the agreement is signed by the Mayor.
3. Schedule of Work
Regularly Scheduled. Regularly scheduled work is outlined in this
agreement. Work hours shall be between 7:30 and 4:30_, Monday
through Friday, except holidays.
Contractor agrees to perform additional unscheduled maintenance
work not mentioned in specifications as necessary to maintain the
grounds in the standard desired by the City, not to exceed five (5) work
hours per week, including emergency call outs.
4. Work Scheduling and Inspection
a. Scheduling. Contractor's supervisor shall prepare monthly work
schedules and review them with the Director of Parks and Recreation
or his designated representative.
b. Communications. Contractor's supervisor shall visit the Parks and
Recreation Department daily to obtain messages or instructions from
the Director of Parks and Recreation or his designated representative.
Contractor shall supply, and City shall use, a work request form to
insure proper documentation of requests.
c. Inspections. A general inspection each month with the Director of
Parks and Recreation or his designated representative and the
contractor's supervisor shall be made during the first week of every
month.
5. Compensation and Billing
City agrees to pay contractor a total contract price of $48,060.00 dollars in
monthly installments of $ 4,065 dollars.
Monthly invoice should be submitted after service is provided. Payment for
service shall be made within first half of the month following the month in
which satisfactory services were rendered and after monthly inspection.
6. Contractor's Local Headquarters
Contractor shall maintain adequate office and storage facilities for the
REV 10/30/90
performance of this agreement. Such facilities shall be located within a 25
mile radius of the City. Contractor shall show proof of such facilities at bid
opening.
7. Emergency Call Out Procedures
Within fifteen (15) working days after the date of this agreement, Contractor
shall submit to Director of Parks and Recreation or his designated
representative for approval, a procedure to provide for emergency response
on nights, weekends, and holidays.
8. Future Adjustments to Contract Prices and Work Quantity
Prior to June 1st of each year, City shall give contractor a tentative list of
additions to facilities to be maintained under this agreement and any proposed
increases or decreases in the quantity of work to be performed. Based on list,
contractor shall submit to City within thirty (30) days after receipt of list a
proposed, revised schedule. Revised contract price shall be set by mutual
agreement of the parties by August 15th. If both parties agree upon revised
price, they shall become an addendum to this agreement and shall take effect
October 15th.
Prior to October 15th, the scope of the maintenance may be increased using
the change order procedures described in Carlsbad Municipal Code section
3.28.172.
9. Termination
Notwithstanding the agreement term described in paragraph 20, this
agreement may be terminated with or without cause by either party at any
time upon ninety (90) days written notice to the other party.
10. Hold Harmless and Indemnify
The City, its agents, officers and employees shall not be liable for any claims,
liabilities, penalties, fines or any damage to goods, properties or effects of any
person whatever, nor for personal injuries or death caused by, or resulting
from, or claimed to have been caused by, or resulting from, any act or
omission of Contractor or Contractor's agents, employees or representatives.
Contractor agrees to defend, indemnify, and save free and harmless the City
and its authorized agents, officers, and employees against any of the foregoing
liabilities or claims of any kind and any cost and expense that is incurred by
the City on account of any of the foregoing liabilities, including liabilities or
claims by reason of alleged defects in any plans and specifications, unless the
liability or claim is due, or arises out of, solely to the City's negligence.
REV 10/30/90
11. Status of the Contractor
The Contractor shall perform the services provided for herein in Contractor's
own way as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of the City. Contractor shall be
under control of the City only as to the result to be accomplished but shall
consult with the City as provided for this agreement.
The Contractor is an independent contractor of the City. The payment made
to Contractor pursuant to this contract shall be the full and complete
compensation to which Contractor is entitled pursuant to this contract. The
City shall not make any federal or state tax withholdings on behalf of the
Contractor. The City shall not be required to pay any workers' compensation
insurance on behalf of the Contractor. The Contractor agrees to indemnify
the City for any tax, retirement contribution payment which the City may be
required to make on behalf of Contractor or any employee of Contractor for
work done under this agreement.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply with
those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are
included in this agreement.
12. Assignment of Contract
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
13. Sub-Contracting
If the Contractor shall sub-contract any of the work to be performed under
this contract by the Contractor, Contractor shall be fully responsible to the
City for the acts and omissions of Contractor's sub-contractor, as Contractor
is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this contract shall create any contractual relationship
between any subcontractor of Contractor and the City. The Contractor shall
bind every sub-contractor and every sub-contractor of a sub-contractor by the
terms of this contract applicable to Contractor's work unless specifically noted
to the contrary in the sub-contract in question approved in writing by the City.
REV 10/30/90
14. Prohibited Interest
No official of the City who is authorized in such capacity on behalf of the City
to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of any architectural, engineering inspection,
construction or material supply contractor, or any sub-contractor in connection
with the construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer,
employee, architect, attorney, engineer or inspector of or for the City who is
authorized in such capacity and on behalf of the City to exercise any executive,
supervisory, or other similar functions in connection with the performance of
this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
15. Verbal Agreement or Conversation
No verbal agreement or conversation with any office, agent, or employee of
the City, either before, during, or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained nor such
verbal agreement or conversation entitle the Contractor to any additional
payment whatsoever under the terms of this contract.
16. Successors or Assigns
Subject to the provisions of paragraph (10), Hold Harmless Agreement, all
terms, conditions, and provisions hereof shall insure to and shall bind each of
the parties hereto, and each of their respective heirs, executors,
administrators, successors, and assigns.
17. Liability Insurance and Workers' Compensation
Without limiting Contractor's indemnification, it is agreed that Contractor shall
maintain in force at all times during the performance of this agreement a
policy or policies of liability insurance at least $1,000,000.00 combined single
limit covering its operations, including coverage for contractual liability and
insurance covering the liability set forth here.
The policy or policies shall contain the following clauses:
A. "The City is added as an additional insured as respects operations of
the named insured performed under contract with the City."
B. "It is agreed that any insurance maintained by the City shall apply in
excess of and not contribute with, insurance provided by this policy."
REV 10/30/90
All insurance policies required by this paragraph shall contain the following
clause:
A. "This insurance shall not be canceled, limited, or non-renewed until
after thirty (30) days written notice has been given to the City."
B. "The insurer waives any rights of subrogation it has or may have,
against the City or any of its officers or employees."
Contractor shall comply with the requirements of Section 3700 of the
California Labor Code. Contractor shall also assume the defense and
indemnify and save harmless the City and its officers and employees from all
claims, loss, damage, injury, and liability of every kind, nature, and description
brought by any person employed or used by Contractor to perform any work
under this Contract regardless of responsibility for negligence.
Certificates of insurance evidencing the coverages required for liability
insurance and workers' compensation shall be filed with the City prior to the
effective date of this agreement.
Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees, or subcontractors.
If the insurance is on a "claims made" basis, coverage shall be maintained for
a period of three years from the date of completion of the work. The cost of
such insurance shall be included in Contractor's bid. The insurance company
or companies shall meet the requirements of City Council Resolution No. 89-
387.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73)
covering Comprehensive General Liability; and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; and
2. Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, Code 1 "any auto"; and
3. Workers' Compensation as required by the Labor Code of the
State of California and Employers' Liability Insurance.
REV 10/30/90
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. Comprehensive General Liability: $1,000,000 combined single
limit per occurrence for bodily injury and property damage. If
the policy has an aggregate limit, a separate aggregate in the
amounts specified shall be established for the risks for which the
City or its agents, officers, or employees are additionally
insured.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the Labor Code of the State
of California and Employers' Liability limits of the $1,000,000
per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions 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 retentions as
respects the City, its officials and employees, or the Contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages:
a. The City, its officials, employees, and volunteers are to be
covered as insured as respects: liability arising out of
activities performed by or on behalf of the Contractor;
products and complete operations of the Contractor;
premises owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City,
its officials, employees, or volunteers.
REV 10/30/90
b. The Contractor's insurance coverage shall be primary
insurance as respects the City, its officials, employees, and
volunteers. Any insurance or self-insurance maintained by
the City, its officials, employees, or volunteers shall be in
excess of Contractor's insurance and shall not contribute
with it.
c. Any failure to comply with reporting provisions of the
policies shall affect coverage provided to the City, its
officials, employees, or volunteers.
d. Coverage shall state that Contractor's insurance shall apply
separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employers' Liability Coverages:
The insurer shall agree to waive all rights of subrogation against
the City, its officials, employees, and volunteers for losses arising
from work performed by Contractor for the City.
3. All Coverages
Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested,
has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Bests' rating of no less than A: V
as specified by City Council Resolution No. 89-387.
F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and
endorsement for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates of
endorsements are to be in forms provided by the City and are to be received
and approved by the City before work commences.
REV 10/30/90 8
G. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated
herein.
18. Acceptance of Public Facilities "As Is"
Contractor acknowledges having examined the public facilities to be
maintained pursuant to this agreement and accepts them "as is". No changes
in the accepted conditions of the facilities shall be made by contractor without
prior approval of the Director of Parks and Recreation.
19. City Permits
The Contractor must have a current City business license. Bidders are advised
to consult the Business License Supervisor as to the exact cost of such license
if not currently licensed.
20. Term
This agreement shall extend for a period of one (1) year. By mutual assent,
the parties may extend this agreement for three (3) additional one (1) year
periods for a total period of four (4) years upon satisfactory performance, and
the consideration shall be determined by the methods described in paragraph
8.
21. Regularly Scheduled Work
a. Irrigation. All plants and turf shall be provided with sufficient
irrigation water to maintain a healthy appearance and condition.
Water and irrigation system will be provided by City. Contractor shall
control clock programming and hand watering schedule in a manner
that will not cause unnecessary water run-off or ponding. Schedules
will be prudently adjusted so as to not waste water. Irrigation will not
normally be performed during daylight hours on areas where the
systems are automatically controlled. Any exceptions shall be approved
by the Director of Parks and Recreation or his designated
representative, prior to watering. During rainy periods, it shall be the
Contractor's responsibility to secure irrigation systems. City will notify
Contractor of any special events to take place on park areas and
Contractor shall adjust irrigation schedule so as to not disrupt events.
Newly planted trees should be manually watered as necessary.
REV 10/30/90
b. Irrigation Systems Maintenance. Contractor shall trim around, clean
and adjust all sprinkler heads as necessary to ensure proper
performance. Contractor is also responsible for maintenance of
automatic sprinkler systems, including a monthly test activation of the
system.
c. Irrigation Systems Repair. Contractor is responsible for making repairs
to the irrigation system as follows:
1) All minor repair labor.
2) Up to $50.00 per month of repair parts, with parts valued at
Contractor's actual cost.
3) Major repairs if Contractor submits an estimate to city within
five (5) working days and City agrees to the cost of repair. The
City reserves the right to make major repairs in any manner it
chooses if City does not accept the cost estimate, or Contractor
does not submit an estimate, or Contractor does not submit an
estimate within five 95) working days.
All repairs to the system shall be made according to the original detail.
d. Turf Mowing, Edging, and Trimming. All turf areas shall be mowed,
edged, and trimmed at least weekly during the months of March
through November, and bi-weekly during the months of December
through February, weather permitting. The height of the grass shall be
maintained at a height one inch (1") to two inches (2"), depending on
the type of grass and the mowing seasons. During heavy growth
seasons or for special events, extra mowing may be ordered by the
Director of Parks and Recreation or his designated representatives, and
performed by Contractor at no additional cost to City. Turf shall be
swept, vacuumed or otherwise cleaned to maintain a neat appearance
at all times.
e. Walks. Curbs, and Courts. All sidewalks, curbs, courts, and
miscellaneous asphalt and concrete surfaces shall be washed or swept
once a week. Any debris that is caused by the Contractor shall be
thoroughly cleaned at once.
f. Planters and Ground Covers. All planters and ground cover areas shall
be kept free from debris and weeds at all times. These areas shall be
cultivated and weeded at not more than ten (10) working day intervals.
These areas shall also be edged weekly and any debris generated by
this operation shall be removed immediately.
REV 10/30/90 10
g. Trimming and Pruning. All shrubs and plants shall be kept pruned and
trimmed in accordance with good horticultural practices. All trees shall
be kept clear of sidewalks, paths and roadways by minor trimming. It
the Contractor feels that major trimming is necessary, he must notify
the Director of Parks and Recreation or his designated representative
before proceeding.
h. Fertilizing. All turf areas shall be fertilized a minimum of four (4)
times a year or as is necessary to maintain a healthy appearance and
condition. Fertilizer material tags shall be submitted to the Director
of Parks and Recreation or his designated representative for approval
before application. All plants and trees shall be fertilized and treated
as necessary to maintain a healthy condition and appearance.
Fertilizer shall be provided by Contractor.
i. Weed, Pest, and Disease Control. All turf areas, planters, beds, trees,
and tree wells shall be kept clear and free of all weeds, pests, and
diseases at all times. Methods and materials used to accomplish this
objective are subject to approval by the Director of Parks and
Recreation or his designated representative but are supplied by
Contractor.
j. Reseeding. Any turf area shall be reseeded as required by the
Director of Parks and Recreation or his designated representative, at
Contractor's expense, as a result of negligence by Contractor. When
reseeding, materials and horticultural practices used are subject to
inspection and approval by Director of Parks and Recreation or his
designated representative.
k. Tree and Shrub Replacement. Contractor shall replace, at his expense,
any trees, shrubs, turf, or ground cover which die as a result of
Contractor's negligence. City shall replace any trees, shrubs, turf, or
ground cover which die for reasons other than Contractor's negligence.
Size of trees and shrubs shall be determined by Director of Recreation
or his designated representative; ground cover shall be from flats.
1. Traffic Controls. Contractor shall provide and display all safety devices
and traffic controls at all times when working in the public right-of-way.
All Contractor's employees shall be attired in approved safety gear at
all times and traffic control shall be as outlined by the Director of
Parks and Recreation. Failure to do so will result in an immediate
shutdown of activity by the City. Any work not accomplished as a
result of this shutdown shall be performed at another time with proper
safety devices at no additional expense to the City.
REV 10/30/90 11
m. Safety. All equipment and machinery utilized by the Contractor while
performing work for the City shall be equipped and operated in such
a manner so as to conform to all applicable laws and regulations,
including, but not limited to Cal-OSHA, concerning safety and
operations.
n. Turf Aeration and Thatching. Turf areas shall be aerated and thatched
in accordance with good horticulture practices. If the Contractor feels
that a major renovation is needed, he shall notify the Director of Parks
and Recreation or his designated representative prior to proceeding.
o. Miscellaneous Items.
1) All grass and shrub clippings and any other debris generated by
the Contractor's activities shall be removed and properly
disposed of by the Contractor at his expense.
2) Dust or nuisance conditions occasioned by Contractor's work
shall be alleviated immediately.
3) Each of Contractor's working crews shall have a responsible
leadperson who may represent Contractor to discuss work
results with the Director of Parks and Recreation or his
designated representative.
4) Contractor shall be responsible for keeping curb, gutter, and
hardtop areas free of weeds and debris.
5) All of Contractor's personnel performing the work of this
contract shall maintain appearance and uniforms in a manner
acceptable to City standards.
REV 10/30/90 12
Executed this
Contractor:
6) Large trash items shall be picked up by Contractor prior to
moving.
day of , 19 .
(name of Contractor)
By:
(sign here)
(print name here)
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
MAYOR
ATTEST:
Aletha L. Rautenkranz, City Clerk
(Title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgement of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By:
Deputy City Attorney
REV 10/30/90 13
CITY OF CARLSBAD
MEDIAN MAINTENANCE AREAS
Carlsbad Boulevard, from Cannon Road north to City limit (2.39 acres)
Grand Avenue, from Carlsbad Boulevard east to Roosevelt Street (.12 acres)
Elm Avenue, from Carlsbad Boulevard east to 1-5 (.73 acres)
El Camino Real, from Haymar Drive south to Alga Road (6.85 acres)
AJga Road, from Mimosa east to Melrose (2.5 acres)
Rancho Santa Fe Road, from La Costa Avenue west to Rancho Santa Fe Road (Olivenhain
Road) (1.51 acres)
Palomar Airport Road, from Camino vida Robles west to Paseo Del Norte (1.23 acres)
Paseo Del Norte. from Palomar Airport Road north to Cannon Road (.5 acres)
Cannon Road, from 1-15 to Car Country Drive (.66 acres)
Poinsettia Lane, from 1-5 east to end (.91 acres)
College Boulevard, from Palomar Airport Road north east to El Camino Real (4.1 acres)
Avenida Encinas. from Poinsettia south to end of shopping complex (.40 acres)
Melrose. from Alga Road south to Rancho Santa Fe Road (.50 acres)
NOTE: All acreages above are approximate. It would be advised all bidders examine the
locations of the proposed work and the actual conditions and requirements of the
work and shall make proposals based upon their examination and evaluation of
actual conditions.