Agenda Packet — Salinas City Council, October 8, 2024 (part 2 of 6)

Version: January 2021
AMENDMENT NO. 1 TO
Mira Monte, Airport, and Woodside Maintenance District

AGREEMENT BETWEEN
BRIGHTVIEW LANDSCAPE SERVICES, INC., AND CITY OF SALINAS This Amendment No. 1 to the Mira Monte, Airport, and Woodside Maintenance District Agreement is entered into this 8
th day of October 2024, by and between the City of Salinas (the “City”) and Brightview Landscape Services, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Contractor first entered into an agreement for Mira Monte, Airport, and Woodside Maintenance District effective June 18, 2024, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation for unscheduled/extra work (the “Agreement”); and WHEREAS, pursuant to Resolution #-No. 23010 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the Mira Monte, Airport, and Woodside Maintenance District; and
WHEREAS, on October 8, 2024, the city amends this contract to allow unscheduled/extra work to be included to the annual compensation not to exceed amount of $69,019.00 per the contract agreement as well as granting the city manager authorization to execute all future amendment cost increases to this agreement.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The total amount of compensation to be paid under the Agreement is hereby increase by $15,700 for a total amount of compensation not to exceed $84,719.

2. All other terms and conditions of the Agreement not specifically amended herein shall remain in full force and effect as originally written and are fully incorporated herein by this reference.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Docusign Envelope ID: 519168B2-9BAD-43E2-807F-C95EF271A227

Page 2 of 2 ends

Version: January 2021
Brightview Landscape Services, Inc.
____________________________________
Printed name: ________________________
Title: ________________________________
Docusign Envelope ID: 519168B2-9BAD-43E2-807F-C95EF271A227 VPGM
Brandon Steene
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-513, Version: 1
Amendment No. 1 to the Service Agreements for On-Call Streetlight Repair with Bear Electrical Solutions, LLC and St. Francis Electric, LLC
Approve a Resolution authorizing the City Manager to execute Amendment No. 1 to the Agreements for Services with Bear Electrical Solutions and St. Francis Electric for on-Call Streetlight services to increase the compensation by $50,000 for a revised not to exceed amount of $100,000 for each agreement.

City of Salinas Page 1 of 1 Printed on 10/3/2024
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: MARCOS QUINTERO, STREET MAINTENANCE MANAGER
TITLE: AMENDMENT NO. 1 TO THE SERVICE AGREEMENTS FOR ONCALL STREETLIGHT REPAIR WITH BEAR ELECTRICAL SOLUTIONS, LLC. AND ST. FRANCIS ELECTRIC, LLC.

RECOMMENDED MOTION:

A motion to approve a resolution authorizing the City Manager to execute Amendment Number 1 to the Agreements for Services with Bear Electrical Solutions and St. Francis Electric for on-Call Streetlight services to increase the compensation by $50,000 for a revised not to exceed amount of $100,000 for each agreement.

EXECUTIVE SUMMARY:

Due to continuous issues regarding streetlights and the upkeep needed, the Public Works department has reached the $50,000 not to exceed amount for on-call streetlight repair services.

Staff is recommending increasing the contract by $50,000 for a new not to exceed amount of $100,000 for each contract. Increasing both contracts by the same amount allows the City the flexibility to use either contractor. However, the City will not approve services provided by both contractors beyond the not to exceed amount of $100,000.

BACKGROUND:

In October 2023, the City posted a request for qualifications (RFQ) for interested On-Call Streetlight Maintenance Contractors on PlanetBids. After review of the submittals, Bear Electrical Solutions, LLC. and St. Francis Electric, LLC were both selected.

On December 5, 2023, Council awarded the On-Call Streetlight Maintenance Agreements to Bear Electrical Solutions, LLC and St Francis Electric, LLC for a two-year period (December 5, 2023, to December 5, 2025) with a not to exceed amount of $50,000 each per Resolution No. 22850 (N.C.S.). Currently the Public Works Department has come close to exhausting the original $50,000 for each Agreement and is requesting the City Council approve an increase of an additional $50,000 for each agreement for a total not to exceed amount of $100,000 for each contract.

Page | 2
CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No, this item does not apply to California Government Code §84308/Levine Act.

STRATEGIC PLAN INITIATIVE:

This item relates to the current City Council Goal of Infrastructure and Environmental Sustainability. An increase in the compensation for the Master Service Agreements will contribute towards the efficient and effective process to complete projects and emergency work that benefit the community.

DEPARTMENTAL COORDINATION:

Public Works department is working with the City Legal Department in the review process of the Amendments for the On-Call Contractors. The Public works Department is also working with the City Financial Department in the review of the financial portion of the Amendment and the midyear ask from General Funds for the difference needed.

FISCAL AND SUSTAINABILITY IMPACT:

Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
1000 50.5235-63.4900 Outside ServicesMaintenance &
Repairs - Others
$43,000 $100,000 329 6/11/24, 22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.

Currently there is $43,000 available to fund the requested compensation increase for streetlight repair and maintenance. Since this is a two-year agreement the remaining $57,000 would be requested in next year’s budget or requested during mid-year if the funds are needed.

Page | 3
ATTACHMENTS:

Resolution
Original Agreement – Bear Electrical Solutions, LLC.

Amendment – Bear Electrical Solutions, LLC.

Original Agreement – St Francis Electric, LLC.

Amendment – St. Francis Electric, LLC
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AMENDMENT TO THE AGREEMENTS FOR ON-CALL STREETLIGHT REPAIR AND MAINTENANCE WITH BEAR ELECTRICAL SOLUTIONS, INC. AND ST.

FRANCIS ELECTRIC, LLC.

WHEREAS, in October 2023, the City posted a request for qualifications for on-call streetlight maintenance services; and
WHEREAS, on December 5, 2023, the City Council awarded the On-Call Streetlight Maintenance Agreements to Bear Electrical Solutions, Inc. and to St. Francis Electric, LLC for a not to exceed amount of $50,000 each; and
WHEREAS, the City staff and Bear Electrical Solutions, Inc. desire to amend the agreement to increase the compensation by $50,000 for a total not to exceed amount of $100,000; and
WHEREAS, the City staff and St. Francis Electric, LLC. desire to amend the agreement to increase the compensation by $50,000 for a total not to exceed amount of $100,000; and WHEREAS, the City staff request the City Council to authorize the City Manager to execute Amendment No. 1 with Bear Electrical Solutions, Inc. and St. Francis Electric, LLC.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute Amendment No. 1 to increase the compensation to the services agreement with Bear Electrical Solutions, Inc. by $50,000 for a total not to exceed amount of $100,000 for the contract; and
BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute Amendment No. 1 to increase the compensation to the services agreement with St. Francis Electric, LLC. by $50,000 for a total not to exceed amount of $100,000 for the contract.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
Page | 2
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

Page 1 of 2 ends

Version: January 2021
AGREEMENT —AMENDMENT NO. 1 TO

ON-CALL STREETLIGHT MAINTENANCE SERVICES

BETWEEN
BEAR ELECTRICAL SOLUTIONS LLC. AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Services for On-Call Streetlight Maintenance (the “Amendment”) is entered into this 8th day of October 2024, by and between the City of Salinas (the “City”) and Bear Electrical Solutions, LLC., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Contractor first entered into a/an Agreement for Services for On-Call Streetlight Maintenance effective December 5, 2023, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Contractor desire to amend the Agreement to reflect the revised compensation to be paid to the contractor.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to amend the Agreement as follows:

TERMS

1. The total amount of compensation to be paid under the Agreement shall not exceed a total contract amount of $100,000 for the period of December 5, 2023, through December 5, 2025.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
BEAR ELECTRICAL SOLUTIONS, LLC.
____________________________________
Printed name: __Robert Asuncion________

Page 2 of 2 ends

Version: January 2021
Title: ___Vice President_________________

CITY BUSINESS

CONTRACT ROUTING FORM

SALINAS
fnseuc ons:
offr
ayor,
City buS ness re9a rd ess of a Iue are to be ro Uted throu Ih the ons nati nI Depa rtme nt F na nce De a rtmen t for Pu rchas com a nce and SI p ng pol cy p na re CW A I tory City ttorne CE for eva U ation to the
ys
contract form a nd the [,1 City Ma nager or a uthorIzed Department s s natory foI revlew a nd processIng Th s foTM sta nda rd zes that SS and s to be used as the cover sheet to ensu re the com ete revte a riate staff Pleas, route tract form and 'reements electronica until further notice e con Department Name
Staff Member Responsible for
Contract ("DSMR") Tel# 758-7275

RE UESTING DEPARTMENT
Francisco Aguilar
Public Works - Street Maintenance
Dept. Primary Point of Contact for
Contracts C'DPPC")
Tel# 758-7108

QONTRACTOR/VENDOR COMPANY INFORMATION
Contractor Name Bear Electrical Solutions Email
Contact Person Tel#
Address
Lindsa [email protected]
Lindsa Lo ez 408-449-5178
P.O. Box 924
Alviso Ca 95002

CONTRACT DESCRIPTION INFORMATION
Brief descri on
Purpose of Contract
Term of Contract Start Date L210s12023 End Date
RFP - On-Call Streetlight l4aintenance Services
72 05/202s
Contract Amount 50 000 Account No
Type of Funding E General Funds tr Grant Funds/Federal D Grant Funds/State tr Restricted Funds E Revenue Generatin tr Other:

Type of Contract
(Check all that apply)
tr Personal/Professional/Consultant
E Amendment/Renewal
tr Contract for Worksho Seminar
tr Non-Standard (Vendor-Generated
tem late
tr Goods/Materials and Devices
D Services - General
E Services - Repair 8y'or Maintenance
tr License Lease / Use of Facil tr Memorandum of Understandin s (Check all that are
attached)
tr Request for Proposal (usually an
attachment/exhibit to professional services
contract)
tr Bid Tabulation (Bid Opening results or
Quotes received formal or informal)
tr City Council Reso
E Original contract (Required for Routing
Amendments or Renewals)
tr Ceftificates of Insurance:
_GL Auto _ WC _ Other:

D Endorsements to Insurance
_ General Liability Additional Insured
_ Workers Comp Waiver of Subrogation
* Alternatively, if no attachment regarding purchasing
process complete this section:
tr Purchase of $30,000+ general purchases; pW
Projects $100,000+, adjusted to index annually, or
_ Informal Purchase quotes or bids obtained.
1) Vendor: _Quote:
2) Vendor: Quote: _
3) Vendor: _Quote:
_ Exception to Competitive Purchasing - Sole
Source Form (attached)
_ Exception to Competitive Purchasinq -
Cooperative Form (attached) (piggybacking
not authorized under existing City Code)
tr Bonds X Pa ent _X_ Peformance tr Warranties Sample Actual V. )anvary 2024
Page I ol 2
LI
contracts,
authorization legal as
lenny Davila
CiW, State, ziD
1000.50.5235-63.4900
tr Construction
Attachment
Checklist
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

CERTIFICATION & APPROVALS
Requesting DSMR, DCPP, and Depadment Head each cedify that he/she:
(1) has read the attached contract/agreement and that the requesting department will comply with all its requirements
(2) recognize that while Legal may review the contract from a legal and/or policy perspective, it is the requesting department's responsibility to ensure the business terms and specifications are sufficient and/or practical for departmental needs
(3) is responsible to monitor the contract for compliance, payment obligations, and to obtain effective evidence of insurance, and any required bonds at contract initiation.

PRINT NAME SIGNATURE Date
s/q/z"l 7
3'Y'z'1
Francisco Aguilar
Dept. Primary Point of
Contact for Contracts
9" 1- zr/ t ,f David lacobs
Department Head

FINANCE/ PURCHASING REVIEWED FOR COMPLIANCE
Point of Contacti Assistant Finance Director, Selina Andrews a Reviewed for
Compliance with City
Purchasing Code and
Policy
n Confirmed an
authorized signer (title
and name) is on contract
c&* 2 i{ l2\
Approved as to Form
Christopher Callihan
Comments respecting Contract being routed that may be helpful to reviews, notifications respecting non-approva Council approved
and/or recommendations for add itional City Departments to review (or attached memo):
ls,
Note: Please do not send the routing form or any comments or advice from the padies/contractor(s) when negotlating or corresponding. Those communications by forwarding them, you could be waiving that protective privilege, and/or doing City Attorney's Office to any third
may be attorney-client privileged, and
so could affect negotiations with a
third party. Further Note: If contractor requests an originally executed contract two (2) contract originals must attached to the C Business Contract Routi Form of a two- contract V. lanuary 2024
Dept. Staff Member
Responsible for
Contract
L/,"* O,1. Jenny Davila
Selina Andrews
LEGAL
Pag€ 2 of2
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 3/24/2024 | 11:06
"Contractor").

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
l Scooe. Contractor hereby agrees to provide to the City, as the scope ofservices under this Agreement, services related to On-Call Streetlight Maintenance It is understood by City antl Contractor that Contractor performs or secures the performance of On-Call Streetlight Muint"n*"" and related services for the City on an on-going basis. On each occasion Contra;tor performs services for City, Contractor shall advise the City in writing ofthe scope of services to be provided, and the cost of, and estimated time to perform the services.

Contractor shall not proc;ed to perform any such service until City and Contractor have established a project cost, a completion schedule or a time period for performance, and the City has given its writtin authorization to perform. Written approval for performance and compensation may be granted by the appointed City Project Manager.

2. Termi Comnletion Schedule. This Agreement shall commence on December 5,2023, and shall terminate on December 5,2025, unless extended in wrtting by either party upon (30)

ON-CALL STREETLIGHT MAINTENANCE SERVICES
THIS AGREEMENT is executed this 5th day of Decemb et 2023 (,. Agteement,, or "contract") between the city of salinas, a califomia charter city and municipal corporation (hereinaftei ,.city"), and Bear Electrical Solutions, Inc., a califomia corporation, (hereinafter days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement and the original RFQ'

3. Compensation. City hereby agrees to pay Contractol for services rendered the City puru*'i-o thi. Agt...ent on a time and materials basis according to the rates of compensation as shown on Exhibit n ana an amount not to exceed Fifty Thousand ($50,000) Dollars.

4. !!!!!4g Contractor shall submit to City an itemized invoice, prepared in a form satisfactory to City]a"r"riUing its services and costs for the period covered by the invoice. Fxcept as ,pe"ifi"ally authori-zed by City, Contractor shall not bill City for duplicate services performed by more than'one p...on. dont *tor's bills shall include the following information to which such services cost or pertain:

AGREEMENT FOR SERYICES BETWEEN
THE CITY OF SALINAS AI\D BEAR ELECTRICAL SOLUTIONS' INC. (A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
Master Services Agreement v January 2021
Bear Electric Solutions, Inc.

Deccmber 2023
Page I of 15
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (D)A brief description ofany costs incurred; and
(E) The Contractor's signature
A11y such invoices shall be in firll accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, city shall not be obligated to process any payment to contractor until thirty (30) days after a correct and complying invoice has been submitted by Contractor. The City shalt process undisputed portion immediately.

5. Meet and Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timeiy and adequate performance of the Agreement.

8. Responsibilitv of Citv. To the extent appropriate to the projects to be completed by Mast€r Services AgeemeDt v. January 2021
Bear Electrical Solutions, hc.

December 2023
services to be provided and work to be perlormed under this Agreement shall be perlormed rn a fully competent manner. By executing this Agreement, contractor further agrees and represents to City that the Contractor possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the iervices contemplated under this Agreement and that City relies upon the professional skills of Contractor to do and perform Conkactor's work. Contractor further agrees and represents that Contractor shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and plovide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

Confactor pursuant to this Ageement, City shall:
(A) Assist Contractor by placing at its disposal all available information pertiflent to the projects, including but not limited to, previous reports and any other data relative to the p-ji"tr. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Contractor, and render verbally or in writing as may be appropdate, decisions pertaining thereto within a reasonable time so as not to delay the services of Confiactor.

Page 2 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (C) Jim Pia, Interim City Manager, or his designee, shall act as City's representative with respect to the work to be performed under this Agteement. Such person shall have the complete authority to kansmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Contractor's services. City may unilaterally change its representative upon notice to the Contractor.
(D) Give prompt written notice to Confiactor whenever City obsewes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not s Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Contractor from professional responsibility for the work performed.

10. Indemnification and Hold Harmless. Contractor shall defend, indemnifu, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) ofevery nature arising out ofor in connection with Contractor's performance of work hereunder, including the performance of work ofany ofcontractor's subcontractors or agents, or Contractor's failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

11. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto. 12, Access to Records. Contractor shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Contractor by City. Aly duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Contractor's usual and customary business hours.

Contractor shall provide proper facilities to City's representative(s) for such access and inspection.

13. Non-As nabilitv. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Contractor. This Agreement is personal to Contractor and shall not be assigned by it without express written approval ofthe City.
14- Chanses to one of Work City may at any time, and upon a minimum of ten (10) days written notice, seek to modi! the scope of services to be provided for any project to be completed under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notiry ciry in writing. Upon ugi"e.ert between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.

Master Services Ageemetrt v. JaNary 2021
Bear Electrical Solutions, lnc
December 2023

Page 3 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

15. Ownershio of I)ocuments. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software ('if purchased on the City's behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for the services rendered by Contractor in connection with which they were prepared. City agrees to hold harmless and indemni! the Contractor against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Contractor.

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Contractor, as follows:
(1) If in the City's opinion the conduct of the Contractor is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason v/hatsoever.
(B) Upon termination, Contractor shall be entitled to payment of such amount as fairly compensates Contractor for all work satisfactorily performed up to the date of termination based upon the Contractor's rates shown in Exhibit B and/or Section 3 ofthis Agreement, except that:
(1) In the event of tem nation by the City for Contractor's default, City shall deduct from the amount due Contractor the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Contractor are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another Contractor(s) for such purposes. ln the event that such additional expenses shall exceed amounts otherwise due and payable to Contractor hereunder, Contractor shall pay City the full amount of such expense. (C) ln the event that this Agreement is terminated by City for any reason, Contractor (l) Upon receipt of written notice of such termination promptly cease all services on this proje&, unless otherwise directed by City; and
(2) Detiver to City all documents, data, -reports' summaries, correspondence, photographs, computer sort*a.e output, videoand audio tapes, and any other materials nrovid'ed'to Contractor or prepared by or lor Contractor or the Ciry in comection wilh [his Agreement. Such maieriil is tobe delivered to City in completed. form: however, oot "iifirt "ai"g
the provisions of Section 15 herein, City may condition payment for Master Services Agreemetrt v. January 202 I
B€ar Electrical Solutions, I.c.

December 2023

Page 4 of 15 ends

shal[:

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 services rendered to the date of termination upon Contractor's delivery to the City ofsuch material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy ofthe City and Contractor provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules. and Regulations Services performed by Contractor pursuant to this Agreement shall be performed in accordance and fulI compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Inco rated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Ageement, the terms of the Agreement shall control the respective duties and liabilities ofthe parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that conractor, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Contractor expressly warrants not to represent, at any time or in any manner, that Contractor is an employee or servant of the City.

20. Intesration and Entire Aqreement. This Agteement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of Califomia, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severabillttr. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices.
(A)
addressed to
Written notices to the City hereunder shall, until further notice by City, be City Manager
City of Salinas
Mastor Services AgreemeDt v- January 2021
Bear Electrical Solutions. Inc.

December 2023

Page 5 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 200 Lincoln Avenue
Salinas, Califomia 93901
With a copy to:

City Attomey
City of Salinas
200 Lincoln Avenue
Salinas, California 9390 1
(B)
addressed to
Written notices to the Contractor shall, until further notice by the Contractor, be Robert Asuncion, VP
Bear Elsctrical Solutions, Inc.
1252 Stale Street, P.O. Box 924
Alviso, CA 95002
(C) The execution of any such notices by the City Manager shall be effective as to Con11actor as if it were by resolution or order of the City Council, and Contractor shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

25. Conflict of Interest. Contractor warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Contractor further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notifu City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Govemment Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Contractor as the result of Contractor's performance of ttre work or services pursuant to the terms of this Agreement.

Master Services Agreemeot v. Jaeuary 202 I
Bear Electrical Solutions, Inc.

December 2023

Page 6 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

26. Headinqs. The section headings appearing herein shall not be deemed to govern, limit, modifi, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. 27 . Attorn s' Fees ln case suit shall be brought to interpret or to enforce this Agreement, or because of the breach ofany other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attomeys' fees in addition to such costs as may be allowed by the Court. City's attorneys' fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Asreement. This Agreement is non-exclusive and both City and Contractor expressly reserves the right to contract with other entities for the same or similar services.

29. Rishts and Oblisatio ns Under Asreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a siglatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its representatives, agents or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Couutterpartr. This Agreement may be executed in one or more counterpaxts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Lesal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Reoresentation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly fot or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warrantv of Authoritv. Each party represents and warrants that it has the right, power, represents and warrants that it has
powers, and authorities, necessary
,
to enter into this Agreement.

35. No Waiver of Rishts. Waiver of a breach or default under this Agreement shall not coDstitute a conthuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agleement or Master Services Agreement v January 2021
Bear Electrical Solutiol$, ltrc.

December 2023
and authority to enter into this Agreement. Each party further given any and all notices, and obtained any and all consents, to permit it, and the persons entering into this Agreement for it

Page 7 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such prov'ision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver{s) ofany ot}rer condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
o Christopher A. Callihan, City Attomey or
n Rhonda Combs, Assistant City Attomey
R
By ted Name): Robert Asuncion
Master Services Agrcemeot Y. Jatru8ry 202 I
Bear Electrical SolutioDs, Inc.

December 2023
C

Page 8 ends

ls (Tille): VP
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Insurance uirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of ttre work hereunder and the results of that work by the Contmctor, his agents, representatives, employees, or subcontractors. With respect to General Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIN{IT OF INSURAIICE
Coverage shall be at least as broad as:

1. Commercial General Liability ("CGL"): Insurance Services Office ("ISO") Form CG 00 01 covering cGL on an "occurence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggegate limit applies, either the general aggregate limit shall apply separately to this project/location (lSO CG 25 03 or 25 04) or the genelal aggregate limit shall be twice the required occurrence limit.

2. Automobite Liabitity: ISo Form CA 0001 covering any auto, or if contractor has no owned autos, hired and non-owned autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' compensation: Insurance as required by the state of california, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (also known as Errors and Omissions): Insurance appropriate to the work being performed, with limits no less than $ 1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year.
lf the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTIIER INSIJRANCE PROVISIONS
The insurance policies are to contain, or be endorsed to coDtain, the following provisions:

A dditional Insured Status
S elf-I nsure d Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City' the Contractor shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, id officers, offrcials, employees, and volunteers; or the Contractor shall Master Services Ageement v. Jaouary 2021
Bear Electrical Solutions, Inc.

December 2023

Page 9 ends

Exhibit A- Insurance Req uirements
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 provide evidence satisfactory to the city guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Master Services Agreemetrt Y January 2021
BEar Electrical Solutions, Inc.

Ilecember 2023

Page 10 ends

Oth e r I ns u ran c e Provisions
A. The General Liability, Automobile Liability, Confiactors Pollution Liability, andlor Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
r. The City of Salinas, its oflicers, oflicials, employees, and volunteers sre to lre covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form ofan endorsement to the Contractor's insurance (at least as broad as ISO Forms CG 20 10, CG 1l 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, offrcials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, offrcials, employees, agents, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it.

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

B. The Automobile Liabitity policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by contractor pursuant to the contract. This coverage may also be provided on the Contractor's PLL policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the begiming of Agreement of work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement ofwork.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Conhactor must purchase an extended period coverage for a minimum offive (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the city for review.

5. If the services involve lead-based paint or asbestos identification / remediation, the Con6actor's PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve rnold identification / remediation, the Contractor's PLL shall not contain a mold exclusion and the defrnition of"Pollution" shall include microbial matter including mold.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Ac c eptab ility of I n s urers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admifted in the State of Califomia. If Contractor's Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available fiom an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.

Best rating of A:X or higher. Exception may be made for the Califomia State Compensation Insurance Fund ifnot rated.

Yefification of Coverage
Contractor shall fumish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. llaiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Contractor, its employees, agents, and subcontractors.

Subcoatractors
Contractor shall require and verifu ttrat all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Salinas is an additional insured on insurance required liom subcontractors. For CGL coverage subcontractom shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modifu these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Master Services Agreement v. Ianusry 202 I
Bear Electrical Solutions. lnc.

December 2023

Page 1 ends

M ainte n anc e of In saranc e
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Conttactor of its indemnification obligations or any responsibility whatsoever and the Conffactor may carry, at its own expense, such additional insurance as it deems necessary.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Exhibit B- Fee Schedule
BEsB
B€nR €t€ilnInt 50tuTlo!15
Co[tr.ctors Licrlsc No. 9E2079
A - Gcrcrd Ergtrccrhg
C-10 lrlgh Volt{c Elcctricrl
C-31 - Wort Zorc TrelEc Coatrol
DrR# 1fiXXlO215t
12t2 Srd. St 4 N 8or
'21,
AMto, CA 9540241121
Td: 4U1*tr7, Fs l0t41r-t117

PROPOSE RATE SCHEDULE FOR SALINAS
M)TE:

RcluLr Rst6 - ttonnrl businc5s houE
o!.ertme (f.5{ - wort urrle wtr ltl conunuoue retuLr hour5 but h55 tl|.n (1ol hour5 orrlru|tr (24 - wo.t time otrr (1o] cor*inuou3 or s.rvlca Galb du.lrg r|on-burn6t tioltt, rcrtends, or hoiday Perso lel.tld.stoct d cquFnent brought to th.,ob lite glf beUf€d hot ly.

Master Services Agreement v. January 202 I
Bear El€ctrical Solutions, lnc.

December 2023
tquipment
I Peasonnel vehial€ s 2s.(x)
2 Bucket Trucl 5 35.m
l Boom Trucl (Ctane) s 75.q)
4 Air Compre5sor S 2o.m
5 Light Tower S 2o.@
Perrc{rrpl
1 Ehctrician Foreman 5 13s-m S17s.@
2 Electrician s 12O.OO S16s.@ S19s.oo
3 Laborer s 8O.m s r.ls.oo Srss.m
Crane OpQrator s 15O.0O s200.m 52ss.m
5 Traffic En8in€er s 1so.0o
6 Material cost plus lot6
TAStf A-f . nataa tot Woal DdE dr ftlr€ and Materieh 6a!ar Item; D€*ttpttoo Houdt Rde
(Hin lr.gl
l{o.dv*.L
oErh. {1xl
{q{fr*.t! Itern I tto.rtry Ade

Page 12 ends

Dc{ription
S205.oo
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

OAIE (I'T/DD/YYYY)
1125t2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATMELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: lf tho c.rtificat. holdor is an ADDITIONAL INSUREO, tho policy(i6s) must have ADDITIONAL INSURED provisions or be endorsod. lf SUBROGATION lS WAIVED, Bubject to the terms and conditions of the policy, certain policiGs may requi.e an ondorsoment. A statement on thls certiticate does not confor rlghts to the cerliticate holder in lieu of 6uch endorsement( s).

PRODUCER
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
Chris
HONE 415402-6521 415-98S-9S23
L
cke r.com

INSURERIS) AFFOROING COVERAGE
TNSURERA : Hartford Casualty lnsurance Company 29424

INSUREO
Bear Electrical Solutions, lnc.
1252 State St, PO 924
Alviso CA 95002
BEARELE,Ol
rNsuRER B: Hartford Fire lnsurance Company 1e682
[{suRER C: sentinel lnsurance company, Lld 11000

INSURER D

INSURER E

INSURER F

CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER: 14'1 85394'12 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 ANO CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,

INSR TYPEOFINSURANCE

SUBR POTICYEFF POLICYEXP LIMITS
B X COMI$ERCIAL GENERAL LIABILITY
CLAIMS.MAOE OCCUR
GEN.L AGGREGATE LIMIT APPLIES PER]
5i& Er.o"
x
x
5TUEABA6WSN z1pa24 2J1t2025 EACI] OCCURRENCE $ 1,000,000

DAMAGE TO RENTED
PRFMISFS lFr 6.cL16nEJ $ 300,000
MEo ExP (Any on6 p6rso.) $ 10,000
PERSONALAADV INJURY $ 1,000,000
G ENE RAL AGGREGATE 52 000,000
PROOUCTS . COM P/OP AGG $2 000,000
$
AUTOiIOBILE LIABILITY
X
OWNEO

AUTOS ONLY
HIREO
AUiOS ONLY

SCHEDULEO
AUTOS
AUTOSONLY X x
21',l12024 211t2025 NGLE LIMIT $ 1,000,000
BODILY INJURY (P€. ps.son) $
BODILY INJURY (P4 a@idenl) $
$
$
x UIIBRELLALIAB

EXCESS LIAB

X OCCUR
CI.AIMS.MAOE
5TRHABA6WSP 2t112024 2t1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000

DEO RETENTIONS S
c WORKERS CO PENSATION
AND Ef PLOYERS' LIABILTTY

ANYPROPRIETOR/PARTNER/EXECU'TIVE
OFFICER/MEMBEREXCLUDEO?
DESCRTPTION OF OPERATIONS b€l@
5TWEAAJ9MEN 211t2025 X
OTH.

E.L. E:ACH ACCIOENT 91,000,000
E,L, DISEASE. EA EMPLOYEE s1,000,000
E L DISEASE. POLICY LIMIT 51,000,000
DESCRIPTION OF OPERATIONS / IOCAnONS / VEHICLES {ACORO ! 01 , Additlon.l R.m.rt. Sch.dul., m.y br .tt ch.d it mo.. tp.c. i. r.quiEd) RE: Work performed per ContracuAgreement. The City of Salinas. its ofllcers, ofllcials, employees, and volunteers are additional insured per the attached forms, wherein coverage is Primary and Non-Conlributory. Waivers of subrogation apply per lhe ahached forms. Excess liability/umbrella coverage is lvntlen on a following form basis as respects additional insureds and waivers of subrogation. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-paymenl of premium.

CERTIFICATE HOLDER CANCELLATTON
City of Salinas
Public Works Department
200 Lincoln Ave.

Salinas CA 93901

SHOULD ANY OFTHE ABOVE DESCRIBED POUCIES BE CANCELLED AEFORE THE EXPIRATION DATE THEREOF, i{OTICE wlLL BE DELIVERED IN ACCOROA CE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
A* a'J,.-,v
O 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 57UEAFN9268
tr
2t112024
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy no. 57UEAFN9268
THIS ENOORSEMENT CHANGES THE POLICY.

COMMERCIAL AUTOMOBILE
HA 99 16 03 12
PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsemenl modifies insurance provided under the following

BUSINESS AUTO COVERAGE FORM
To the extenl that the provisions of this endorsement provide broader benefils to the "insured" than other provisions of the Coverage Form, the provisions of this endorsernenl apply.

1. BROAO FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named lnsured shown in the
Declalations is amended to include:
(1) Any legal business entity other than a
parlnership or joint venture, forrned as a
subsidiary in which You have an
ownership interest of more than 50% on
the etfective date of the Coverage FormHowever, the Named lnsured does nol include any subsidiary that is an
"insured' under any other automobile
policy or would be an 'insured" under
such a policy but for its terminalion or
the exhaustion of its Limit of lnsurance.
(2) Any organizalion that is acquired or
formed by you and over whach You
maintain maiority ownership. However,
the Named lnsured does not include any
newly tormed or acquired organization:
(a) That is a Partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausled its Limit of
lnsurance under any other policy, or
(d) 180 daYS or more after its
acquisition or formation bY You,
unless You have given us notice of
the acquisition or Formation.

Coverage does not aPPIY lo "bodily
injury" or "properly damage" that results
from an "accident" that occurred befole
you formed or acquired the organization.

B. Employees as lnsuteds
Paragraph A.'1. - WHO lS AN INSURED - of
SECIION ll LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own. hire or
borrow in your business or Your
personal aftairs.

C. Lessors as lnsureds
Paragraph A.1. - WHO lS AN INSURED - of
Section ll - Liability Coverage is amended to
add:
e. The lessor o, a covered "auto" whlle lhe
"auto" is leased to you under a written
agreemenl if:
(1) The agreernent requires You to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.

Such a leased "auto" will be consideled a
covered "aulo" you own and not a covered
'auto" you hire.

O. Additional lnsured it Required by Contract
(1) Paragraph A.1. - WHO lS AN INSURED
- ot Section ll - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organizalion be added as
an additional insured on Your
business auto policy, such person or
organization is an "insured", but only
to the extenl such Person or
organization is liable for "bodily
injury' or 'Property damage" caused
by the conduct of an "insured" under
paragraPhs a. or b. o[ Who ls An
lnsured with regard to lhe
ownership, mainlenance or use of a
covered "auto."
O 201 1, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.) Form HA 99 16 03 12 Page 1 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 The insurance afiorded to any suoh
additional insured applies only if the
"bodily injury. or "property damage'
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written conlract, and
(3) Prior !o tne expiftrtion of the period
of timo lhat the wlitten contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
lf you have agreed in a written mntract
or written agreemenl tnal anolher
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specilied in
the written contracl or writlen
agreement; or
(b) The Limits of lnsurance shown in
the Declaralions.

Such amount shall be a part of and nol
in addilion to Limits of lnsurance shown
in the Declarations and described in lhis
Section
(3) Additional lnsureds Other lnsurance
lf we cover a claim or 'suil" under this
Coverage Part that may also be covered
by other insurance availabl€ to an
additional insured, such additional
insured must submit sucfi daim or "surt"
to the other insurer for defense and
indemnity.

Hcrrever, this provision does not apply
to the extenl lhat you have agreed in a
Mitten confad or written agreemenl
that this insurance is primary and noncontribulory with the additional insured's own insurance.
(4) Duties in The Event Of Accidenl, Claim,
Suit or Loss
lf you have agreed in a written contract
or written agreement thal another
person or organizalion be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. . DUTIES IN THE

EVENT OF ACCIDENT, CLAIM , SUIT

OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Naned lnsured.

E. Primary and Non{ontributory if
Required by Conkact
Only with respect lo insurance provided to
an additional insured in 1 .D. - Additional
lnsured It Required by Conlract, the
fotlowing provisions apply:
(3) Primary lnsuranc€ When Required By
Contract
This insurance is primary if you have
agreed in a wrillen contract or written
agreernent that this insurance be
primary. lf oher insurance is also
primary, we 'rill share with all that other
insurance by the method described in
Other lnsuranc€ 5.d.
(4) Primary And Non-Contribrrtory To Other
lnsurance When Required By Contract
lf you have agreed in a written contract
or written agreemenl that this insurance
is primary and non-contributory with lhe
additional insured's own insurance, lhis
insurance is primary and we will not
seek contributlon from that olher
insurance.

Paragraphs (3) and (41 do nol apply to other
insurance to vrhich the additional insured
has been added as an additional insured.

When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any oher insurer has a duty to defend the
insured against that "suit', lf no ollEr insurer
defends, we will underlake to do so, but we will
be entitled to the insured's rights against all
those olier insurers.
\rvhen this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exoeeds the sum
of:
(1) The total amount that all sudl olher
insurance would pay for the loss in the
abserrce of tris insurancei and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by the
method described in Other lnsurance 5.d.

2. AUTOS RENTEO BY EMPLOYEES
Any'auto' hired or rented by your "ernployee"
on )lour behalf and at your direction will be
considered an "auto" you hire.

The oTHER INSURANCE Condition is amended
by adding the tollowing:
@ 201 1, The Hartford (lncludes copyrighled matedal
Form HA 99 ',l6 03 12 of ISO Properties, lnc., with its permission.) Page 2 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 @ 201 l, The Hartford (hdudes copyrighted material
Form HA 99 of ISO Properties, lnc., with ils permission.) 16 03 12 Page 3 of 5 lf an "employee's" Personal insuranoe also
applies on an excess basis to a @vered 'auto"
hired or rented by your "€mployee'on your
behalf and at your dlrection, this insurance will
be primary to lhe "employee's' personal
insurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLoYEE - of
SECTION ll - LIABILITY COVERAGE does not
apply if you have workers' compensalion
hsurance in-force covering all of your
"employees".

Coverage is excess ovet any other colleclible
insurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERACE
lf hired 'autos" are @vered "autos" for Liability
Coverage and lf Comprehensive, Speclfied
Causes of Loss, or Collision coveEges are
provided under this Coverage Form for any
"auto' you own, then lhe Physical Damage
Coverages provided are exterded to "autos" you
hire or borrow, subiecl to the follcm/ing limit.

The most we will pay for "loss" to any hired
'auto' is:
(1) S100,000;
(2) The actual cash value of the damaged or
stolen property at the lime of the 'loss'; or
(3) The cost of repairing or replacing the
darnaged or slolen proPerly,
whichever is smallesl, minus a deduct ble. The
deductible will be equal to the largest deduclible
applioable to any owned 'auto' for that
coverage. No deductible applies to 'loss" caused
by fire or lightning Hired Auto Physical Damage
coverage is excess ovel any other oollectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage aPplicable to any
covered "auto" you ownWe will also oover loss of use of the hired "auto' if it results from an "accident', you are leg€lly
liaHe and the lessor incurs an actual flnancial
lo6s, subjoct to a maxirutm of $10O0 per
"accident".

This extension of coverage does not apply to
any "auto" you hire or bonow trom any of your
"ernployees", partners {if you are a parlneEhip),
mernbers (if you are a limited liability corpany),
or mernbers of their households.
5, PHYSICAL OAII,AGE . ADOITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION lll - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of S50 per day and a maximum limit of
$1,000.

6. LOAN'LEASE GAP COVERAGE
Under SECTION lll - PHYSICAL DAMAGE
COVERAGE, in the event ot a total "loss" to a
covered "auto', we will Pay your addi[onal legal
obligation ,or any difference between the actual
cash value of he "auto" at the time of the 'loss"
and the "outslanding balance" of the loan/lease.
'outstanding balanoe" rneans tle arnount you
owe on the loan/leGe at the time of "loss' less
any anrounb representing laxes, overdue
payments; penalties, interest or charges
resutthg from overdue payments; additional
mlleage charges: excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor, costs for exlended
warranlies, credit life lnsurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exdusion relating to mechanitxl breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT . BROADENEO

COVERAGE
a. The exceptions to Paragraphs 8.4 -
EXCLUSIONS - of SECTION lll - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the 'auto's"
electrical system that, at the time of "loss',
is:
(1) Permanenuy installed in or upon
lhe coveted 'auto";
(2) Rernovable from a housing unit
whicft is permanently installed in
or upon tte covered 'auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
ParagraPhs (1) and (2) above; or
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (4) Necessary for the normal
operatron of the oovered 'auto' or
the monitoring of the oovered
"aulo's" operating system.
b. Secton lll - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of lnstrance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limil of lnsurance,
ParagEph C are each amended to add the
following:
$'1,500 is the rnost we will pay for "loss" in
any one 'accident" to all electronic
equbmenl (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, rEoeives or lransmits
audio, visual or data signals whioh, at the
time of 'loss", is:
( l ) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by lhe 'auto"
rnanufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unil as described
in Paragraph 2.a. above or is an
integral part of that equipment: or
(3) An integral part of such equipmenl.
c. For each oovered "auto", should loss be limited
to electronic equipment only, oul obligation to
pay for, repair, retum or replace damaged or
sblen electronic equipment will be reduced by
the applioable deductible shown in the
Dedaratons, or $250, whichever deductible is
less.

9. EXTRA EXPENSE . BROADENED

COVERAGE
Un&r Paragraph A. - COVERAGE - of SECTION
III . PHYSICAL DAMAGE COVERAGE, WE WiII
pay for th€ expensB oF rBturning a stCen covered
'alto" b you.

10. GLASS REPAIR . WAIVER OF OEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
lll - PHYSICAL DAMAGE COVERAGE, he
tdlo /irg is added:

No deductible applies to glass damage if the
glass is repaired rather than replaoed.
t1. TWO OR MORE OEOUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
lll - PHYSICAL DAMAGE COVERAGE, the
follo/,/ing is added:
lf another Hartlicrd Financial Services Group,
lnc. company policy or coverage form that is not
an automobile pdioy or coverage form applies 10
the same'accident', the following applies:
{1) ll the deduclible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) f the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
,I2. AMENDED OUTIES IN THE EVENT OF
ACC|DENT, CLA|M, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT O F ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION lV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident' applies only when the "accident' is
known lo:
(1) You, if you are an indrvidual;
(2) A partner, if ),ou are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An execulive officer or insurance manager, if
you are a corporation.
13, UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
l, you unintentionally fail to disdose any hazards
exisling at the inception date of your policy, we
will not deny @verage under lhis Coverage
Form b€cause of such failure.

14. HIRED AUTO . GOVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIoNS 7. -

POLICY PERIOD, COVERAGE TERRITORY -
Of SECTION IV . BUSINESS AUTO
CONDITIONS is replac€d by the following:
e. For short-term hired "autos", lhe coverage
tenitory with respect to Liability Covemge is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily iniury or "property damage" is
determined in a "suit,'the "suit" is brought in
the United Slates of America, the tenitolies
and possessbns of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

I5. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION lV -
BUSINESS AUTO CONDITIONS is amended by
adding he Following:
@ 201 1, The Hartford (hclud€s copyrighled material
Form HA 99 18 03 of ISO Properties, lnc., witlt its permission.) t2 Page 4 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 We waive any right of recovery we may have
against any person or organization with whom
you have a writlen contracl that requires such
waiver beoause of payments lve make for
darnages under lhi6 Coverage Folm.

18. RESULTANT MENTAL ATiIGUISH COVERAGE
The defnition of 'bodily iniury' In SECTIoN VDEFINITIONS is replaced by the following:
-Bodily injury" means bodily iniury, sickness or
disease sustained by any person, including
mental anguish or death resutting from any ot
lhese.

17. EXTENDED CANCELLATION CONDMON
Paragraph 2. of tie COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
lf we cancel for any reason olher than
nonpayrnent of premium, we will mail or delver
to the first Named lnsured wriilen notice of
cancellation at least 60 days before the effective
date of canc€llation.

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
ln the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaoed with a "hybrid' aulo or
an auto poweted solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the 'not-hybrid" auto s
actual cash value or replacement cost,
whichever is less,
b.The auto musl be replaoed and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of lhe date of'loss,'
c. Regardbss of the number ol autos deerned a
tolal loss, the most we will pay under this
Hybrid, Eleotric, or Natural Gas Vehiole
Payment Coverage provision for any one
"loss' is $10,000.

For the purposes of the covelage provision,
a.A "non-hybrid" auto is defned as an auto that
uses only an intemal combuslion engine to
rEVe the auto but does not include autos
powered solely by electriclty or natural gas.
b.A "hybrid" auto is delined as an auto wilh an
internal combustion engine and one or more
e'ectric motors; and fiat uses lhe intemal
combustion engine and one or anore ele6tric
rnotors lo move the auto, or lhe inlemal
combustion englne to charge one or more
eleclric rnotots, which move the auto.

19. VEHICLE YI'RAP COVERAGE
ln the event of a total loss to an "auto' for which
Conprehensive, Specified Causes of Loss, or
Collision coverages are provided urder fiis
Coverage Fo(m, lhen such Physical Damage
Coverages are amended to add the following:
ln addition lo the actual cash value of the "auto',
we will pay up to S1,000 for vinyl vehicle waps
which are displayed on the covered 'auto" at the
time of total loss. Regardless of lhe number of
autos deerned a total loss, the npst we will pay
under this Vehide Wrap Coverag€ provision for
any one "loss" is S5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
@ 201 1, The Hartford (lncludes copyrighled material
ol ISO Properties, lnc., with its permission.) Form HA 99 16 03 12 Page 5 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policv #57UEABA6WSN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following

COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
Alienaled Premises Coverage..,.............

Damage To Your Work......................

That Particular Part..........................

Contractors Limited Professional Liabi|ity......... . .............

Per Project and Per Location General Aggregale Limils Of 1nsurance................., " Medical Payments Coverage - lncluding Products - Completed Operations ...... ...... lnjury To Employee's Reputation With Respect To lncidental Medical Malpractice ..

Bodily lnjury Employee Suits
Consolidated lnsurance (WratrUp) Programs. ............

10. Access Or Disclosure of confidential or Personal lnformation And Data-Related Liability 1 1. Supplementary Payments......,.........

12. Two Or More coverage Parts Or Policies lssued By Us ..,... ..... .. 1 3, Notice of Cancellation to Certificate Ho|ders....,,..,.............,,

14. Contractual Liability Coverage For Personal And Advertising lnjury

15. lnsured Contract Definition
.1
.1
.1
,2
.2
.3
.3
,4
.4
.5
.5
.6
.o
.6
.6

1. 2.

3. 4.

5. 6.

7. 8.

9. 1 , ALIENATED PREMISES COVERAGE
Exclusion j. Damage To Property of Section I -
Coverage A is amended as follows:
a. The following exception to the exclusion is
deleted:

Paragraph (2) of this exclusion does nol apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
b. This exception is replaced by the following:

Paragraph (2) of lhis exclusion does not apply
if the premises are 'Your work".

2. DAMAGE TO YOUR WORK
A. Section I - Coverage A - Bodily lnjury And
Property Damage Liability, Paragraph 1.
lnsuring Agreement is amended lo add the
following:
f. Damages because of "property damage"
include damages the insured becomes
legally obligated to pay because of
"property damage" to "your work'' or
caused by "your work", and such "property
damage" shall be deemed to be caused
by an "occunence", if not intended or
expected from the standpoint
of the insured , regardless of whether the
"property damage" arises from breach of
contract.

B. Exclusion l. Damage To Your Work of
Section I - Coverage A is repleced by the
following:
l. Damage to Your Work
"Property damage" to that particular part
of "your u/ork" that must be reslored,
repaired or replaced because "your work"
was incorrectly performed and included in
the "products-completed operations
hazard".

This exclusion does nol apply if the damaged
work or the work performed incorectly was
performed on your behalf by a subcontractor.

This Paragraph 2.8. does not apply if Exclusion
l. Damage To Your Work has been othen'/ise
modified by endorsement.

3. THAT PARTICULAR PART
This Paragraph 3. applies to Exclusion .i.

Oamage to Property, subparagraphs (5), and (6),
Exclusion k. Damage to Your Product, and
Exclusion l. Damage to Your Work.

O 2020, The Hartford Page I of 7
Form HS 24 50 12 20
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 When performing operations as a "general
contracto/', the term that particular part shall not
mean the entire construction, improvement or
renovation project. For purposes of this provision,
the term "general contraclof' means lhe
conlractor signing the prime construction contract
for a construction, erection, improvemenl or
renovation project and that has main responsibility
for such project including hiring all of the
subcontractors and suppliers.

4. CONTRACTORS LIMITED PROFESSIONAL

LIABILITY
The following exclusion is added to Paragraph 2.,
Exclusions of section l - coverage A - Bodily
lnjury And Property Damage Liability, and to
Paragraph 2., Exclusions of Section I -
Coverage B - Personal And Advertising lnjury
Liability:

This insurance does not apply to "bodily injury",
"property damage" or "personal and adverlising
injury" arising out of lhe rendering of or failure to
render any professional services by you with
respecl to your providing engineering,
architeclural or surveying services in your
capacity as an engineer, architecl or surveyor.

Professional services include:
(11 The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders,
or drawings and specifications; and
(2) Supervisory or inspection aclivities performed
as a part of any related architectural or
engineering aclivities.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supeNision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
''property damage", or lhe ofrense which caused
the "personal and advertising injury", involved the
rendering of or failure to render any professional
services by you with respect to your providing
engineering, archileclural or surveying seryices in
your capacity as an engineer, architect or
surveyor.

This exclusion does not apply to your operations
in connection with construction work performed by
you or on your behalf.

However, this exceplion to lhe exclusion will not
apply if you are in the business or profession of
providing the professional services described
above independent from the construclion work
performed by you or on your behalf.
ln the event lhis insurance applies to any injury,
damage, loss, cost or expense covered by
Professional Liability insurance issued by a
company unaffiliated with us, then the insurance

Page 2 of 7 ends

afforded under this Coverage Part is excess over
such olher valid and colleclible Professional
Liability insurance (including any deductible or
self-insured retention portion thereof), and any
other valid and collectible insurance available to
the insured whether primary, excess, contingent
or on any other basis.

5. PER PROJECT AND PER LOCATION GENERAL

AGGREGATE LIMITS OF INSURANCE
A. For all sums which the insured becomes
legally obligated to pay as damages caused
by "occurrences" under Section I - Coverage
A, and for all medical expenses caused by
accidents under Section I - Coverage C,
which can be attributed only lo ongoing
operations at a single "project'' or a single
"location";
't. A separate Per Ptoject General
Aggregate Limil or a separate Per
Location General Aggregale Limit applies
to each "project" or "location", whichever
is applicable. The Per Project General
Aggregate Limit and Per Location
Aggregate Limit is equal to the amounl of
the General Aggregate Limit shown in the
Declarations.

2. The Per Project General Aggregate Limit
or the Per Location General Aggregate
Limit, whichever applies, is the mosi we
will pay for the sum of all damages under
Coverage A. except damages because of
"bodily injury" or "property damage"
included in the "products-completed
operations hazard", and for medical
expenses under Coverage C regardless
of the number of;
a. lnsureds;
b. claims made or "suits" broughl; or
c. Persons or organizations making
claims or bringing "suits".

3. Any payments made under Coverage A
for damages or under Coverage c for
medical expenses shall reduce the Per
Project General Aggregate Limit for that
"project" or the Per Location General
Aggregate for that "location", whichever
applies. Such payments shall not reduce
the General Aggregate Limit shown in the
Declarations, the Per Project General
Aggregate Limit for any other "project", or
the Per Location General Aggregate Limit
for any other "localion".

4. The limits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense
continue to apply. However, instead of
Form Hs 24 50'12 20
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 being subjecl to the General Aggregate
Limit shown in the Declarations, such limits
will be subject to the appllcable Per Project
General Aggregate Limit if attributable only
to ongoing operations at a single "project"
or lhe Per Location General Aggregate if
attributable only to ongoing operations at a
single "location".

B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I - Coverage A
and for all medical expenses caused by
accidents under Section I - Coverage C ,
which cannot be attributed only to ongoing
operations at a single "project" or a single
"location";

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-Completed Operations Aggregate
Limit, whichever is applicable: and

2. Such payments shall not reduce any Per
Project General Aggregate Limit or any Per
Location General Aggregate Limit.

G. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because
of "bodily injury" or "property damage" included
in the "products-completed operalions hazard"
will reduce the Products-Completed Operations
Aggregate Limit, and nol reduce the General
Aggregate Limit,or any Per Project General
Aggregate Limit or any Per Location General
Aggregate Limit.

D. The provisions of Section lll - Limits Of
lnsurance not otherwise modified by lhis
endorsement shall continue to apply as
stipulated.

E. For the purposes of Paragraph 5,, the following
definitions apply:
"Project'means a premises an insured does not
owll or rent and where such insured performs
construction-related operations. Each "project"
involving the same or connecting lots, or
premises whose connection is separated by a
street, roadway, waterway, railroad or
right-of-way shall be considered a single
"project".

1. lf a "project" has been abandoned and then
restarted, or if the authorized contracting
parties deviate from plans, blueprints,
designs, specifications or timetables, the
"projecf' shall be considered a single
"project". "Project" does not include a
premises that is a "location".

2. "Location' means a premises an insured
owns or rents and where such insured
performs business operations other lhan
construction-related operations. Each
"location" involving the same or connecling
lots, or premises whose connection is
separated by a street, roadway, waterway
or right-of-way railroad shall be considered
a single "localion." "Location" does not
include a premises that is a'pro.iect".

This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been
otheMise modified by endorsement.

6. MEDICAL PAYMENTS COVERAGE . INCLUDING
PRODUCTS.COMPLETED OPERATIONS
Paragraph 1.a, of the lnsuring Agreement -
Coverage G is replaced by the following:

1. lnsuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or renti
(2) On ways next to premises you own or
rent:
(3) Because of your operetions; or
(4) lncluded within the definition of the
"productgcompleted operations
hazard;"
provided that:
('l) The accident takes place in the
"coverage lerritory" and during the
policy period;
(2) The expenses are incurred and
reported to us within three years of the
date of the accidenti and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.

7. INJURY TO EMPLOYEE'S REPUTATION WITH

RESPECT TO INCIDENTAL MEDICAL

MALPRACTICE
A. The following is added to Paragraph l.e. of the
lnsuring Agr€ement - Coverage A:
(3) With respect to incidental medical
malpractice, "bodily injury" includes
damages claimed for injury to emotions or
reputation of an "employee" arising out of
the rendering or failure to render
professional health care seNices as a
physician, dentist, nurse, emergency
medical technician or paramedic services.

Form Hs 24 50 12 20 Page 3 of 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 "Bodily injury" or.property damage" resulting
from 'repair work" or ''punch list work" at a
"wrap proFcl or premises" but only when the
applicable "consolidated insurance (wrap-up)
program" does not apply or no longer applies
to such "repair work" or "punch list work".

This exception does not apply to the cost of
performing such "repair work" or "punch list
work", or to the "repair work" or "punch list
work" itself.

D. Additional lnsured Extension
"Bodily injury" or "property damage" for which
you are solely an additional insured under the
i'consolidated insurance (wrap-up) program".

The coverage provided under Paragraphs 9.A
through 9.0. above is subject to all terms,
conditions and exclusions of this policy.

For purposes of Paragraph 9, the following
definitions aPPly:
"Consotidaled insurance (wrap-up) program"
means any agreement or arrangement, including
any contractor-@ntrolled, owner-controlled'
project-specific or similar insurance progrem under
which one or more contractor(s) working on a
specified project are insured under one or more
commercial general liability (CGL) policies
(including any umbrella or excess policies that
include the commercial general liability policy(ies)
as underlying insurance) issued by a specified
carrier for injury or damage arising out of
operations conducted in connection with or
necessary or incidental to the project.
"lnsured's operations" means all operations
performed by a named insured (and not
suFcontracled or performed by others on the
insured's behalf).
"Punch list r ork" means the "insured's operations"
at or in connection with a "wl.ap project or
premises' in order to complete the work called for
in an insured's contract for the "wrap project 0r
premises".
"Repair work" means the "insured's operations"
that are service, maintenance, correction, repair,
replacement work, or Periodic
inspection performed by an insured at or in
connection with a "wrap project or premises", in
order to replace or repair an insured's completed
work.
"Wrap pro.iect or premises" means any premises or
construction, erection, improvemenl or renovalion
project subject lo a "consolidated insurance
(wrapup) program".

10. ACCESS OR DISCLOSURE OF CONFIDENTIAL
OR PERSONAL INFORMATION AND DATA.

RELATED LIABILITY

Page 4 of 7 ends

Form HS 2450 12 Z0
B. The following exclusion is added to coverage
B - Personal and Advertising lniury:
"Personal and advertising injury arising out of
the rendering or failure to render professional
health care services as a physician, denlist,
nurse, emergency medical technician or
paramedic.

6. BODILY INJURY EMPLOYEE SUITS
A. "Bodily injury" as listed in Paragraph 2.a.(1) of
Section ll - Who ls An lnsured, does not
apply to 2.a.(1Xa) through 2.a.(1xc).

B. Parl a. of Paragraph 4. Nonowned Watercraft
in Section ll - Who ls An Insured does not
apply,

9. CONSOLTDATED INSURANCE (WRAP-UP)

PROGRAMS
The following exclusion is added to Section I
Coverage A:

Thls insurance does not apply to any "bodily injury"
or "property damage" arising oul of any "wrap
project or premises" where an insured under this
policy is or was also an insured under one or more
commercial general liability (CGL) policies
(including any umbrella or excess policies thal
include the commercial general liability pollcy(ies)
as underlying insurance) included within a
"consolidated insurance (wrapup) program." This
exclusion applies even if the limits of insurance for
such "consolidated insurance (wratrup) program"
are exhausted or not collected for any reason,
including bankruptcy or insolvency of the insurer
providing coverage for the "consolidated insurance
(wl.apup) program'!. This exclusion also applies if
the CGL coverage afforded under the
"consolidated insurance (wraPup) program" is
narrower in scope than the coverage provided by
this policy.

This exclusion does not aPPIY to:

A. Products-Completed Operations Hazard
Exception
"Bodily injury" or "property damage" arising out
of an "insured's operations" at or in connection
with a "wrap project or premises" when such
"bodily injury' or "Property damage"
commences after the "products-completed
operations hazard" coverage or any completed
operations extension coverage provided by the
applicable "consolidated insurance (wrapup)
program" has ended or is no longer in effect.

B. Off-Site Location Exception
"Bodily injury" or "property damage" resulting
from an "insured's operations" at or in
conneclion with a "wrap project or premises" at
a location to which the applicable "consolidated
insurance (wrap-up) program" does not apply'
C. Repair Work And Punch List work
ExcePtion
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 A. Exclusion p. of Section I - Coverage A '
Bodily lnjury And Property Damage Liability
is replaced by the following:
p. Access Or Disclosure Of Confidential
or Personal lnfomation And
Data{elated Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential
or personal information, including
patenls, trade secrets, Processing
methods, customer lists, financial
information, credit card information,
health information or any other type of
nonPUblic information; or
(2) the loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate "electronic data"
that does not result from Physical
injury to tangible ProPerty
This exclusion applies even if damages
are claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of that which is
described in Paragraph (1) or (2) above.

However, unless Paragraph (1) above
applies, this exclusion does not apply to
liability for damages because of "bodily
injury".

B, Exclusion w. of Section I - Coverage B -
Personal and Advetising lnjury is replaced
by the following: :
w. Access Or Disclosure Of Confidential
Or Petsonal lnformation
"Personal and advertising injury" arising
out of any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, Processing methods,
customer lists, financial information, credit
card information, health information or any
other lype ol nonpublic information.

This exclusion applies even if damages
are claimed for notificalion costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of any access to or
disclosure of any person's or organization's
confidential or personal information.
c. The following ParagraPh is added to Section
lll - Limils Of lnsurance:

Subject to Parigraph 5. EaGh Occurrence
Limit, the mosl we will pay under coverage A
for "property damage" because of all loss of
"eleclronic data" arising oul of any one
"occurrence" is $100,000, unless modified by
endorsemenl.

D. The following definition is added to section V
- Definitions:
"Electronic data. means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer soflware, (including systems and
applications software) hard or floppy disks'
CD-RO|\i]S, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

E. For the purposes of the coverage provided by
this provision, the delinition of "property
damage" in Section V - Definitions is
replaced by the tollowing:
"Property damage" means:
a. Physical injury to tangible property'
including all resulting loss of use of that
property. All such loss of use shall be
deemed lo occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is not
physically in.iured. All such loss of use
shall be deemed to occur al the time oF
the "occurrence" that caused it; or
c. Loss of, loss of use of, damage to,
corruplion of, inability to access, or
inability to properly manipulate "electronic
data", resutting from physical injury to
tangible Property. All such loss of
"electronic date" shall be deemed to occur
at the time of the "occurrence" that caused
it.

For the purposes of this insurance, "eleclronic
data" is not tangible ProPerty
1,t. SUPPLEMENTARY PAYMENTS
ln the Supplementary Payments - Coverages A
and B provision:

The limit for the cost of bail bonds is increased lo
$2,s00.

Form Hs 24 50'12 20 Page 5 of 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

12. TWO OR MORE COVERAGE PARTS OR

POLICIES ISSUED BY US
lf this policy and any olher policy issued to an
insured by us or any affiliated company provides
coverage that applies 10 lhe same claim or
damages, lhe maximum applicable limit(s) 0f
liabilily or limit of insurance under all the policies
will not exceed the highest applicable limit of
liability or limit of insurance under any one policy.

This condition does nol apply to any policy issued
by us or an affiliated company specifically writlen
to apply as excess insurance over this policy.

13. NOTICE OF CANCELLATION TO CERTIFICATE

HOLOER(S)
This policy is subject lo the following additional
Conditions:

A, lf this policy is cancelled by the Company,
other than for nonpayment of premium, notice
of such cancellation will be provided at least
thirty (30) days in advance of the cancellation
effective date to the certificate holde(s) with
mailing addresses on file with the agent of
record or the ComPanY.

B. lf this policy is cancelled by the Company for
nonpayment of premium, or by the insured,
notice of such cancellation will be provided
viithin (10) days of the cancellation etfective
date to the certificate holde(s) with mailing
addresses on file with the agenl of record or
the Company.
lf notice is mailed, proof of mailing to lhe last
known mailing address of the certificate holde(s)
on file with the agent of record or the Company will
be sufficient proof of notice.

Any notification rights provided by this
endorsement apply only lo aclive certificate
holde(s) who were issued a certificate of
insurance applicable to this policy's term.

Failure to provide such notice to the certincate
holde(s) will not amend or extend the date lhe
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.

14. CONTRACTUAL LIABILITY COVERAGE FOR

PERSONAL AND ADVERTISING INJURY
Exclusion e. of SECTION I - COVERAGE B

PERSONAL AND ADVERTISING INJURY
LIABILITY is replaced by the following:

This insurance does not aPPIY to:
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liabilily in a contract 0r
agreement, This exclusion does not apply to
liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a conlract or agreement lhat
is an "insured conlract", provided the
"personal and advertising injury" occurs
subsequent to the execution of the
contract or agreemenl. Solely for the
purposes of liability assumed in an
"insured contract-, reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "personal and advertising
injury", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contracl"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolulion Proceeding in which
damages to which lhis insurance
applies are alleged.

15. INSURED CONTRACT DEFINITION
a. INSUREO CONTRACT-CONSTRUCTION

OPERATIONS AND MUNICIPAL WORK
Paragraph d. of the definition of "insured
contract" in Section V - Definitions is deleted
and replaced by the following:

An obligation, as required by ordinance, to
indemnify a municiPality.
b. CONTRAGTUALLIABILITY
Paragraph f, of the definition of "insured
contracl" is deleted and replaced by the
following:

That part of any other contract or agreement
pertaining to your business (including an
indemnificalion of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for ,bodily injury", "properly
damage", or "personal and advertising injury"
to a third person or organization. Tort liability
means a liability that would be imposed by law
in the absence of any contract or agreement.

Paragraph f. includes that part of any contracl
or agreement that indemnifies a railroad for
"bodily injury", "property damage", or
"personal and advertising injury" arising out of
construction or demolition operations, within
50 feet of any railroad property and affecting
any railroad bridge or treslle, tracks,
road-beds, tunnel, underpass or crossing.

However, Paragraph f. does not include
that part of any contract or agreement:
(1) That indemnifies an architect,
engineer or suNeyor for iniury or
damage arising out of:

Page 6 of 7 ends

Form HS 24 50 12 20
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reporls,
surveys, field orders, change
orders or drawings and
specifications; or
(b) Giving directions or instruclions, or
failing to give lhem, if that is the
primary cause of the injury or
damage; or
(2) Under Yvhich the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and suPervisory,
inspection, architectural or
engineering activities.

All other terms and conditions in the policy remain
unchanged.

Form Hs 24 50 12 20 Page 7 ot 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy #57UEABA6WSN
with respect to duties as such. That
representiative will have all your rights and
duties under this Coverage Parl.
e. Unnamsd Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity ol
which you own a tinancial interesl of more
than 50% of the voting stock on lhe effective
date ol the Coverage Part
The insurance afforded herein for any
subsidiary not named in this Coverage Pan
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits ol insurance.

3. Newly Acqulred Or Fomad OTganlzatlon
Any organization you newly acquire or form,
other than a partnership, joint venture ol limited
liability company, and over which ),ou maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named lnsured if there is
no other similar insurance available to that
organizalion. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier:
b. Coverage A does not apply to "bodily iniury'
or "property damage' that occuned before
you acquired or formed the organization; and
c. coverage B does not apply to "personal and
advertising injury' arising oul of an offense
committed before you acquired or formed the
organization.
,1, Nonownad Watorc.art
With respect to watercraft )/ou do not o$n that is
less than 51 feet long and is not being used to
carry persons lor a charge, any person is an
insured while opetating such watercraft with your
Demission. Any other person or organization
iesponsible for the conduct o, such person is
also an insured, but only with respect to liability
arising out of the opera$on of the watercraft, and
only ii no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. 'Bodily injunf to a co-'employee" of the
person operating the watercraft; or
b.'Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this Provision.

5. Additional lnsureds When Required By
Writtsn Contract, Written A8resment Or
Petmit
The following person(s) or organization(s) ale an
additional inaured ra,hen you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
iniury or damage occurs subsequent lo the
execulion of the contracl or agreement.

A person or organization is an additional insured
under this provision only for that perlod of tlme
required by the cont acl or agreement.

However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. vendors
Any person(s) or organization(s) (reterred to
below as vendor), but only with respecl to
"bodily injury'' or 'property damage'arising
out of "your products" which are distributed or
sold in the regular course of the vendo/s
business and only il this Coverage Part
provides coverage for "bodily injurV' or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded the vendor is
subiect to the following additional
exclusions:

This insurance does not aPPIY to:
(a) "Bodily injury' or'property damage" for
which the vendor is obligated to pay
damages by reason of the assumptlon
of liability in a contract or agreement.

This excluslon does not aPPIY to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express wananty unauthorized by
you:
(c) Any physical or chemical change in lhe
product made intentionally bY the
vendor;
(d) Repackaging, except when unpacked
solely for the purposg of inspection,
demonstration, testing, or the
substitution of parts under insttuctions
ftom the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adiustments, tests or servicing as th€
vendor has agreed to make or normally
Pa{,e 12 ol21 HG 00 0'l 09 '16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 undertakes to make in the usual
cours€ of business' in coflneclion with
the distribution or sale ol tho products;
(f) Oemonslration, installation, servicing
or repair oPerations, excePt such
operations perlormed at the vendo/s
premisos in connection with the sal€ of
the product:
(g) Products which, after distdbulion or
sale by You, have been labelsd or
relabeled or used as a container, part
or ingredienl of any olher thing or
substance bY or for the vendor; or
(h) "Bodily inju4/ or "property damage'
arising out of the sole negligence of the
vondor for its own acts or omissions or
those of its employees or anyone else
acting on its behalt. Hovvever, this
exclusion does not apply to:
(i) The exceptions contained in Subparagraphs (d) or (0; or (ii)Such inspections, adjuslmenb,
tests or seMclng as the vandor has
agreed to make or normallY
undertakes to make in the usual
course of business. in connection
with the dislribution or sale ol the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom ),ou have acquired such products,
or any ingredient, part or contsiner,
entering into, accompanying or containing
Such Products.
b. Lassors Ot Equipment
(l) Any petson(s) or organization(s) from
whom you lease equipment bur only with
respec* to thelr liability for 'bodily injury",
"propelty damage" or "parsonal and
adveltising injury'caussd, in whole or in
part, by your maintenance, operation or
use of equiPment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
do€s not apPly to any "occurrence' which
takes place after the equlpmenl leas€
axpires.
c. La33ors ol Land Or Premlses
Any pelson or organization from whom you
lease land or premises, but only with respect
lo liability arising out of the ovrnership,
maintenance or use of that part of the land or
premises leased to You.

With respect to the insuranoe afforded these
additional insureds the following additional
exclusions apPly:

This insurance does not aPPIY to:

1. Any 'occurence' which lakes plsce after
you cease to lease that land; or

2. Structurel alterations. new construcllon or
demolition operations petfomed by or on
behalf of such person or organization.
d. Archilects, Engin€e6 Or Sufleyorg
Any architect, engineer, or surveyor, but only
with respect to liability for 'bodily injury',
'propedy damage" or "personal and
advertising injuqa caused, in whole or in part'
by your acts or omlssions or the acts or
omissions of lhose acting on your behalf:
(l) ln connection with your Premises; or
(2) ln the performance of your ongoing
operations performed by you or on your
behalf.

With respecl to the insurance atforded these
additional insurads, the following additional
exclusion applies:

This insurance does nol apply to 'bodily
injury", 'property damage" or "personal and
adv8rtising injury' arising out of the rendering
ol or the failure to render any professional
servicss by or for )rou, including:

1. The preparing, approving, or failing to
prBpare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
spacifications; or

2. Supervisory, inspection, architectural or
engineering activities.

Thls exclusion aPplies even if the claims
against any insurod allege negligence or
other vyrongdoing in the supsrvision, hiring,
employment, tralnlng or monitoring of others
by that insured, if the 'occurtence" which
caused the 'bodily lnjury' or 'property
damage', or the offense which caused the
"personal and advertising injuqf, involved thB
rendering of or the failure to render any
professional services by or for you.
r, P6]mlt3 lssued By Stata Or Polltlcal
Subdivirionr
Any state or political subdivision, but only with
respact to oPrations Performed by you or on
)our behalf lor which lhe slate or political
subdivision has issued a Petmit.

With respect to the insurance afforded these
additimal insureds, this insurance does not
ap,ply to:
(l) "Bodily iniury', "property damage" or
'personal and advertising iniuq/ arising
out of operations performed for the state
or muricipality; or
HG 00 01 09 16 Page 13 of 2l
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (2) "Bodily injuna or "pmPerty damage'
included within lhe'Products-completed
oporations haza7d".
f. Any Othor Paiy
Any other person or organ'lzation who is not
an addilional insured undsr Paragraphs a'
through e. abovo, but only with respect to
liability fo]'bodily injuq/, "property damage'
or "personal and advertising iniury" caused, in
wholo or in part, by your acts or omissions or
the scts or omissions of lhose acting on )ou]
behalf:
(1) ln the performance of yout ongoing
operatlons:
{2} ln connection with your premis8s owned
by or rentsd to you; or
(3) ln connection with "your work" and
included within the "products-completed
opelations hazard', bul only if
(a) The wdtten contract or agreemenl
requires you lo provide such coverage
lo such additional insured; and
(b) This Coverage Part provides coYerage
for 'bodily iniury" or "property dam4e"
included withh the "ProducEcompleted operations hazard".

However:
(l) The insurance affordod to such additional
insured only applies to the extsnt
Dermined bY law: and
(2) lf coverage Provided to the additional
insured is required bY a confact or
agr6ement, lhe insurance afforded to such
additional insured will not be broader than
that which you are requiled by the contract
or agrcament to Provide for such
additional insured.

WM respect to the lnsurance aflorded to
these addltional insureds, this insurance does
not aPPly lo:
"Bodily iniu4/, 'property damage' or
''personal and advertising inlu4/ arising out of
the rendering of, or the failure to rendsr, any
professional architectural, engineering or
surveying sewices, including:
(t) The preparing, apProving, or failing to
prepare or aPprove, maps, shop drawings,
opinions, reports, surveys' field orders,
change orders or drawings and
speciricatlons; or
(2) Supervisory, inspection, architeclural ot
enginaering activities
Thls exclusion applies even if the clalms
against any insuted allege negligence or
other wrongdoing ln the suPervision, hiring,
employment, training oI monitoting of others
by that insured, il the "occurrence" wttich
caused the 'bodily iniuo/ or "prcperty
damago", or the offense which caused ths
'personal and advertising injury', involved the
rendering ot or the failure lo render any
professional sgrvices by or for you.

The limits of insurance that apply to additional
insureds is described in Section lll - Llmits Of
lnsurance,
How this lnsurance appli6 when other insurance
is available to the additional insured is descdbed
in the Oth8r lnsuranc€ Condition in Section IV -
Commercial General Liability Conditions.

No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venlure or limited liabilily company lhat is not
shown as a NamBd lnsurod in the Declarations

SECTION III - LIMITS OF INSURANCE

1. The ltlo3t Wo Will Pay
The Limits ol lnsurance shown in the
Declarations and the rules below fix the most vve
will pay regardless of the number o{:
a. lnsureds;
b. Claims made or.suits' brought; or
c. Persons or organizatjons making clsims or
bringing 'suils".

2. General Aggregate Limit
Tha General Aggregata Limit is the most we will
pay for the sum of:
a. Medlcal expenses under Coverage Ci
b. Damages under Coverage A excePt
damages because of 'bodily lnjury" or
'proparty damage" included in the "productscompleted operations hazard"; and c. Damages under Coverage B.
3, Products-Completed Op€ratlons Aggregato
Limlt
The Products-Completed Operations Aggregate
Limit is tho mosl we will pay under Coverage A
for damages because of "bodlly injun/ and
''property damag€" included ln the "productscompletad oporations hazard". /+. Personal And Adyertising lnlury Llmlt
Subject to 2. above, the Personal and
Advgrtising lnjury Limit is the mGt we will pay
under Coverage I for the sum of all dam8ges
because of all "personal and advertising lniury'
sustained by any one person or organization.

5. Each Occ.rltrenc3 Limlt
Subject to 2. or 3. above, whichever applies' the
Each Occurrence Limit is the most we will pay for
lhe sum of:
a, Damaqes under Coverage Ai and
Pegr 14 ot 2l HG 00 01 09 16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 primarily to provide mobility to permanently
attached equipment oI the following types:
(l) Air compressors. pumps and generators,
lncluding spraying, welding, building
cleaning, geophysical exploration, lighting
and well seNicing equipment or
(2) Cherry pickers and similar devices used to
raise or lower workersi
f. Vehicles not described in a', b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos':
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenanco, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to ralso or lower workers; and
(3) Air compressors, pumps and generalors,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well seNicing equiPment.

Howevel, "mobile equipment'does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles sub.iect tc a
compulsory or linancial responsibility law or other
motor vehicle insurance law are considered
'autos'.
l6."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
l7."Perconal and sdvortlslng lnjury" means
iniury, including consequential "bodily injury"
arising out of one or more of the following
offenses:
a. False anest, detention or imprisonment;
b. Malicious plosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf ot its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods' products or
s€rvices;

Page 20 of 2 ends

e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your 'adverlisemenf, a person's
or organization's 'advertising idea' or style of
"advertisement'; or
g. lnfringement of mpyright, slogan, or title of
any literary or artistic work, in your
'advertisement'.

18. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
1 9. "Produc{s-complsted operatlons hazard":
a. lncludes all "bodily injun/ and 'property
damage' occurring away flom premises you
own or renl and arising out of ')'our product"
or "your work" excePl:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been cornpleted or
abandoned. However, "1our wo*'will be
deemed mmpleted at the earliest of the
following times:
(a) When all of the lrlork called for in your
contract has been comPleted.
(b) When all of the work tl be done at the
iob site has been comPleted if Your
contract calls for work at more than
one job site.
(c) When that parl of the work done at a
job site has been put to its intended
uso bY any Person or organization
other than another contractor or
submnlractor working on the same
project
Work that may need service,
maintenance, conection, rePair or
replacement, but which is olherwise
complete, will be treated as completed
b. Does not include 'bodily injury' or "property
damag6' arising out of:
(l) The transportation of property, unless the
injury or damage arises out of I condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the'loading or unloading" of that vehicle
by anY insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products ot operations for which the
classitication, listed in the Oeclarations or
in a policy Schedule, states that products'
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

24."Your product":
a. M€ans:
(1) Any goods or producls, other than real
property, manufactured, sold, handled,
dlstributsd or disposed of bf
(a) You;
(b) Others trading underyour name; or
(c) A p6rson or organization whose
buslness or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment fumished in
cohnsction with such goods or products.
b. lnclud€s
(1) Wananties or representalions made al
any time with respect to the fitness,
quality, duraUlity, perfomance or use ot
"your product': and
(2) The providing of or failure to provide
wamings or instmctions.
c. Does not include vending machlnes or cdher
properly rent€d to or located for lhe use of
otheB but not sold.

25.'Your work':
a. Means:
(l) Work or operations performed by you or
on your behalfi and
(2) Materials, parts or equipment furnished in
conneclion wilh such work or opBrations.
b. lncludes
(1) Warranties or representalions made at
any time with resp€ct to the titness,
quality, durability, perlotmance or use of
'your woik', and
(2) The providing of or failure to provide
wamings or instructions.

HG 00 0t 09 16 Pago 2'l of 2l
completed operations are subiecl to the
General Aggregale Limit.
20, "Proporty damage' means:
a. PhFical iniury to tangible properly, including
all resulting loss of use of that property. All
such loss of us6 shall be dsemsd lo occur at
the time of the physical injury lhat caused it;
OJ
b. Loss of use of tangible properly that is not
physically injured. All such loss of use shall
b6 deemed to occur at the lims of the
'ocdrrrsnce' lhat caused it.

As used in this definition, computerized or
elgctronically stored data, programs or software
are not tangible property. Electronic data means
inlormation, facts or programs:
e, Stored as or on;
b, Created or used oni or
c. Transmitted to or from:
computer soltware, including systems and
appllcatlons software, hard or noppy dlsks, COROIIS, tapes, drives, cells, data processing devices or any other media which are used with
elect onically controlled equipment.
2'l."Sult" means a civil proceeding in which
damages because of 'bodily injury', "property
damage'or "p€Isonal and advertising injury' to
which this insurance applies 8re alleged. "Suit"
includes:
a. An arbitration proceeding in whlch 6uch
damages are claimed and to which the
insured must submit or doas submit with our
cons6nl; or
b. Any othor altemative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
out consent.

22. "T6mporary worke/'msans a person who is
furnished lo you to substitute for a pormanenl
"employee' on leave or to meet seasonal or
short-lerm workload conditions.

23. "Voluntsor wod(orn means a person who
a. ls not your 'employee";
b. Donates his or her work:
c, Acts at the dir9ction of and within the scope
ot duties determined by !,ou; and
d. ls not paid a fes, salary or other
compensallon by you or anyone else for their
work performed for you.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy No. 5TUEABA6WSN
(3) Any manager, if you or the additional
insured is a limiled liability compeny;
(4) Any "executive office/' or insurance
manager, if you or the additional insured is
a corporalioni
(51 Any trustee, if you or lhe additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or Public entity.

This duty applies separately to you and any
additional insured.

3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otheMise bring us
into a "suit" asking for damages from an
insured; or
b, To sue us on this Coverage Parl unless all of
ils lerms have been fully complied with
A person or organization may sue us to recover
on an agreed settlemenl or on a final .ludgment
againsl an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
setllement means a setllement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

4. Other lnsurance
lf other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a- Primary lnsurance
This insurence ls primary except when b.
below applies. lf olher insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess lnsurance
This insurance is excess over any of the other
insurance, whether Primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Buildefs
Risk, Installation Risk or similar coverage
for'your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises renled to you 0r
temporarily occupied bY You with
Permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
co\,/er your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of lhe owner;
(4) Aircrafr, Auto or Watercraft
lf the loss arises out of the mainlenance 0r
use of aircraft, "autos" or walercrafl to the
exlent not subjecl to Exclusion g. of
Section I - Coverage A - Bodily lnjury And
Property Oamage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
lf the loss arises out of "propetty damage"
to borrowed equipment or the use of
elevators to the extenl not subject to
Exclusion j. of Section I ' Coverage A -
Bodily ln.iury And Property Damage
Liability;
(6) When You Are Added As An Additional
lnsured To Other lnsurance
Any other insurance available to you
covering liability for damages arising oul
of the premises or operations, or products
and completed operalions, for which you
have been added as an addilional insured
by that insurance; or
(7) When You Add others As An
Additional lnsured To This lnsurance
Any other insurance available to an
additional insured.

However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage Part.
(a) Primary lnsurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreemenl lhat this insurance be
primary. lf other insurance is also
primary, we will share with all that
other insurance bY the method
described in c. below.
(b) Primary And Non-Contributory To
Other lnsurance When Required BY
Contract
lf you have agreed in a writlen
contract, wTitten agreement, or permit
that this insurance is primary and noncontributory with the additional insured's own insurance, this insurance
is primary and we will not seek
contribution from tnat other insurance
Page '16 of 21
HG 00 01 09 16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy No. 5TUEABA6WSN
Paragraphs (a) and (b) do not apply to
other insuranoe to which the additional
insured has been added as an additional
insured.

When this insurance is excess, we will have
no duty under coverages A or B to defend
the insured against any "suil" if any other
insurer has a duty to defend the insured
against that "suit". lf no other insurer detends,
we will underlake to do so, but we will be
entitled to the insured's rights against all
those other insurers.

Vvhen lhis insurance is excess over olher
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amounl that all such other
insurance would pay for the loss in the
absence oflhis insurance: and
(2) The total of all deductible and self-insured
amounts under all lhat olher insurance.

We will share the remaining loss, if any, with
any olher insurance that is not described in
this Excess lnsurance provision and was not
bought specifically to apply in excess of the
Limits of lnsurance shown in the Declarations
ofthis Coverage Part.
c. Method Of Sharing
lf all of the other insurance permits
contribution by equal shares, we will follow
this method also, Under this approach each
insurer conlributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes flrst.
lf any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. under this method, each
insureds share is based on the ratio of its
appticable limit of insurance to the total
applicable limits of insurence of all insurers.

5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.

At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named lnsured.

The due date for audit and retrospective
premiums is the date shown as the due dale
on the bill. lf the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
ielurn the excess to the first Named lnsured'
c. Tne first Named lnsured must keep records of
the informalion we need for premium
computation, and send us copies at such
times as we may request.
6, Representations
a. When You Accept This Policy
By accepting this Policy, You agree:
(1, The statements in the Declaralions are
accurate and comPlete;
(2) Those slalements are based upon
represenlations You made to us; and
(3) We have issued lhis policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
lf unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this coverage Part because
of such failure.

7. Separation Of lnsureds
Except with respect to the Limits of lnsurance,
and any rights or duties specifically assigned in
this Coverage Part to lhe first Named lnsured,
this insurance applies:
a. As if each Named lnsured were the only
Named lnsuredi and
b. Separately to each insured against whom
claim is made or "suit' is brought.

8. Tmnsfer of Rights Of Recovery Against
Others To Us
a. Transfer of Rights Of Recovery
lf the insured has rights 10 recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transfened to
us. The insured musl do nothing afler loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver of
subrogation)
lf the insured has waived any rights of
recovery against any person or organizalion
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such Person or
organization in a conlract, agreement or
permit thal was executed prior to lhe injury 0r
damage.

9. When We Do Not Renew
lf we decide not to renew this Coverage Part, we
will mail or deliver to the tirst Named lnsured
shown in the Declarations written nolice of the
HG 00 01 09 15 Page 17 ot 21
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy no. 5TWEAAJ9MEN #
THIS ENDORSEMENT CHANGES THE POLICY' PLEASE READ lr CAREFULLY'

WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT . CALIFORNIA
we have the right to recover our payments from anyone liable for an injury clvered by this policy. we. will not enforce our riglit against the person or organization named in the Schedule. (This agreement appliss only to the "it"ni
tt at yo-, periorm work under a writi;n contract that requires you to obtain this agreement from us.) You musl maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the california workers' compensation premium otherwise due on such remuneration.

SCHEDULE
P€rson or Organlzallon
Any person or organization from whom
you are required by written contract or
agreement to obtain this waiver of
rights from us.

Countersigned bY
Job Description
Authorized presentative
Pollcy Explratlon Oai.ez 0210112025 Form WC 04 03 06 (1) Printed in U.S.A.

Procsss Date: OZl0ll2024
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Executed in Duplicate Bond No.: 0849395
Premium: $547.00

BOND OF TAITIIFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monter€y county, state of califomia, by Resolution No. 22850 O{.C.S), passe.d December 5. 2023. has been awarded to p9g5 Electric Solutions. Inc.. heleinafter designaled as "hincipa[," a Cont'act/Project for

ON-CALL STREETLIGHT MAINTENANCE SERVICES
WHEREAS, said Principal is required under the terms of said ContractlProjoct to ftrnish a Bond for the faithful performaace of said Conkact/Project
Now, thereforg We, the Principal and
-
Harco National lnsurance Company
Surety, are held and firmly bounded !o the City of Salinas, MoDtsroy Courty, Califomiq in the as
penal sum
of hftv thousand
($50,000.00) Doltars, Iawful money of the United States, being not lecs thm 100% of the estimated ContracUProject cost of the work for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administr&tors and successors, jointty and severally, frrnly by these presents.

THE CONDITION OF TItrS OBLIGATION IS SUCH, that if the above bound Principal, hiyher or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and rvell and truly keep and faithftlty perform tho covenants, conditions. and agreements in the said Contract/Project and any alterations made as therein provided, on hisiher or their p8r! to bs kept and pcrformcd at the timc and in the manner therein specified, and in all respects accordi.ng to their true intent and meaning, and shall indemnif and save harmless the City of Salinas, its officers and agenb, as therein stipulatod" then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said Contract{Project the above obligation ur the amount ofnot less than {ft of the estimated Conbact/Projcct cost, shall hold good for a period ofl yg afuu the completion acceptance of the said worlg during which time if the above bound Principal, his/her or its heirs, execulors, adminishators, successorc or assigns shall fail to make full completc and satisfactory repair and replacemenls or totally protect the said City of Salinas fiom loss or damage made evident durilg said poriod of/ ycar from the date ofacceptance ofsaid worlq and resulting lrou or caused by defective materials or faulty workmanship in fre prosecution ofthe work done, the above obligation in the aflount of not loss than ]!ft of the total bid Proposal cost shall remain in firll force ald virtue, otherwise the above obligahon shall be void. However, nothing in this paragaph to the cont-ary notwithstanding, the obligation ofthe Sur€ty hereunder sh&ll continue so long as any obligation ofthe Principal remains.

For any moneys eamed by the Principal and withheld by the City of Salinas to ensure the performaace of the Conh&ctlProject, the Principal may, at hiVher rcquest and expense, substitute securities equivalent to the emount withheld in the form and manner and sub-iect to the conditions provided within the Provisions Section 22300 ofthe Public Contracs Code ofthe State of Califomia.

And th6 said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms ofthe Contract/Project or to th€ work to bc performed thcreunder or tho Specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such ohange, extonsion of time, alteration or addition to the terms ofthe Contractor or to the work or to the Specifications.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Bond No.: 0849395
IN MTNESS WHEREOF the above bond parties have executed this instrument under their seals this 9th of February 20 24 , the name and
corporate seal ofeach corporate party being hereto affixed and these presents duly signed by its undersigned rcpresentative; pursuant to authodty of its govcming body.

Principal Name: Bear tslectric Solutions. Inc.

Address:
(Athch Notary Acloowle.dgrreot)
(Attach Notary Acknowledgment)
(Stsrd.,. in btu tn*)
(Slslnn,. ln btu. ink)
Swaty Name: Harco National lnsurance Company
3003 Oak Rd. Suite 200,
Walnut cA 94597
By
6ttdt . tn bhz k )
Polio, Attorney-in-Fact
(Sl$dttr. Ia btlt. inq
dav
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 cALrFORlllA ALL-PURPOSE ACK OWLEDGMEI{T clvlL coDE s 1189 iarrc4fa<.4affi r.r.\aaa,cfx)ar,a'(.tr.a(ie.]c.,{,a{a!:6ccf,cfidYicca.(Ga; A notary public or other oflicsr completing lhis ce(ificate veifies only ihe idemity oI the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califomia
County of San Francisco
On L a 707q
personally appeared Rossio Polio
Name(s) of Signer(s)
who provsd to me on the basis of satisfactory evidence to b€ the person(s) whose name(s) iyare subscribed to the within instrument and acknowledged to me that he,/sheithey executed the same in hiyher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @"ffiffii#i*,
Signature
Place Notary Seal AboYe

OPTIONAL
'l'itle or Typ€ of oocument:

Number of Pages:
-
Signer(s) Other Than Named Above:

Capacity(ie6) Claimed by Signer(sl
Signeas Name :Rossio er's Name:

Signature of Notary Public
Though this section is optional, completing this information can deter eltention of the document or fraudulent reattachment of this torm to an unintended document' Desc.iption of Attached Document
Document Date:
! Corporate Officer - Title(s):
! Partner - tr Limited Lr General I Panner -
L lndividual
I I Trustee
n Fact
or Conservator
i I Other:
tl Officer - Title(s):
mited
D lndividual
! Trustee
lX Attorney in Fact
I I Guardian or Conservator
l. Other:

Signer ls Representing: Signe
&!x,Ec
@2014 tlational Notary Association . www.NationalNotary.org ' |-800-US NOTABY 0-800-876-6824 ltem *5907 presenting
)
before me. Nerissa S. Bartolome, NotarY Public ,
Here lnsert Name and Title of the Officet
I certify under PENALTY OF PEBJURY under the laws
of the State of California that the foregoing paragraph is true and conect.

WITNESS my hand and ofiicial seal.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Cal a
County of )
On before me,
Here ln ome nd Title of the
personally aPPeared
Nome(s) of Signe4s)
c._.
l4h ^!{ryJ.
unxE
w_,mffi;,, 1 ,
Signature
Ploce Notory Seol ond/or Stqmp Above stgno re of Notory Public Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document.

Description of Attached Document
Title or Type of Document:

Document Date Number of Pages
Signe(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
o2019 National Notary Association
who proved to me on the basis of satisfactory evldence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hls/her/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.

WITNESS my hand and official seal.

OPTIONAL
Signeas Name:

E Corporate Officer - Title(s):
tr Partner - o Limited o G.neral -
-
E lndividual tr Attorney in Fact
tr Trustee o Guardian or Conservator
tr Other'
Signer is Representing: _._---
D Corporate Officer - Title(s):
tr Partner - - D Llmited o e"n"rJD lndividual El Attorney in Fact Et Trustee tr Guardian or Conservator
tr Other:

Signer is RePresenting:
--
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companles of IAT lnsurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 FIDELITY INSURAI{CE COMPANY have each executed and atested these prcsents on this 31st dayof December,2023
Bond # 0849395
Kt{Ow ALL MEN BY THEsE PRESENTS: That HARCO I{ATIONAL lt{SURANCE COMPAT{Y, a corporation oeanized and existing underthe laws of the State of lllinoi6, and INTERNATIONAL FIOELITY INSURANCE COMPANY, a corporation organized and existing under the lawE ofthe State ot New Jer6ey, end having their principal offces located respeclively in the cities of Rolling Meadows. illinois and Newark, New Jer6ey. do hereby constitute and appoint
VALERIE TAKEL'CHI, CHRISTINA PARSONS, KAREN R|OOES, RO.SSIO POLIO CIiRISTOPIIER M FT]U/ELL LUCY M O(,lH'.I'i, KELLY HOLTEMANN, THOMAS E HI]GI€S, CMRLESR SHOEM'.KER, ZACMRY OVERBAY, MARK M MUNEKAWA NERISSA S BARTOLOME ANDREW S I.IOLLO\ AY, JOAN D€LUCq PATRICK R DIEBEL, YIONNE

RONCAGLIOLO
San Francisco, cA
theh true and lawful attomey(s)-in-fact lo execute, seal and deliver for and on its behalf a6 surety, any and all bonds and undertakings, contracts of indemnity and other vwitings obligatory in the nature thereof, which are or may be allowed. required or permitted by law, statute, rule, reguhtion, conkact or otherwise, and the execr.taon of such instrume.t{s) in pursuance ot these presems, shall be as bindirE upon the s€id HARCO NATIONAL I SURANCE COMPANY and IHTERI{ATIO AL FIDEUTY INSURANCE COMPANY, as tully and amp}y, to all intents and purpose6, as it the same had been duly executed and ackno$dedged by thefu regulady elected officels at their prirEipal offc€s.

This Power of Atomey is executed, and may be revoked, pursu€nt to and by adhonty ofthe By-Laws of HARCO NATIOI{AL INSURANCE COMPANY and INTERNATIONAL FIOELITY INSURANCE COMPANY and is granted under and by aulhority of the iollo'ring resohJtion adopted by the Etcard of Directors of INTERNATIONAL FIOELTTY |i{SURAIICE COMPANY at a meetinq duly held on the 13h day of Oecember, 2018 aM by the Board of Oirectors of HARCO NATIONAL INSURANCE COMFA(Y at a meeting held on the 'l3th day of December, 2018. 'RESOLVED, that (1) the Chief Execdive Ollcer, Presijent, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shell have the pov/er to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defned or limited in their respective powers of attorney, and to execrde on behalf of the Corporetion and amx the Corporelion's seal thereto, bohds, undertaking6, .ecognizances, contracts of indemnity and other writlen obligations in lhe nalure lhereol or related thercto; and (2) any such Offrce6 of the Coeoration may appoinl and revoke the appointmenls of joir -conkol custodians, agents tor acceptance of process, aM Attomeys-in-fact with authority to execute waivers ard consents on behalf ofthe Corporatron; aM (3) the signature o{ any such Offrcer ot the Corporatbn and the Corporalion's seal may be affixed by facsimile lo any power of attorney or certification given for the execution of any bond, undertakng, recognizance, conhact of indemnity or other written obllgalion in lhe nature thereof or related thereto, such 6ignature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporalion as the original signature of such officer and the original 6eal of the Corporalion, to be valid and binding upon the Corporation with the $me force and effect a6 though manually affxed.'
lN WITNESS WHEREOF HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL

STATE OF NEW JERSEY
County of E$ex
Kenneth Chapman
Executive Vice President, Harco National lnsurance Company and lrnemational Fidelity lnsurance Company
On this 31sl dayof December,2023 , before me came the indivadualvrho executed the lrecedang inslrument, to me personally known, and, being by ryE duly swom, said he is the therein described and authorped offcer of HARCO NATIOI{AL INSURANCE COMPANY and INTERNATIONAL FIOELITY INSURA'ICE COMPANY;that the seals affixed to said instrument are the Corporate Seals ofsaid Companies;that the said Corporate Seals and his signature were duly affixed by order ofthe Eoards of Oirectors ofsaid Companies. i:;l::.,'Iil!ii, i!r selr- i*i
: o i rtaa :'i -: fil,rfm:$1i
",,,...:...,.r
.sitJj#?'z
.' .--P "^..., 11 ?
! iio'oIi :
': .t e!r". ..' :
ft;f6]*-1j
C**6 a>6
Cathycruz a Notery Publb of New Jersey
My Commission Expires Apdl 15, 2024
tutfu

CERTIFICANON
l, the Ltndersigned ofrcer of HARCO NAIONAL INSURANCE COMPANY and I IERNATIONAL FIDELITY INSURANCE COMPANY do hereby certity that I have compared the foregoing copy ofthe Po\rer of Attorney and aftavit, and the copy otthe Seciions ofthe 8y-LawE of said Companies as set forth ih said Power ofAltomey, with the originals on fle in lhe trome omc€ ol t€EI companies, and thal the same are correct tran6cripta lhereof. and ofthe whole of the said originals, and that the said Power oJ Attomey tas 6ot b€en rsvoked and is now an full force and effeci. lN IESTIMONY WHEREOF, I have h€reunio set my hitld orl $l6lhf. Febn.ry @, 2024 it.
stll
tgx
IY
A00467
lrene Martina, A8aialar( Secretary

STATE OF ILLINOIS
County of Cook
lN TESTIMONY WHEREOF, I have hereunto set my hand effixed my Official Seal, at the City of Newerk New Jersey the d3y and year lirst above writlen.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Executed in Duplicate Bond M.: 0849395
Prernium: lncluded in Perf. Bond

PAYMENT BOND (LABOR & MATERLAL)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monterey County, Stale of California by Resolution No. 22850 has b€m alvarded to-E€alElgEtrig.SeludaqE-In9. hereinaftor designated as "Principal," a Contrart/Project for

ON-CALL STRI,ETLIGHT MAINTENANCE SERVICES
WHEREAS, said Principal is required to fumish a bond in connection snd v.ith said Contract/Project providing that if said Principal, or any of hisAer or i6 Subcontractors, shall fail to pay for any materials, provisions, provender or otler supplies or teams used in, upoq for or about the performance for the work Contracted to be done, or for any work or labor done thereoa of Eny kin4 thc Surety ofthis bond will pay thc ssmc to the exterd hereinafter set forth;
WHEREAS, said Principal is required under the tems of s3id Contract/Project to fi.mish a Bond for the faithful peformance of said Contract;
Now, therefore, We, the Principal Harco National lnsurance Company Surety, are held and firmly bounded to the City of Salinas, Monrerey Couuty, California, in the penal sum of fiftv thousand
65!.400-0Q Dollars, lawfrrl money of thc Uniled Statcs, bcing not less than 100% of the estimated Contract/Project cost of the work, for the payment of which sum welt and truly to be made, we bind oursolves, our hcirs, exccutors, administrators and succa:sors, joinrly and swerally, firmly by these presents.

Tt{E CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, bjVher or its heirs, executors or administrators, successors or assigns, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance ofthe wort Contracled to be dotre, or for atry work or labor thereon ofany rcspect to such work or labor, as required by the provisions of Division 2, Part l, Chapter 5 of the Public Contacts Code of the State of Califomi4 and provided that the pcrsons, companies or other supplies, teams, appliances or power used in, upon, for or about the perfomrance ofthe work contracted to be executed or performed, or any person, company or corporation renting or hiring teams or implements or machinery of power for or contributing to said work to be done, or any person who performs work or labor upon sam€, or any person who supplies both work and malerials therefore, shall have complied with the provisions of said Government Code, tfien said Suety will pay the same in or to an amount not exceeding the amount hereinabove set forth. and also will pay in case suit is brought upon this bond, such reasonable attomeys fee as shall be fixed by the court, awarded ald taxed as in the abovemeutioned Code provided.

This bond shall inurc to thc bencfit ofaoy and all persons, companics and corporalions ctrtitled 10 filo claims under said Government Code, so as to give a ght to action to them or thek assigns in any suit brought upon this bond,
Ancl the said Surety, for value received, hereby stipulates and agrees that no change, extcnsion of time, alteration or addition to the lerms of the Contract/Project or to the work to be performed thereunder or the Specifications accompanying thc same shall in anyway affect its obligations of this bond and it does hereby waive notice of any such change, extension of timg alteration or addition to the terms of the Contract/Projeot or to the v/ork or to the Specifications.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Bond No-: 0849395
o(ecuted this instument rmdo dreir seals this IN WITNESS WHEREOF, the above bond parties bave 9th of February 2024 the name and
corpoElte seal ofeach corporate Party being hereto afxed and these presents duly signed by its undersigned reproseDtative; pursuant to authority of its goveming body.

Principal Name: Bear Electic Solutions. hc.

Address: l252StatesM . -
(Attach Notary Ackaowledgnent)
By:
6:ign tu t td bIrc lnl)
Suety Name: Harco National lnsurance Company
Address: 3003 Oak Rd. Suite 2o0,
Walnut cA 94597
(Attach Notary Acknowledgment)
&ntui.i,blt irh)
Polio, Attorney-in-Fact
By, N/A
(Sltndtu.lh blt. lr*)
s
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 '1189
A notary public or other officer completing this certificate verifies onlythe identity ofthe individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity ot that document.

State of Califor
County of
On before me,
Dote lnseft Nome ond Title of the Officer
4 personally appeared
Nome(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Lc-,
i
ffi",mm,,
tr Partner - El Limited tr General
tr lndividual trl Attorney in Fact
D Trustee o Guardian or Conservator
tr other:

Signer is RePresenting
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 offlcial seal.
tr Partner - tr Llmited D General
D lndividual D Attorney in Fact
tr Trustee tr Guardian or Conservator
tr other
I
Signature
Ploce Notory Seol ond/or Stomp Above sl oture of Notory Public Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document' Description of Attached Document
Title or Type of Document:

DocumentDate: Number of Pages
Signe(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signefs Name:
tr Corporate Officer - Title(s) tr Corporate Officer - Title(s) O2019 National Notary Association
Signer is Representing

OPTIONAL
Signer's Name:

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 GAL!FOR]{|A ALL-PUnPOSE ACKNOWLEDGUEI{T clvlL coDE s 1189 ,fd",(:Qca
A notary public or other otlicer completing this ceniricate verifies only ths identity ot the individual who signed the document to which this certificate js attached, and not the truthtulness, accuracy, or validity oI that document.

State of California
County of San Francisco
On 7DL before me, Nerissa S. Bartolome. Notary Public
te Here lnsert Name and Title of the Ofticer
personally appeared Rossio Polio
Name(s) of Signerls)
who proved to me on the basis of satistactory evidence to be the person(s) whose name(s) ivare subscribed to the within instrument and acknowledged to me that her'sher'they executed the same in his,/her/their authorized capacity(ies), and that by hiyher/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument.

L
I certity under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and conect.

WITNESS my hand and official seal.
7D"--.< /1^A- Signature
Signature of Notary Public
Place Notaty Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fofln to an unintended document.

Description of Attached Document
Title or Type of Document: Documsnt Oate:

Number ot Pages: --- Signer(s) Other Than Named Above:

Capacity(i€s) Claimed by Signor(s)
Signer's Name: r's Name:
(- Officer - Title(s)
Partner mited I l
-
I lndividual
I lTrustee
n Fact
or Conservator
Other:
signer
xp(,la
@2014 National Notary Association ' www.NationalNotary.org ' 1-800'US NOTARY 0-800-876'6824 ltem *5907 0 )
)
I Corporate Otficer - Title(s):
-
tr Partner - tr Limited L -l General
U lndividual LX Attorney in Fact
D Trustee I lGuardian or Conservator
r Other:

Signer ls Representing: __-_-
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

POWER OF ATTORNEY

HARCO NANONAL INSURANCE COMPANY

INTERNANONAL FIDELITY INSURANCE COMPANY
Member companies of IAT lnsurance Gloup, Headquartered: il20o Six Forks Rd, Suite lit00, Raleigh, NC 22609 KI{OW ALL MEN BY THESE PRESE TS: That HARGO NATIONAL INSURAI{CE COMPAI/Y. a coporation organized and existing under the taws of lhe State of lllinois, and |I{TERNATIoiIAL FIOELITY INSURANCE GOMPAI{Y, a corporation o€anized and existing underthe laws of t}le State of New Je6ey. and having their principal oflict6located respectively in the cilie6 of Rolling Meado$/6, lllinois and Newa*, N;w Jersey, do hereby clnstitute and appoint
VALERIE IAKEUCHI, CHRISIINA PARSOiIS KAREN RIIOOES, ROSSIO POLIO CHR]STOPHER M FIOIA/EL! LUCY M DIJNHAM KELLY I"IOITEMANN IHOMAS E H!]GHES CI{ARLES R SHOEMAXER, ZACHARY OVERBAY MARX M MUNEKAWA NERISSAS B,ARTOLOME ANOREW S HOLLOWAY, JOAN DELUCA, PATRICK R DIEBEL WONNE

RONCAGLIOLO
San Francisco, CA
their true and lawful attorney(s)-in-hct to execute, 6eal and deliver fur ard on its betElf as surety, any and all bonds and undertakings, conkacta ol indemnrty and other writings obligatory in the nature lhereof, which are or may be allowed, required or permitted by law. stratule, rule, regulation, conkact or otherwise, and ttle execution ot such instrument(s) io pursuance of these pre6er{s, shall be as binding upon the said HARco NATIONAL INSURAI{CE COMPAI{Y ard II{TERi{ATIONAL FIOELITY I SURANCE COMPAIIY, as tufiy and amp!, to aI ittents ard pu.po6es, as it the same had been duly executed and acknou,ledged by their regulady elected ofhcets at lheir principal offic€6.

This Potver of Attomey i6 executed, and may be revol@d, pursuanl to and by authority otth€ 8y-Lani ofHARCO ATIOI{AL |ISURANCE COMPANY and Ii{TERNATIONAL FIDEUTY ll{SURAttcE COMPA Y and is granted u.ier and by authority of ate |otbwing resotution adopted by the Board of Dilectors ot |ITERtrATIONAL FIDELITY ll{SURAt{CE COMPANY at a meeting duty hetd on the 13th day of Oecember,2OtB and by the Board of DilectoIs ot HARCO NATIONAL INSURAXCE COMPAT{Y at a meeting hetd on the 13th day of December, m18. "RESOLVED, that ('l) the Chief Executive Of,ice( Presller , Executive Vice Plesident, Senaor Vace President. vice president, or secretary of the Corporatlon 6hall have fhe power to appoint, and to revoke the appoiotment6 ol Atloheys-in-Fact or agents with power and authority as defned or limited in lheir reapeclive powers ot attomey, and to execute on behalf of the corporation and aftx the Corporation's r€al therelo, bonds, underteking3, re@gnizences, contracts of indemnity end other wrilten obligations in lhe nature thereof or related thereto; and (2) any such Offcers of the Corpoiati;n may appoint and rcvoke the eppointments of roinl-control custodians, agen8 ,or acceptance of prccess, and Attomeys-in-fact wilh authority to execute \ aivers and consents on behalf of the corporation; and (3) the signature oI any such O6cer of the Corf,oration and the Corporation's seal may be affred by hcaimile to any po,,rler of attomey or cedifcation given for the execution of any bond, undertaking, recognizance, contracl of indemnity or other written obligalion in the nature thereol or related thereto, such signature and seals when so used Mether heretofore or herealter, being hereby adopted by the Corpordtion a8 the original sbnature ot such officer and the onginal aeal ofthe Corporation, to be valid and banding upon the Corpo6tion with the same force and efiect a6 though manually afrted."
Bond I 0a4$95
lN WTNESS WHEREOF, HARCO NAIIOiIAL T SURANCE COMPANy and INTER FIOELITY INSURAIICE COMPANY have each executed ard attested lhese pEsents on thiB 316t dayof December,2023

STATE OF NEWJERSEY
Cour{y of €ssex

STATE OF ILLINOIS
Courty of C,ook

ATIONAL
Kenneth Chapman
Executive Vi,re President, Harco National lnsurance Company and lntemationa, Fidelity lnsuranc€ Company
...;itIilffl;i, ii; sell i8i
''."* rl,',.'&..on
j
i,-+ ."..... rr..J 4.,,,:..,.'"'
on this 31st day of December, 2023 , before me came the indrvidual vrho executed the paeceding inskurnent. to me personally known, and, being by rE duly Bwom, said he is the therein described and authorized offcer of HARCO NATTONAL [{SURAtrtCg CoMpltty and INTERNATIONAL FIOELITY INSURAiICE COMPAI,IY; that ttE seals afnxed lo said instrumenl are the Coeorate Seats of said Companies; thal the said corporale seals and his signaturc were duly affred by orderof the Boards ot Directors of said companies. lN TESTIMONY WHEREOF, I have hercunto set my hand afixed my OfficiatSeat, at th€ City of Newark New Jersey the day and year fird above vrritten.
c4%

CERNFICATION
Cathy Cruz a Notary Public of New JeE€y
My Commission Expire! April .16, 2024
l, the undersigned oflicer of HARco NAIoNAL l,{suRANcE CoMPAI{Y and tNTERNATIoNAL FtoELtTy INsURANCE coMpANy do hereby certity that I have compared the toregoing copy of the Power ol Attomey and affidavit, and the copy oflhe Sections ofthe By-Law6 of said Companies as set forth in saad Power o[Attomey wth the or'lginals on 6la in the home office of said companies, and thal the same are conect transcfipts thereof, and ofthe whole ofthe said originals, and that the seil Powgr ot Attomey has not been revoked ahd is now in full force and efiect. lN TESTIMONY WHEREOF, I have he-reunto set nry hand on this day, February $), 2024 stlt
tqx
IY
A00467
lrene Martios, Assi6lant Secretary
ht&c
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

Page 1 of 2 ends

Version: January 2021
AGREEMENT —AMENDMENT NO. 1 TO

ON-CALL STREETLIGHT MAINTENANCE SERVICES

BETWEEN
ST. FRANCIS ELECTRIC, LLC. AND CITY OF SALINAS
This Amendment No. 1 to the Agreement for Services for On-Call Streetlight Maintenance (the “Amendment”) is entered into this 8th day of October 2024, by and between the City of Salinas (the “City”) and St Francis Electric, LLC., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to amend the Agreement as follows:

TERMS

1. The total amount of compensation to be paid under the Agreement shall not exceed a total contract amount of $100,000 for the period of December 5, 2023, through December 5, 2025.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
ST FRANCIS ELECTRIC, LLC.
____________________________________
Printed name: ____Guy Smith____________

Page 2 of 2 ends

Version: January 2021
Title: _______President_________________

CITY BUSINESS

CONTRACT ROUTING FORM
fnsffuctions: Ci\/ business contracts, regardless of value, are to be routed through the originating Department, Finance Department for Purchasing policy compliance and signatory authorization review, City Attorneys'Offlce for legal evaluation as to the contract form, and the lvlayor, City 14anager, or authorized Depaftment signatory for revlew and processing, This form standardizes that rocess and is to be used as the cover sheet to ensure the complete review by appropriate City staff Please route cantract routtng form and agreements electronica'lly to [email protected] until fufther notice Department Name

REQUESTING DEPARTMENT
758-7275 Staff Member Responsible for
Contract ('DSMR")
Dept, Primary Point of Conta€t for
Contrbcts CDPPC")
Jenny Davila
Tel#
Tel# 758-7108
coNTRACTOR/VENDOR COMPANY INFORMATION
Contractor Name
Tel#
Address
[email protected]
Monica Kint 510-725-5185

CONTRACT DESCRIPTION/INFORMATION
Purpose of Contract
(Brief description)
RFP - On-Call Streetlight Maintenance Services
Term of Contract Start Date 1 0s12023 End Date 1 0sl202s $50,o00 Account No 1000.50.5235-63.4900
Type of Funding E General Funds tr Grant Funds/Federal ! crant Funds/State tr Restricted Funds E Revenue Generatin tr Other:

Type of Contract
(Check all that apply)
tr Personal/Professional Consu lta nt
tr Amendment/Renewal
tr Contract for Worksho Seminar
tr Non-Standard (Vendor-Generated
tem late
tr Goods/lvlateria ls and Devices
tr Services - General
tr License / Lease / Use of Facility
Attachment
Checklist
(Check all that are
attached )
E Request for Proposal (usually an
attachment/exhibit to professional services
contract)
tr Bid Tabulation (Bid Opening results or
Quotes received formal or informal)
tr City Council Reso
tr Original contract (Required for Routing
Amendments or Renewals)
El Endorsements to Insurance
_x_ General Liability Additional Insured
x Workers Com p Waiver of Subrogati
tr Bonds Payment _ Peformance
on . I
l
Informal Purchase quotes or bids obtained. l)Vendor: Quote: 2)Vendor: Quote:
3) Vendor: _Quote:
_ Exception to Competitive Purchasing - Sole
Source Form (attached)
. Exception to Competitive Purchasing -
Cooperative Form (attached) (piggybacking
not authorized under existing City Code)
tr Warranties Sample Actual
Page I of2

SALINAS
Public Works - Street l4aintenance
Francisco Aguilar
ST Francis Electric, LLC. Email
Contact Person
975 Carden Street
CiW, State. ziD San Leandro, Ca 94577
Contract Amount
tr Construction
B Services - Repair 8y'or Maintenance
tr lvlemorandum of Understandinq
* Alternative{y, if no attachment regarding purchasing
proc€ss complete this se€tion:
tr Purchase of $30,000+ general purchases; PW
Projects $100,000+, adjusted to index annually, or
! Certificates of Insurance:
_GL Auto _ WC Other:

V. lanuary 2024
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

CERTIFICATION & APPROVALS
Requesting DSMR, DCPP, and Department Head each certify that he/she:
(1) has read the attached contract/agreement and that the requesting department will comPly with all its req u ire me nts
(2) recognize that while Legal may review the contract from a legal and/or policy perspective. it is the requesting department's responsibility to ensure the business terms and specifications are sufficient and/or practical for departmental needs
(3) is responsible to monitor the contract for compliance, payment obligations, and to obtain effective evidence of insurance, and any required bonds at contract initiation.

PRINT NAME SIGNATURE Date
s/r/z,l Dept. Staff Member
Responsible for
Contract
Francisco Aguilar

3.'J.2, Jenny Davila
Dept. Primary Point of
contact for Contracts
3 7-.F ,q/- David lacobs
Department Head

FINANCE/ PURCHASING REVIEWED FOR COMPLIANCE
Point of Contact: Assistant Finance Director, Selina Andrews r Reviewed for
Compliance with City
Purchasing Code and
Policy
tr Confirmed an
authorized signer (title
and name) is on contract
=f rsfz'1
LEGAL
Approved as to Form
Christopher Callihan
Comments respecting Contract being routed that may be helpful to reviews, notifications respecting non-approva and/or recommendations for additi onal City Departments to review (or attached memo):
ls,
Council approved
Notei Please do not send the routing form oT any comments or advice from the City Attorn parties/contractor(s) when negotiating or corresponding. Those communications may be attorney-client privileged, and by forwarding them, you could be waiving that protective privilege, and/or doing so could affect negotiations with a third party. Further Note: If contractor requests an originally executed contract two (2) contract originals must attached Business Contract Routin Form of a contract. to the Ci a ey's Office to any third
V. lanuary 2024

Page 2 ends

Selina Andrews d*r
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 3/24/2024 | 11:06 A

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ST FRANCIS ELECTRIC' LLC.

ON.CALL STREETLIGHT MAINTENANCE SERVICES
THIS AGREEMENT is executed this 5th day of December 2023 (" Agreement" or ..Contract") between the City of Salinas, a Califomia Charter city and municipal corporation (hereinafter "City"), and St Francis Electric, LLC., a Limited Liability Company, (hereinafter "Contractor").

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, services related to On'Call Streetlight Maintenance.

It is understood by City and Contractor that Contractor performs or secures the performance of On-Call Streetlight Maintenance and related services for the City on an on-going basis. On each occasion Contractor performs services for City, Contractor shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services.

Contractor shall not proceed to perform any such service until City and Contractor have established a project cost, a completion schedule or a time period for performance, and the city has given its written authorization to perform. Written approval for performance and compensation may be granted by the appointed City Project Manager.
1 Term: Comoletion Schedule, This Agreement shall commence on December 5,2023, and shall terminate on December 5,2025, unless extended in writing by either party upon (30 days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pusuant to the terms of this Agreement and the original RFQ'

3. Compensation. City hereby agrees to pay Contractor for services rendered the City )
pursuant to this Agreement on a time and materials basis according to the rates of as shown on [!][i!! and an amount not to exceed Fifty Thousand ($50,000) Dol compensation
lars.
4, Billing. Contractor shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor's bills shall include the following information to which such services cost or Pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
Master Services Agreement v. January 2021
Bear Electric Solutions, [nc.

December 2023
Page I of 12
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 ( f) The Contraclor's signalure.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
city shall make payment on each such invoice within thirty (30) days ofreceipt; provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, city shall not be obligated to process any payment to Contractor until thirty (30) days after a correct and complying invoice has been submitted by Contractor. The City shall process undisputed portion immediately.

Mcet and Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance ofthe Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Contractor is required to fumish as part of the services under this Agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the actual costs related to the production ofsuch copies by Contractor. 7 . Responsibilitv of Contractor. By executing this Agreement, Contactor agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent maruter. By executing this Agreement, Contractor further agrees and represents to City that the Contractor possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the iervices contemplated under this Agreement and that City relies upon the professional skills of Contractor to do and perform Contractor's work. Contractor further agrees and represents that Contractor shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibilitv of CiE. To the extent appropriate to the projects to be completed by Contractor pursuant to this Agreement, City shall:
(A) Assist Contractor by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. i..toitting contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City' (B) Examine all studies, reports, sketches, drawings, specifications. proposals. and other documents presented by Contractor, and render verbally or in writing as may be-appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Contractor. (c) Jim Pia, Interim city Manager, or his designee, shall act as city's representative *ith respect to the work to be perlormed under this Agreement. Such person shall have the complet; authority to ffansmit instructions, receive information, interpret and define City's Master Services Agreement v. January 2021
St Francis Electric. LLC
December 2023

Page 5 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 policies and decisions with respect to materials, equipment. elements, and systems pertinent to Contractor's services. City may unilaterally change its representative upon notice to the Contractor.
(D) Give prompt written notice to Conhactor whenever City observes or otlerwise becomes aware ofany defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Contractor from professional responsibility for the work performed

10. Indemnification and Hold Harmless. Contractor shall defend, indemn ifr, and hold harmless the City and its officers, officials, employees, volunteers. and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder, including the performance of work of any of Contractor's subcontractors or agents, or Contractor's iailure to comply with any of its obligations contained in the agreement. except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

11. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto

12. Access to Records. Contractor shall maintain all preparatory books. records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the city under this Agreement on file for at least thee (3) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for such access and inspection.

13. Non-Assi abilitv. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is. the professional reputation and competence Contractor. This Agreement is personal to Contractor and shall not be assigned by it witho of
ut
express written approval ofthe City.

14. Chanses to ScoDe of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modiff the scope ofservices to be provided for any project to be completed under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notifu city in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment io this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

15. Ownershio of Docum ents, Title to all final documents. including drawings' specifications, data, reports, summaries, conespondence, photographs, computer software (if Master Services Agreement v. January 2021
St Francis Electric. LLC.

December 2023

Page 6 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 purchased on the City's behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for the services rendered by Contractor in connection with which they were prepared. City agrees to hold harmless and indemnify the Contractor against all damages, claims, lawsuits. and losses ofany kind including defense costs arising out ofany use of said documents, drawings, and/or specifications on any other project without written authorization of the Contractor.

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Contractor. as follows:
(1) If in the City's opinion the conduct ofthe Contractor is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Contractor shall be entitled to payment of such amount as fairly compensates Contractor for all work satisfactorily performed up to the date of termination based upon the Contractor's rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Conffactor's default, City shall deduct from the amount due Contractor the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Contractor are made to compensate City for its actual additional costs incurred in securing satisfactory performance ofthe terms ofthis Agreement, including but not limited to, costs ofengaging another Contractor(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Contractor hereunder, Contractor shall pay City the full amount of such expense.
(C) In the event that this Agreement is terminated by City for any reason, Contractor shall
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio lup"^t, u+d any other materials frovidedio Contrtctor or prepared by or for Contractor or the City in connection_with this Agreement. Such material is to be delivered to City. in completed .
form; however,
no-twithstanding the provisions of Section 15 herein, City may condition payment for services renderEd to the date of termination upon Confactor's delivery to the City ofsuch material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to. an agreement with another party.

Master Services Agrccment v. January 2021
St Francis Electric. LLC.

December 2023

Page 7 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (E) The rights and remedy ofthe City and Contractor provided under this Sectton are not exclusive and are in addition to any other dghts and remedies provided by law or appearing in any other section of this Agreement.
17, Comnliance with Laws. Rules. and Resulations. Services performed by Contractor pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incornorated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities ofthe parties.

19. Indenendent Contractor. It is expressly understood and agreed by both pafiies that Contractor, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Contactor expressly warrants not to represent, at any time or in any manner, that Contractor is an employee or servant ofthe Citv.

20. Intesration and Entire Asreement. l'his Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be govemed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter' )) Severabilitv, lf any part of this Agreement is found to be in conflict with applicable laws. such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices,
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas. Califomia 93901
With a copy to
City Attomey
Master Services Agreement v. January 2021
St Francis Electric. LLC.

December 2023

Page 8 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 City of Salinas
200 Lincoln Avenue
Salinas. Califomia 93901
(B)
addressed to:

Written notices to the Contractor shall, until further notice by the Contractor, be Guy Smith. President
ST Francis Electric. LLC
975 Carden Street
San Leandro, CA94577
(C) The execution of any such notices by the City Manager shall be effective as to Contractor as if it were by resolution or order ofthe City Council, and Contractor shall not question the authority ofthe City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail. properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Contractor shall take affirmative action to ensure that applicants are empioyed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. 25, Conflict of Interest. Contractor warrants and declares that it presently has no interest. and shall not acquire any interest, direct or indirect, financial or otherwise. in any manner or degree which will render the services required under the provisions of this Agreement a violation ofany applicable local, state or federal law. Contractor further declares that, in the performance ofthis Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict ofinterest should nevertheless hereinafter arise, Contractor shall promptly notifr City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Government code section 81000 et seq.) and Salinas city code chapter 2A that apply to Contractor as the result ofContractor's performance of the work or services pursuant to the terms of this Agreement.

26. Headinss. The section headi ngs appearing herein shall not be deemed to govem. limit. modiff. or in any manner affect the scope, meaning or intent ofthe provisions of this Agreement.

27. Attornevst Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach ofany other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attomeys' fees in addition to such costs Master Services Agreement v January 2021
St Francis Electric. LLC
December 2023

Page 9 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 as may be allowed by the Court. City's attomeys' fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Asreement, This Agreement is non-exclusive and both City and Contractor expressly reserves the right to contract with other entities for the same or similar services.

29. Rishts and Oblieations Under Asreement. By entering into this Agreement. the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required ofContractor, its representatives, agents or subcontractors by federal, state or local law. Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

32. Lesal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each ofthem has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. JointRepresentation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity ofthe parry preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warrantv of Authoritv. Each party represents and warants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it. and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part ofeither parry to enforce any provision ofthis Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) ofany other condition of performance under this Agreement.

Master Services Agreement v. January 2021
St Francis Electric. LLC.

December 2023
Pase l0 of 15

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
r Christopher A. Callihan, City Attomey or
o Rhonda Combs, Assistant City Attomey

CONTRACTOR
By Name):

Its (Title): President
Master Services Agreement v. January 2021
St Francis Electric. [,LC.

December 2023
Page ll of15
4-nGuy
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Contractor shall procure and maintain for the duration ofthe Agreement insurance against claims for injuries to p"iront o. damage to property which may arise from or in connection with the performance ofthe work hereunder and the results ofthat work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liabilify (,,cGL"): Insurance services office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis. including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than bl,0OO,OOO per occurence. If a general aggregate limit applies, either the general aggregate limit shall ipply separately to this project/location (lSO CG 25 03 or 25 04) or the general aggregate limit shatl be twice the required occurrence limit.

2. Automobile Liabitity: ISO Form CA 0001 covering any auto, or if Contractor has no owned autos. hired and non-owned autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Insurance as required by the State of Califomia, with Statutory Limits, and Empioyer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

4. professional Liability (also known as Errors and Omissions): Insurance appropriate to the work being performed, with limits no less than $1,000,000 per occulrence or claim, and $2,000,000 aggregate per policy period of one year.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City ofSalinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City'

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain,, the following provisions:

Atltlitio nal I ns ured Stat us
Insurance Requiremcnts
Exhibit A- Insurance Requirements
Self-Ins ured Rete ntion s
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Confactor shall provide coverage to reduce or eliminate such self-insured retentions as respects the city, its officers, officials, employees, and volunteers; or the contractor shall provide "rid"n""
satisfactory to the City guarante;ing payment oflosses and related investigations, claim Master Services Agreement v. January 2021
St Francis Electric, LLC.

December 2023
Page l2 of l5
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 administration. and defense expenses. The policy language shall provide, or be endorsed to provide. that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the foilowing provisions:
l. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out ofwork or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Forms CG 20 10, CG 11 85 or both CG 20 10, CG20 26, CG 20 33. or CG 20 38; gd CG 20 37 forms if later revisions used).

2. For any claims related to this project, the contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees. agents, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it.

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractor's PLL policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liabililv andior Errors & Omissions coverages are written on a claims-made form:
l. The retroactive date must be shown and must be before the date of the contract or the beginning of Agreement of work.

2. Insurance must be maintained, and evidence ofinsurance must be provided for at least five (5) years after completion ofthe Agreement of work.

3. Ifcoverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum offive (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor's PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor's PLL shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold.

Acceptabiliry of Insurers
Master Services Agreement v. January 2021
St Fmncis Electric. LLC.

December 2023

Page 13 of 15 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of Califomia. If Contractor's Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not availabie from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.

Best rating of A:X or higher. Exception may be made for the Califomia State Compensation Insurance Fund if not rated.

Ve r ijic ation of C ov e ra ge
Contractor shall fumish the City with original certificates of insurance and amendatory endorsements. or copies ofthe applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work cofitmences. However, failue to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
lYaiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers. officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless ofwhether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor ofthe City of Salinas for all work performed by the Contractor, its employees, agents, and subcontractors.

Suhcontractors
Contractor shall require and verifu that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City ofSalinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modifu these requirements, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insursnce
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Contracror of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Master Services Ageement v. Jaruary 2021
St Francis Electric. LLC.

December 2023

Page 14 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 .1 t itf,.u, r, . L'tt, c ! n,
Exhibit B- Fee Schedule

CITY OF SALINAS

RATE SHEET
5r. FBjNCIS ELECTRJC | 975 CAIDEIT ST. I sAN LEANDRo, aL 94577 | OFF: s10-539{639 | FAJ( 51S639{653 ,n tslrtulb,.ld. attal ldrdhatloi @,ilr.d h sfE\ Dro,6ats/orts. *, .6.,.t d.t.rtltattdt o. @t rct lrtj a, tt- @ttua.abt .ba. dr<, ,r&,fi.w,.tddt ttldtDdd M tri.6an,5rt., * n trt tcd,1dt t&,.,''[email protected] 4t t!t.,-,b!d. d,4!sni;ih4 tat@ or otrr,.rBr.tE bd bt.nr .t*a!* t6.nr ,.rid, tlrin, e*.td6, d afint ,,,rlt.fit'd,i * C.tE d e .@@rt ot9eE.

Master Services Agreement v. January 2021
St Francis Electric. LLC.

December 2023
Jouroclmao Elecrriciao - Tra-fEc SiCnal Maioteaaoce e.d Rcpair Houdy StrarEht Time
Itrourly Orerti"-
Ilourly Doubletirnc
S-Ll9@per hr.

S-S9.09_pcr hr.

S 200.00 per hr.

Foreaun Electrician - Traffic Signal Maist sarrce and Repair Hourly Straight Tim.

Itroudy Overtirc
lloudv Doublaimc
$-130-00pcr hr.
t-,128-Q0 per br.
$ 225.00 pcr hr.

Iaborer - Excavation- Jackhanrmer aod (ieoeral Laborer \l'qk Houdy Staipfit TiEc
Houdy Or.ertioe
S--8LQ9. perhr.
$ 105-00 pcr br.

Bucket Tnrck
Houdy Ratc S_:10- 00_per hr.

Mobile Crane
Houly Rate S-.61-0Q- per hr.

FlatbedrlJtility Tnlck
Houdy Rate $-21=Q0- pcr hr.

Page I5 of l5
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 ACORD" CERTIFICATE OF LIABILITY INSURANCE DAIE (iIM'DDIYYYY) 02/oa/202t
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORI/IATION ONLY AND CONFERS NO RIGHTS UPON THE CERNFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TTIE COVERAGE AFFORDEO BY TIIE POLICIES BELOW. THIS CERNFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.

IMPORTANT: lf the cerlificate holder is an ADDITIONAL INSURED, the pollcy(ies) must havo ADDITIONAL INSURED provlslons or bo endorsed lf SUBROGAnON |s WAIVED, subloc-t to thc torm! and condltlons of ths pollcy, certaln pollcles may .equlls an ondors.ftent. A statemenl on thls certificato does not confer hls to tho certificate holder in lieu of such ondo PROoUCER cn LIC 0429370 -? 98-3334 S.ra Dotrl!.y
Edgeyood Partnels Insurance Cente! (EPIC)
[concord - Branch ID 15459]
P. o. Bor. 5669
PHOIIE 92S-422-9009 925-887-5815
Ir,rsu AFFORDII{G COVERAGE
concoEd, CA 9{524 TNSURERA: NATIONAL UNTON EIRE INS CO OE PITTS 19445

ITISURED
g!. Eranci! El.ctllc, !!c
PO Boi 2057
s.n L€andro. cA 94577
INSURERB: AIILIED TIORLD NAT! ASSI'R CO 10590
titsuRERc: lfEw EtuPsSrRE fNs co

INSURER D

INSURER E
COVERAGES cERT|F|CATE NUMBER. ?054??18 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AAOVE FOR THE POLICY PERIOD

INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIAED HEREIN IS SUAJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIMS, x EACHOCCI]RRENCE 3 2,000,000
$ 500,000
MED EXP $ 25,000
PERSONAL & ADV INJURY 2,000,000
GEN E RAL AGGREGATE r 4,000,000
PRODUCTS. COMP/OP AGG i 4,0o0,000
$
A COMMERCIAL GEI{ERAL LIABTLITY x x cr5342018 u/0a/23 o4/oL/24 GEN'L AGGREGATE LIMII APPLIES PER:
x
JECT
CLAIMS.MADE occrrR
LOC
$ 2,000,000
x EODltY INJURY (Per peBon) $
AOOITY INJURY (Ps aqrden0 $
x $
o4/oL/24
$
x x cA4 ??3 67 6 o4 / oa /23
OWNED

AUTOS ONTY
HIREO

AWOS ONLY

AUTOMOBILE LIABILITY
$ 10,o00,000 EACH OCCURRENCE
r 10,000,000
OCCUR
x CLAIM$MADE

UMBRELLAUAB

EXCESS LIAB
B 03102 6?3 04 / 0L /23 04lot/24
DED
x ATUTE
E,L EACH ACCIOENI $ 1.000,000
€ L. OISEASE . EA EMPLOYE $ 1,000.000
01/0a/24
E.L. DISE:ASE - POIICY LIMIT r 1,000.000
c x wco22294334 o4 / oL /23 WORXERS COMPENSATION

AND EMPLOYERS' L'ABLIAY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLIJDED? Y
I
Ea. occlAgglegat€
Ea Occ/AggEeqate
5,000.000
1,000,000
o1/01/23
o4 / 0L /23
o4/01/24
o4/oL/2a
03092664
o3092664
Pollutioa !i.bi1icy
Prote3sioa.l Llrbil,ity
B
B
DESCR|PT|ON OF OPERAT|Oi{S / LOCATTONS / VEHICLES (ACORO tO1, Addlilon.l R.m.rL Sch.dul., m.y b..hch.d llmor..p.c. i. oquidd) RE: SEE Job 121-0501, On-Cal'I StreetLight lleint€nanc€ S€rvices.

AdditionaL lnsur.d(!): The City of Salinat, itt offlcers, officirl!, eryLoye.s, end volunt'cr3' nh.n r.quiEcd by xritten contEact, Additional Insulad rtatu! yith Pri-n !y t Non-cont.ibutory covclag. rPPlie! to c€ncr!1 Liabitity and auto Ll.bility .nd lhivor of gubrogation rpplles to Gcn.rrl Litbitity, Auto Lilbility and tforklrs Coqrca3.tion, .fl as Per th. attach€d .ndorseltentt. 30 dsys notice of cancclfation, e3 Per the attached andortcnentt.

Exc.s3 Li..billty und.Elying PoIi cles includc Gcnerat I.i.bilit'y , autonobile liabil,ity rnd E4Loyer! Li..bility. cERTIFICATE HOLDER CANCELLATION
SEE Job I24-050?
city of stlineg
200 LLncoln Avenu.

Salinst, CA 93901 gsA
AUIHORIZED REPRESENTATIVE 1*P-
@ 1988.2015ACORo CoRPORATION. All rights reserved.

ACORD 25 (2016103)
PATRAOl
705t7718
2344t
x

SCHEDULEO
AUTOS
NON.OWNED

AUTOS ONTY
OTH.

SHOULD AI{Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATIOI{ OATE THEREOF, NOTICE WILL BE DELIVERED II{ ACCOROANCE WITH THE POUCY PROVISIONS.

The ACORD name and logo are registered marks ofACORD
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

SUPPLEMENT TO CERTIFICATE OF INSURANCE OATE
02loa/2o24
NAME OF INSURED: St. ar.nciE El.€cr.ic, !!c
Additional DescriDtion oI Ooerations/Remarks from Paoe 1:
suPP (0s/04)
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

ENDORSEMENT
This endorsement, effective 12;O1 A.M. O4lOLl2O23 forms a part oI policy No.CA 477-36-76 issued to ST. FRAI{C I S ELECTRIC, LLC byNATIONAL UNI0N FIRE INSURANCE C0IIPANY 0F PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED . WHERE REOUIRED UNDER CONTRACT OR AGREEMENT This endorsement modilies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:

Anv oerson or oroanization for whom you are contractually bound to or6v'ide Addition;l lnsured status but only to the extent of such berson's or organization's Iiability arislng out of the use of a covered 'auto'.
l. SECTION ll - LIABILITY COVERAGE. A. Coverage, 1. - Who ls lnsured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy. but only with respect to liability arising out of use of a covered "auto", However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy. or
(2) The coverage and/or limits required by said contract or agreement. here
87950 {10/05) Page 1 of 1
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 ENDORSEMENT #
This endorsement, effective 12:O1 A.M. O4/OU2O21 forms a part of Policy No.CA 477-36-76 issued to ST. FRANCTS ELECTRtC, LLC Bv NATI0NAL UNI0N FIRE INSURANCE C0[iPANY oF P|TTSBURGH, pA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
ln the event that the lnsurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation ellective date is prior to this policy's expiration date; 2 the Firsl Named lnsured is under an existing contractual obligation to notify a certi{icate holder when this policy is canceled (hereinafter. the "Certificate Holder(s),') and has provided to the lnsurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the lnsurer received this information after the First Namod lnsured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the lnsurer, the lnsurer will provide advice oI cancellation (the "Advice") via e-mail to each such Certificate Holders within !Q days after the First Named lnsured provides such information to the lnsurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named lnsured provides such inlormation to thelnsurer.

Proof of the lnsurer emailing the Advice. using the inrormation provided by the First Namod lnsured, will serve as proof that the lnsurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Detinitions apply to this endorsement
l First Named lnsured means the Named lnsured shown on the Declarations page ol this policy.

2. lnsurer means the insurance company shown in the header on the Declarations page of this policy.
1O7414 lo3t11|
Authorized Rapresentative
All other terms, conditions and exclusions shall remain the same.

Page 1 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

ENDORSEMENT
This endorsement, effective 12:O1A .M. 04/07/2023 forms a part of policyNo. CA 477 -36'76 issuedto ST. FRANCIS ELECTRIC, LLC Saction lV - Business Auto Conditions, 8., Goneral Conditions, 5., Other lnsurance, c., is amended by the addition of the following sentence:

The insurance aflorded under this policy to an add itional insu red will apply as primary insurance for such additionalinsured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additionalinsured to contribute to the settlement of loss arising out of such accident.

All other terms and conditions remain unchanged,
74445 (1O/99)
byNATIONAL UNION FIRE INSURANCE COI'IPANY 0F PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INSURANCE PRIMARY AS TO CERTAIN ADDIT]ONAL INSUREDS
This endo$ement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
or
Where
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

ENDORSEMENT
This endorsement, effective 12:01 A.M. O4/OI/ZOZ3 forms a part of policy No. CA 477 -36-76 issued to ST. FRANC I S ELECTR tC, LLC by NATIONAL UNION FIRE INSURANCE cof.IPANY oF PITISBURGH, PA 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:

BUSINESS AUTO COVERAGE FORM
section lv - Business Auto conditions, A. - Loss conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add:

However, we will waive any right of recover vre have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if:
(1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organizalion; and
(21 The contract or agreement was entered into prior to any " accident,, or ,,loss,, .

No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee.
62897 (6/9s)

ORIZED REPRESENTATIVE
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

COMMERCIAL GENERAL LIABILITY
cG 20'10 1219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL TNSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMEBCIAL GENERAL LIABILITY COVEBAGE PART

SCHEDULE
Name Of Additional lnsured Person(sl
Or Organization(s) Location(s) Ol Covered O ations

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE

ENTERED INTO,
lnformation required to complete this Schedule. iI not shown above, will be shown in the Declarations

PER THE CONTRACT OR AGREEMENT
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by;

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalJ;
in the per{ormance o{ your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance af{orded to such additional
insured only applies to the extent permitted
by law; and

2. lf coverage provided to the additional
insured is required by a contract or
agreement, the insurance arforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afrorded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily inlury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behslf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any Person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
cG 20 10 12 19 Page 'l ol 2
POLICY NUMBER: GL 534-20.18
O lnsurance Services Office, lnc., 2018
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section lll - Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less,
This endorsement shall not increase the
applicable limits ot insurance.

Page 2 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 POLICY NUMBEH: GL 534-20.18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITTONAL INSURED. OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEOULE
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily iniury" or
"property damage" caused, in whole or in part.
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the " products-completed operations
hazard".

However:

1. The insurance aftorded to such additional
insured only applies to the extent permitted
by law; and

2. lf coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

COMMERCIAL GENERAL LIABILITY
cG 20 37 1219
B. With respect to the insurance afforded to these
additional insureds, the following is added to
soction lll - Limits Of lnsurance:
lJ coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Location And Description Ot Co leted O tions

PER THE CONTRACT OR AGREEMENT
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. cG 20 37 12 19 O lnsurance Services Office, lnc., 2018
Name Of Additional lnsured Person{s)
Or Organization(s)

ANY PERSON OR ORGANIZATION

WHOM YOU BECOME OBLIGATED

TO INCLUDE AS AN ADDITIONAL INSURED
A5 A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.

Page 1 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 ENDORSEMENT#
This endorsement, effective 12:O1 A.M. O4/O1/2O23 forms a part of Policy No.GL 534-20-18 issued to ST. FRANCTS ELECTRtC, LLC By NATIONAL Ut{lON FIRE INSURANCE C0iiPANY 0F P|TTSBURGH, pA THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITED ADVICE OF CANCELLATION PROVIDED VtA E-MAIL

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
ln the event that the lnsurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named lnsured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the ',Certificate Holde(s),') and has provided to the lnsurer, either directly or through its broker of record. the email address of a contact at each such entity; and
3, the lnsurer received this inrormation after the First Named lnsured receives notice of cancellation of this policy and prior to this policy's cancellation erfective date. via an electronic spreadsheet that is acceptable to the lnsurer, the lnsurer will provide advice of cancellation (the "Advice") via e-mail to each such Certiricate Holders within ]Q days after the First Named lnsured provides such information to the lnsurer; provided, however, that if a specific number o, days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named lnsured provides such inlormation to thelnsurer.

All other terms, conditions and exclusions shall remain the same. 1074141O3t',t1t
Authorized Repr6santative
Proot of the lnsurer emailing the Advice. using the inJormation provided by the First Named lnsured, will serve as proof that the lnsurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect. in any way. coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named lnsured means the Named lnsured shown on the Oeclarations page of this policy.

2. lnsurer means the insurance company shown in the header on the Declarations page ol this policy.

Page 1 ends

DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7

ENDORSEMENT
This endorsement, effective 12:O1 A.M. O4lOLl2O23 {orms a part of l. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location Geneial Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one ol the {ollowing:
lxl Per Project General Aggregate Limit $ 2
'
000
'
000
[ ] Per Location General Aggregate Limit $
I I Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED. THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. policy No.GL 534-20-18 issued to ST. FRANCIS ELECTRlc, LLc bvNATIONAL UNION FIRE INSURANCE C0IIPANY 0F PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY'

AMENDMENT OF LIMITS OF INSURANCE
(Per Project or Per Location Aggregate Limit)
This endorsement modifies insurance ptovided under the following:

COMMERCIAL GENERAL LIABILITY COVEBAGE FORM
ll. SECTION lll - LIMITS OF INSURANCE , is amended to include the following The Limits ol lnsurance and the rules below fix the most we will pay regardless of the number of:
a. lnsureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

2. The General Aggregate Limit is the most we will pay for the sum of:
1 a. Medical expenses under CoverageC;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B'

3. The Products-Completed Operations Aggregate Limit is the most we will pay under coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard".

4. Subject to 2. above, the Personal and Advertising lniury Limit is the most we will pay under cor"r"g" B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization.

5.Subjectto2.or3.above,whicheverapplies,theEachoccurrenceLimitisthemostwewill pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under CoverageC

Page 1 of 2 ends

86681 (9/04)
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 6 because of all "bodily injury" and "propeny damage" arising out of any one "occufrence". subject to 5. above, the Damage to premises Rented ro you Limit is the most we will pay under Coverage A because of "property damage,,to any one premises, while rented to you, or in the case of damage by rire, while rented to you or temporarily occupied by you with permission ol the owner.

Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury', sustained by any one person.

Subject to 2., 4., 5., 6., and/or 7. above. the per project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of:
a. Damages under Coverage A;
b. Damages under CoverageB; and
c, Medical Expenses under CoverageC
arising out ol any single Project described above

9. Subject to 2., 4.,5,, 6., and/or 7. above, the per Location Aggregate Limit is the most we will pay under Coverages A, B. and C combined for the sum of:
a, Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under CoverageC
arising out of the any single Location described above
7 I
The Limits of lnsurance oI this coverage part apply separately to each consecutive annual period and to any remaining period oI less than 12 months, starting with the beginning ol the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. ln that case, the additional period will be deemed part of the last preceding period lor purposes of determining the Limits of Insurance. lll. The Limits of lnsurance shown in the Declarations are deleted in their entirety and replaced by the Limits of lnsurance set forth below.

General Aggregate Limit
Each Occurrence Limit
Products-Completed Operations Aggregate Limit
Personal & Advertising lnjury Limit
Damage to Premises Rented to You
Medical Expense Limit
Per Project General Aggregate Limit, Per Location
General Aggregate Limit or Per
Project and Per Location General Aggregate Limit
Limits of lnsurance $ t 0 ,000,000 $ 2,000,000 $ 4,000,000 $ 2,000,000 $ 500,000 $ 25,000 I 4,000,000
lV. SECTION V - DEFINITIONS, is amended to include the following:

23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right_of_way railroad.

All other terms and conditions oJ this policy remain the same. rssentative or
re (in States Where

Page 2 ends

86681 (9i 04)
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 COMI\4ERCIAL GENERAL LIABILIry
Policy # GL 534-20-18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COI\iIMERCIAL GENERAL LIABlLlry COVERAGE PART
LIQUOR LIABILIry COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILIry COVERAGE PART
The following is added to the Other lnsurance
Condition and supersedes any provision to the
contrary[
Primary And Noncontributory lnsurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named
lnsured under such other insurance: and
(2) You have agreed in writing in a contract
or agreement that this insurance would
be primary and would not seek
contributron ftom any other insurance
available to the additional insured.
cG 20 01 12 19 O lnsurance Services ffice' lnc., 2018 Page 1 of 1

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 PoLICY NUMBER: GL 534-20-18 COMMERCIAL GENERAL LIABILITY cG 24 17 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTUAL LIABILITY - RAILROADS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
(lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to operations perlormed for, or affecting a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the
Oefinitions section is replaced by the following:

9. "lnsured Contract" means:
a. A contract lor a lease of premises. However,
that portion of the contract for a lease of
premises that indemniries any person or
organization lor damage by fire to premises
while rented to you or temporarily occupied
by you with permission oI the owner is not
an "insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement;
l. That part of any other contract or agreement
pertaining to your business (including an indemnification ol a municipality in connection with work performed for a municipality)
under which you assume the tort liability of
another party to pay for "bodily injury" or
"property damage" to a third person or
organization. Tort liability means a liabilily
that would be imposed by law in the
absence of any contract or agreement.

Paragraph f. does not include that part of any
contract or agleement:
(1)That indemnifies an architect. engineer or su.-
veyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or
approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specilications; or
(b) Giving directions or instructions, or failing to
give them. if that is the primary cause of the
injury or damage;
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for an in- jury or damage arising out of the insured's rendering or failure to render professional
services. including those listed in paragraph (1)
above and supervisory, inspection, architectural
or engineering activities.

Scheduled Railroad:

ANY RAILROAD ORGANIZATION WHOI.I HAS
GRANTED YOU AN EASEI1ENT FOR ANY JOB
S I TE TO PERI1 I T YOU TO PERFORI.I WORK AS
A RESULT OF ANY CONTRACT OR AGREEI.IENT
YOU HAVE ENTERED INTO.

Designated Job Site:

O cG 24 17 10 01 ISO Properties. lnc., 2OOO Page 1ol 1 tr DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 POLICY NUMBER: GL 534-20-18 COMMERCIAL GENERAL LIABILITY cG 24 04 12 19

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION}
This endorsement modifies insurance provided under the following

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIOUOB LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PAHT DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDEBGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
The following is added to Paragraph 8. Transfer Ot
Rights Of Recovery Against Others To Us of
Section lV - Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.

PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO Name Of Person(s) Or Organization(s):
uired to complete this Schedule, if not shown above, will be shown in the Declarations' lnformation req cG 24 04 12 19 Page 1ot 1 O lnsurance Services Office, lnc., 2018 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(Tho following "attaching clause' ne€d b€ comploted only wh€n this endors€menl is issued subsequont to pr€paration of the poticy).

This endorsement, effective 12:01 AM O4/OL/2O23 forms a part of policy No. WC OZZ-Z}-8334 lssued to ST. FRANCIS ELECTRtC, LLC
By NATIONAL UNION FIRE INSURANCE CottpANy oF p TTTSBURGH, pA.

LIMITED ADVICE OF CANGELLATION PROVIDED VIA E-MAIL

TO ENTITIES OTHER THAN THE NAMED INSURED
(WORKERS' COMPENSATION ONLY)
This policy is amended as follows:
ln the event that the lnsurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy,s expiration date;

2. the Named lnsured or, if applicable, any other employers named in ltem 1 of the lnformation page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the " Certificate Holde(s)") and the Named lnsured has provided to the lnsurer, either direcgy or through its broker of record, the email address of a contact at each such entity; and

3. the lnsurer received this information after the Named lnsured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheel that is acceptable to the lnsurer, the lnsurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3Q days after the Named lnsured provides such information to the lnsurer; provided, however, that if a speciJic number of days is noi stated above, then the Advice will be provided to such Certificate Holde(s) as soon as reasonably practicable after the Named lnsured provides such information to the lnsurer.

Proof of the lnsurer emailing the Advice, using the information provided by the Fi6t Named lnsured, will serue as proof that the lnsurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsemenl invest any rights in any entity not insured under this policy.

The following deflnitions apply to this endorsement:

1. Named lnsured means the insured first named employer in ltem 1 of the Information Page of this policy.

2. Inaurer means the insurance company shown in the header on the lnformation Page of this policy.

All other terms, conditions and exclusions shall remain the same. $;qv('fr
wc 99 00 56
(Ed. 04/r r )

AUTHORIZED REPRESENTATIVE
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The follolring "attaching clause' need be completed only when this eMorsement is issuod subsequent to prsparation ot the policy).

This endorsement, effective 12:01 AM 04loll2|23 forms a part of Policy No. WC 022-29-8334 lssued to ST. FRANCIS ELECTRIC, LLC
By NATIONAL UNI0N FIRE INSURANCE COI.IPANY 0F PITTSBURGH, PA.

We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy.
wc 04 03 6't
(Ed. 11/90)
Countersigned by
Authorized Representative

BLAN KET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-527, Version: 1
Agreement with Industrial Machine Shop for Industrial Wastewater Treatment Facility Emergency Pump 2 Repair
Approve a Resolution ratifying the emergency agreement with Industrial Machine Shop for emergency pump repairs at the Industrial Wastewater Treatment Facility in an amount not to exceed $38,243.93, with a 5% contingency for unforeseen repairs.

City of Salinas Page 1 of 1 Printed on 10/3/2024
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: GARY GABRIEL, WASTEWATER MANAGER
TITLE: AGREEMENT WITH INDUSTRIAL MACHINE SHOP FOR PUMP
2 REPAIR AT THE INDUSTRIAL WASTEWATER TREATMENT

FACILITY
RECOMMENDED MOTION:

A motion to approve a Resolution ratifying the emergency agreement with Industrial Machine Shop for emergency pump repairs at the Industrial Wastewater Treatment Facility in an amount not to exceed $38,243.93, with a 5% contingency for unforeseen repairs.

EXECUTIVE SUMMARY:

This emergency repair of the influent pump station pump system is critical to the continued movement of industry agricultural wastewater that is discharged to the Industrial Wastewater Treatment Facility (IWTF) 24 hours a day. The repair is essential for health and safety operations of continued pumping of wastewater from the industries to prevent an industry process water overflow from the system or facility. The City Manager approved the contract with Industrial Machine Shop to complete the repairs on an emergency basis.

BACKGROUND:

The Industrial Wastewater Treatment Facility is a unique system separate from the sanitary sewer and the stormwater systems within the City of Salinas. The IWTF processes and treats annually 700 to 900 million gallons of agricultural wastewater discharged by twenty-three (23) permitted industrial users through this dedicated system. The Wastewater Division of Public Works oversees operations and maintenance of the nearly 200-acre facility. Inspections and maintenance are performed daily to keep the facility functioning and processing theses flows that are received from the industries 24 hours per day 7 days per week.

The IWTF is regulated under a waste discharge requirement (WDR) permit administered by the California Regional Water Quality Control Board and overseen by the Central Coast Waterboard to maintain the facility as prescribed in the permit.

Page | 2
The influent pump station is a critical component of the process and treatment of the generated wastewater. The pump station is comprised of 3 pumps which are used on a rotating basis, unless the flows are high then all three pumps are needed to move the water. This repair is needed to continue the treatment process without any potential delays or down time.

Industrial Machine Shop was contacted to perform the emergency repair to the pump. Industrial Machine Shop was contacted because they have completed other pump repairs at the IWTF, they were available right away, and they are local.

To date Industrial Machine Shop has pulled the pump from the lift station, transported it to their shop, and is currently working on the pump. The 5% contingency is needed in case any unforeseen issues arise during the tear down and rebuilding of the pump.

On June 25, 2024, City Council approved Resolution No. 23030 for the award of a contract for sediment removal at the Industrial Wastewater Treatment Facility. Staff does not plan to rebid the lift station project until FEMA reimbursement for the sediment removal project is received and the industrial funds can be evaluated.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes, Government Code §84308/Levine Act applies to this item.

STRATEGIC PLAN INITIATIVE:

This project compliments and supports the City Council goal areas of Safe, Livable Community, Excellent Infrastructure, and Quality of Life.

DEPARTMENTAL COORDINATION:

Public Works Wastewater Division worked closely with Public Works Admin and Maintenance Divisions in preparation of the agreement and with the Finance Division to ensure sufficient funds are available.

Page | 3
FISCAL AND SUSTAINABILITY IMPACT:

Fund Appropriation Appropriation/Project
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget
Page
Last Budget
Action (Date,
Resolution)
5800 50.9794 Industrial WW
Treatment Facility
Repairs
$56,891 $41,000 N/A N/A
ATTACHMENTS:

Resolution
Agreement
Video Captures
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION RATIFYING THE AGREEMENT WITH INDUSTRIAL MACHINE

SHOP FOR INDUSTRIAL WASTEWATER TREATMENT FACILITY EMERGENCY PUMP 2 REPAIRS
WHEREAS, on September 6, 2024, Pump 2 at the Industrial Wastewater Treatment Facility experienced a terminal failure to the main bearings attached to the impellers on the main shaft; and
WHEREAS, Industrial Machine Shop was called for the emergency repair to prevent a health hazard to the Salinas community; and
WHEREAS, pursuant to Salinas Municipal Code section 12-24, the City Manager entered into an agreement with Industrial Machine Shop to complete the repairs on an emergency basis in order to protect the public’s health and safety which would result from the failure of Pump 2 at the Industrial Wastewater Treatment Facility; and
WHEREAS, funds in CIP 9794 were transferred to CIP 9368 to fund the Sediment Removal Project; and
WHEREAS, to fund the emergency repairs, $41,000 from CIP 9009 needs to be transferred into CIP 9794.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council ratifies the agreement with Industrial Machine Shop in the amount of $38,243.93 with a 5% contingency for the repair of the Industrial Wastewater Treatment Facility Pump 2; and BE IT FURTHER RESOLVED that $41,000 from CIP 9009 be transferred to CIP 9368 to fund the emergency repairs.

PASSED AND APPROVED this 8th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
Page | 2
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Agreement for Services v. January 2021 Page 1 of 10
Industrial Machine Shop
September 2024

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND INDUSTRIAL MACHINE SHOP
INDUSTRIAL WASTEWATER TREATMENT FACILITY EMERGENCY PUMP 2 REPAIR
THIS AGREEMENT is executed this 8
th day of October 2024, (“Agreement” or
“Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Industrial Machine Shop, a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Emergency pump repair. Scope of work is further discussed in Contractor’s Proposal dated 09/06/2024, Attachment B.

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall commence September 6, 2024, and shall be completed by June 30, 2025, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, for an amount of Thirty Eight Thousand Two Hundred Forty-Three Dollars and Ninety-Three cents ($38,243.93) with a 5% contingency, as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and Agreement for Services v. January 2021 Page 2 of 10
Industrial Machine Shop
September 2024
indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations including those outlined in Attachment C. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

Agreement for Services v. January 2021 Page 3 of 10
Industrial Machine Shop
September 2024

CITY OF SALINAS
__________________________________
René Mendez
City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR
___________________________________
By (Printed Name):__Kyle Wilson or Charles Wilson___
Its (Title):___________________________
Agreement for Services v. January 2021 Page 4 of 10
Industrial Machine Shop
September 2024
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, 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/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. January 2021 Page 5 of 10
Industrial Machine Shop
September 2024
or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. January 2021 Page 6 of 10
Industrial Machine Shop
September 2024
Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Agreement for Services v. January 2021 Page 7 of 10
Industrial Machine Shop
September 2024
Attachment B
Agreement for Services v. January 2021 Page
8 of 10
Industrial Machine Shop
September 2024
Agreement for Services v. January 2021 Page 9 of 10
Industrial Machine Shop
September 2024
Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 etseq., and/or to comply with the other applicable provisions of Labor Code §1720 etseq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.

The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

Copies of the prevailing rate of per diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database Agreement for Services v. January 2021 Page 10 of 10
Industrial Machine Shop
September 2024
(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”):

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-537, Version: 1
Bridge Preventative Maintenance Plan Grant Acceptance from the Federal Highway Administration Highway Bridge Program Funds
Approve a Resolution accepting a $336,399 grant for the City Bridge Preventative Maintenance Program from the Federal Transportation Improvement Program; and reaffirming Resolution No. 17926, authorizing the Public Works Director to execute agreements with the Department of Transportation (Caltrans) related to the Bridge Preventative Maintenance Plan Grant.

City of Salinas Page 1 of 1 Printed on 10/3/2024
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: BRIDGE PREVENTATIVE MAINTENANCE PLAN GRANT

ACCEPTANCE FROM THE FEDERAL HIGHWAY

ADMINISTRATION (FHWA) HIGHWAY BRIDGE PROGRAM
FUNDS
RECOMMENDED MOTION:

A motion to approve a resolution:
1) Accepting a $336,399 grant for the City Bridge Preventative Maintenance Program from the Federal Transportation Improvement Program; and
2) Reaffirming Resolution No. 17926, authorizing the Public Works Director to execute agreements with the Department of Transportation (Caltrans) related to the Bridge Preventative Maintenance Plan Grant.

EXECUTIVE SUMMARY:

The City of Salinas has received Federal Highway Bridge Program funds in the amount of $336,399 for Preliminary Engineering phase of the Bridge Preventative Maintenance Program, Project No. BPMPL-5045(046), to implement preventive maintenance work for five qualified city bridges. The grant program requires a 20% match of local funds of $84,100 for this work.

This grant program requires a recent Council Resolution stating the title of the person authorized to enter into a contract with Caltrans and the project title for this grant.

BACKGROUND:

On March 7, 2017, City Council approved Resolution No. 21133 accepting a $40,000 grant from Caltrans to write the Bridge Preventative Maintenance Plan (BPMP) for city bridges. The BPMP was submitted to Caltrans for funding for Preliminary Engineering and construction.

Page | 2
In August 2023, the City of Salinas was notified by Caltrans that the City was scheduled in the Federal Transportation Improvement Program (FTIP) to receive Preliminary Engineering (PE) funding in FY23/24. In January 2024, the City was informed that the required documentation could not be filed until the Single Audit Report (SAR) was filed. This placed the City in a “Do Not Authorize” status, prohibiting authorization of grant awards. In March 2024, the City received confirmation of its removal from the “Do Not Authorize” list.

On May 30, 2024, the City received authorization to proceed from Caltrans and the FHWA on the Preliminary Engineering phase of the City’s Bridge Preventative Maintenance Program, Project No. BPMPL-5045(046), with an authorized funding in the amount of $336,399 of federal funds at an 80% reimbursement rate. This award requires a 20% local match by the City of $84,100 for a total PE phase estimated at $420,499.

The City’s BPMP outlines preventative maintenance work recommendations for each of the City’s 15 bridges inspected by Caltrans to increase the service life of each bridge. There are five City bridges within the BPMP with work recommendations that qualify for these funds. Preliminary Engineering includes environmental surveys, permitting and construction plans for bidding.

This grant program requires a recent Council Resolution stating the title of the person authorized to enter into a contract with Caltrans and the project title for this grant. In June 2, 2002, City Council authorized the Public Works Director to execute agreements with the State Department of Transportation (Caltrans) related to Council-approved grants through Resolution No. 17926. Thus, a Resolution is included reaffirming Resolution 17926 for the specific purpose of meeting the grant requirement.

The following are the bridges that qualify for funding:
 Bridge No. 44C0039L, S Sanborn Rd over the UPRR (Southbound)  Bridge No. 44C0039R, S Sanborn Rd over the UPRR (Northbound)  Bridge No. 44C0168, E Market St over E Front St
 Bridge No. 44C0105, E Laurel Dr over Gabilan Creek (culvert)  Bridge No. 44C0052, N Main St over Little Bear Creek
Bridge location information can be found in the attached Map of City Bridges.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect Page | 3
physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

The Bridge Preventative Maintenance Plan supports the City’s Strategic Goal for Infrastructure and Environmental Sustainability and Public Safety by maintaining and improving the City’s bridges.

DEPARTMENTAL COORDINATION:

The Public Works Department is collaborating with Legal, Administration and Finance Departments for grant administration and contract award.

FISCAL AND SUSTAINABILITY IMPACT:

Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget
Action (Date,
Resolution)
5800 50.9255-63.5400 Outside ServicesEngineering
Services
$257,295 $84,100 Engineering &
Transportation /
9255
April 23, 2024,
Resolution No.
22940
ATTACHMENTS:

Resolution
Resolution No. 17926
Map of City Bridges
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION ACCEPTING A $338,399 GRANT FOR THE BRIDGE

PREVENTATIVE MAINTENANCE PROGRAM FROM THE FEDERAL

TRANSPORTATION IMPROVEMENT PROGRAM AND REAFFIRMING
RESOLUTION 17926, AUTHORIZING THE PUBLIC WORKS DIRECTOR

TO EXECUTE AGREEMENTS WITH THE DEPARTMENT OF

TRANSPORTATION (CALTRANS) RELATED TO THE BRIDGE

PREVENTATIVE MAINTENANCE PLAN GRANT
WHEREAS, On March 7, 2017, City Council approved Resolution No. 21133 accepting $40,000 grant from Caltrans to write the Bridge Preventative Maintenance Plan (BPMP) for the City bridges. The BPMP was submitted to Caltrans for funding for Preliminary Engineering and Construction; and
WHEREAS, The City of Salinas was notified by the State Department of Transportation (Caltrans) that Federal Transportation Improvement Program (FTIP) funding would be awarded to the city for preliminary engineering of Project No. BPMPL-5045(046), in the amount of $336,399; and
WHEREAS, The grant funding requires a 20% local match by the City in the amount of $84,100; and
WHEREAS, This grant program requires a recent Council Resolution stating the title of the person authorized to enter into a contract with Caltrans and the project title for this grant; and WHEREAS, Resolution No. 17926, dated June 4, 2002, authorized the Public Works Director to execute agreements with the State Department of Transportation (Caltrans) related to Council approved grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council approves accepting a $336,399 grant for City Bridge Preventative Maintenance Program from the Federal Transportation Improvement Program; and
BE IT FURTHER RESOLVED that the City Council approves reaffirming Resolution 17926, authorizing the Public Works Director to execute agreements with the Department of Transportation (Caltrans) related to the Bridge Preventative Maintenance Plan Grant awarded to and accepted by the City Council and to take whatever additional action is necessary to effectuate the intent of this Resolution.

PASSED AND APPROVED this 8
th day of October 2024, by the following vote:

AYES:

NOES:
2 ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-543, Version: 1
Second Amendment with Smith & Enright, Inc. for Maintenance Districts Landscaping Approve a Resolution authorizing the City Manager to execute Amendment Number 2 to the Agreements for Services with Smith & Enright Landscaping, Inc. for North/East Maintenance District and Monte Bella Maintenance District; and increasing the compensation for North/East Maintenance District by $80,000 for a revised not to exceed amount of $409,776.92 to cover unscheduled/extra work; and increasing the compensation for Monte Bella Maintenance District by $20,000 for a revised not to exceed amount of $98,624 to cover unscheduled/extra work.

City of Salinas Page 1 of 1 Printed on 10/3/2024
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS ENVIRONMENTAL MAINTENANCE
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: VICTOR BAEZ, LANDSCAPE DISTRICTS/FORESTRY MNGR.

TITLE: SECOND AMENDMENT WITH SMITH & ENRIGHT, INC. FOR
MAINTENANCE DISTRICTS’ LANDSCAPING
RECOMMENDED MOTION:

A motion to approve a resolution:
1) Authorizing the City Manager to execute Amendment Number 2 to the Agreements for Services with Smith & Enright Landscaping, Inc. for North/East Maintenance District and Monte Bella Maintenance District;
2) Increasing the compensation for North/East Maintenance District by $80,000 for a revised not to exceed amount of $409,776.92 to cover unscheduled/extra work; and 3) Increasing the compensation for Monte Bella Maintenance District by $20,000 for a revised not to exceed amount of $98,624 to cover unscheduled/extra work.

EXECUTIVE SUMMARY:

This Amendment will allow the City Manager to execute this Amendment for unscheduled/extra work cost increases in North/East Maintenance Districts Agreement and Monte Bella Maintenance District. The initial unscheduled/extra work increase for the North/East Maintenance Districts will be $80,000 and may increase during the year due to the unpredictable and unforeseen landscape issues that may arise. The revised not to exceed amount for unscheduled/extra work and the current Agreement for annual compensation will be $409,776.92.

In the Monte Bella Maintenance Districts Agreement, the initial unscheduled/extra work increase will be $20,000and may change with in the yearly service due to the unpredictability of unforeseen landscape issues that may arise. The revised not to exceed amount for unscheduled/extra work and the current Agreement for annual compensation will be $98,624.

Page | 2
BACKGROUND:

On June 25, 2024, City Council approved the extension of two-year period for Landscape Maintenance for the North\East Maintenance District and Monte Bella Maintenance District with Smith & Enright Landscaping, Inc. For the North/East Maintenance District total amount of annual compensation not to exceed is $329,776.92 and Monte Bella Maintenance District the total amount for the annual compensation not to exceed is $78,624 but the unscheduled/extra work was not included in either agreement. Unscheduled extra work would include unpredictable issues or events that happen such as down trees or branches that cause obstruction or hazards to the public.

The RFP contained extra work items with an associated cost for each type of extra work, but the not to exceed amount did not include any funds for extra work. Staff is recommending that $80,000 in extra work be approved for the North/East Maintenance Districts and $20,000 in extra work be approved for the Monte Bella Maintenance Districts to continue the landscape services.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes.

STRATEGIC PLAN INITIATIVE:

The Landscape Maintenance Service Contract for the Maintenance Districts relates to the Council’s Strategic Goal of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

Public Works Department has been coordinating with the City’s Finance and Legal Departments to ensure compliance with standards as well as all fiscal elements are being met.

Page | 3
FISCAL AND SUSTAINABILITY IMPACT:

North/East Maintenance District:

Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
2105 50.5563-63.6010 Outside services
other outside
services
$20,000 $20,000 n/a 8/28/2024
2105 50.5563-63.4900 Outside services
other outside
services
$82,223 $50,000 335 6/11/2024,
22979
5800 50.9053-63.6010 Outside services
other outside
services
$10,000 $10,000 n/a
7/10/2024
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.

The annual not to exceed amount of $329,776.92 for the current North/East Maintenance District Agreement is funded with District Funds from account 2105.50.5563-63.4900. The additional appropriation to cover the unscheduled/extra work will be funded from multiple G/L account’s detailed in the above table.

Monte Bella Maintenance District:

Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
2109 50.5567-63.4900 Outside services
maintenance &
repairs-others
$49,376 $20,000 n/a 8/28/2024
The annual not to exceed amount of $78,624 for the current Monte Bella Maintenance District Agreement is funded with District Funds from account 2109.50.5567-63.4900. The additional appropriation to cover the unforeseen/extra work will be funded from same account. (CIP) Capital Improvement Program account 5800.50.9120-63.4900 Monte Bella Subdivision Improvements funds may also be used in the near future for other unscheduled/extra work.

ATTACHMENTS:

Resolution
Original Agreement
Amendment
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING THE CITY

MANAGER TO EXECUTE AMENDMENTS TO AGREEMENTS FOR SERVICES WITH SMITH & ENRIGHT LANDSCAPING, INC. AND APPROVING AN INCREASE

IN COMPENSATION FOR THE NORTH/EAST AND MONTE BELLA

MAINTENANCE DISTRICTS
WHEREAS, the City and Contractor first entered into an agreement for North/East Maintenance District and Monte Bella Maintenance District effective June 22, 2021, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation for unscheduled/extra work (the “Agreement”); and
WHEREAS, pursuant to Resolution No. 22149 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the North/East Maintenance District; and WHEREAS, pursuant to Resolution No. 22149 (N.C.S.) the City Council awarded an agreement to Contractor to include unscheduled/extra work compensation for unforeseen landscape issues that may arise in the Monte Bella Maintenance District; and WHEREAS, the Amendment will allow the City Manager to execute this Amendment for unscheduled/extra work cost increases in North/East Maintenance Districts Agreement. The initial unscheduled/extra work increase will be $80,000.00 and may change with in the yearly service due to the unpredictability of unforeseen landscape issues that may arise. The revised not to exceed amount for unscheduled/extra work and the current Agreement for annual compensation will be $409,776.92.

WHEREAS, the Amendment will allow the City Manager to execute this amendment for unscheduled/extra work cost increases in Monte Bella Maintenance Districts Agreement. The initial unscheduled/extra work increase will be $20,000.00 and may change with in the yearly service due to the unpredictability of unforeseen landscape issues that may arise. The revised not to exceed amount for unscheduled/extra work and the current Agreement for annual compensation will be $98,624.00.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves additional compensation in the amount of $80,000 for the North/East Maintenance District thereby increasing the total not to exceed amount to $409,776.92 and additional compensation in the amount of $20,000 for the Monte Bella Maintenance District thereby increasing the total not to exceed amount to $98,624;
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreements to include unscheduled/extra work cost increases in North/East Maintenance District and Monte Bella Maintenance District Agreements.

PASSED AND APPROVED this 8
th day of October 2024, by the following vote:

Page | 2
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

CITY COPY
II\TVITATION TO BID

LANDSCAPE SERVICES FOR

NORTH/EAST MAINTENANCE DISTRICT
B'IC}I IN L,\ND

SALINAS
I RIC}I IN VALUES

CITY OF SALINAS
200 Lincoln Avenue
Salinas, CA 93901
For use in conjunction with STANDARD SPECIFICATIONS, DESIGN STANDARDS AND STANDARD PLANS, 2008 Edition. City of Salinas-Public Works Department.

Drl

TABLE OF CONTENTS
PAGE NO.

IN\'I'IA1'ION TO BID
PART A - BID CONTRACT DOCUMENTS..................... ...............10

CONTRACT DOCUMENTS TO BE SUBMITTED WITH BID ON BID OPENING DATE l1
I
5 6
PROPOSAI-. 2
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY. TECHNICAL ABILITY AND EXPERIENCE.....

NON.COLLUSION DECLARATION OF CONTRACTOR

INSURANCE CERTIFICATION

BIDDER'S SI ATI,MENT OI-' SUBCONTRACTORS - PART I
(]ONTRAC'T DOCT'i\lENTS TO tsE STiI}NII'TT[D TO THE CITY \\'IT}IIN 5 WORKING DAYS AFTER BID OPENING DATE 22
BIDDER'S S IATEML,NT OF SUIICONTRACTORS - PART II...-.......................................23 ............... t 8
............... l9
...............20
....,,.,..,..,.21
NON-COLLUSION DECLARATION OF SUBCONTRACTOR......-..,..,..

STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE............-...,..- BIDDER'S LIST FOR THE CITY OF SALINAS PUBLIC WORKS DEPARTMENT. 25 to
27 PART ts _ SUCCESSFUL BIDDER'S CONTRACT DOCI.,]MENTS TO BE SUBMITTED AFTER

GENERAL INSTRUCTIONS TO LOW BIDDER
PAYMENT BOND (LABOR AND MATERIAL BOND)......

AGREEMENT
PUBLIC WORKS CONTRACT AWARD INFORMATION (D.A.S. I40)
PART C _ CITY OF SALINAS FORMS AND MEMORANDUM DOCUMENTS....................."............ ........29
........ 3 1
........ 3 3
,,,.....40

INSTRUCTIONS FOR PREPARATION OF STATEMENT OF
STATEMENT OF COMPLIANCE .....................,,...

CITY OF SALINAS FRINGE BENEFIT STATEMENT...........

COMPLIANCE
LOCAL HIRING RESIDENCY COMPLIANCE DOCUMENTATION.....

PUBLIC WORKS DEPARTMENT BID PROTEST.........

CITY OF' SALINAS NOTICE OF POTENTIAL CLAIM
SUBCONTRACTOR SUBMITTAL FORM........,............
2-1.01 GENERAL.....
2- I .02 EXAMINATION OF SPECIFICATIONS, CONTRACT AND SITE OF WORK....52 2-t .03 UNSCHEDULED / EXTRA WORK RATES ... ...........................53 2-r.04 BID PROTESTFEE .........................'.............54 ................51
2 S I'CT IoN
SECTION 3 AWARD AND EXECT]TION OF CONTRACT..........................

SECTION 4 I}fGINNING OF WORK, TIME OT-COMPLETION, LIQUIDATEI) DAMAGES AND TEMPORARY SUSPENSION oF WORK..........

SECTION 5 GENERAL...............,..

SECTTON A1 MtSCEt,T.ANEOUS ......................-.
55 55
56 56
56 56
5-1.03 ENFORCEMEN'f OF THE CITY's I-OCAL tIIRING ORDINANCE R I]QT,]IREM ENI'S
5- r.04 DIR Rt]GISl'RATION....
5- t.05 SI]I]CoNTI{AC"I'IN(;
SECTTON +2 QUALITY ASSURANCE........................

SECTION 13 PAYMENT...............

SECTION A4 RESPONSIBILITIES AND MAINTATNING TRAFFIC]
Toc679I 7730SECTION 6 BLANK .

SECTION 7 MATERIALS..
7-I.O] MISCEI-LANEOI.IS
5-1.01
5- l .02
LABOR NONDISCRIMINATION ......

WACE DETERMIN4T1ON..,..............
t 0- t .0 | ORDER oF woRK....
l0- r .02 LEGAL...
57 57
57 57
60 60
63 63
..63

7.I.02 GENERAL....

SECTION 8 BLANK...............

SECTION 9 DESCRIPTION OF PROJECT.............

SECTION 9.I SITE DESCRIPTION......................

SECTION IO CONSTRUCTION DETAILS...

SECTION IO.I GENERAL..........
63 63
63 63
65 65
65 65
65 66
66 66
66 66
67 h/
67 67
68 68
69 69
69 72
72 73
73 74
74 74
75 I O-I.03 INSPECTION AND CONTROL OF WORK...............

I O.I.O4 FINAL INSPECTION AND CLEANI/?.
l0-1.05 woRKMANSHIp...........,_.

I O-I.06 PROGRESS SCHEDULE...

I 0- t.07 0BSTRUCTTONS ....................
i O- I .08 UTILITY DETERMINATION.

IO-I.09 EXAMINATION OF SITE.......
r0-t.t0 wATERrNC.................... ........

IO.I.I ] CONSTRUCTION EASEMENTS
I O- I.12 PARTIAL PAYMENTS AND RETENTION............... l0- l. 13 ARBITRATtON..............................

IO-I.I4 NOTICE OF POTENTIAL CLAIM
l0-1.15 cLAIMS.....
1O-I.I6 PUBLIC CONTRACTS CODE 9204 PUBLIC WORKS PROJECT t0-1.17 "9204...
r 0- I . l8 DUST CONTROL .......

IO.I.I9 RECYCT,ING AND CI,EANUP..
t0-1.20 I RAt-FI( C()\t ROL ..........
] O- I .2 ] GENERAL
IO- I.22 CHANGES IN WORK
I O-I.23 PRESERVATION OF PROPERTY.........

I 0.I.24 ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS..........

I 0-t.25 MOBILIZATION............

I4-3.0I WORK SCHEDUI,E
SECTION I+4 INSPECTIONS
..89
90 SECTION I5 MEASUREMIINT ANI) PAYMENT......... 90
PART E. CONSTRUCTION SITE BEST MANAGEMENT PRACTICES, CONSTRUCTION AND DEMOLITION DryERSION REQUIREMENTS, EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS ATID OTHER MISCELLANEOUS INFOR}IATION. ................92 .l

LOCATION MAP
U rirv of
?nt ! n"a
! c....
t nr116 11 (}
t North East Landscape
Th. rjrv ^f <,lin:. h:. m:.t. .v.ru rF..M:h,c e
f.rmrri^n ThF a v ^f $lines .l@ .^r hnwpr
^th.tuio :nrl m:lrp. n^ re^raFnt.titu w:rr:nr :..r'rrtu ^mi.(im. ^/ thc.cliad.a an.Nmd i^riFmnn.nr wrifi.,ri.n lFf.r. ^.rr\ r.( WGS 1gl4 WFh MPr.aror Allilirru

THIS MAP IS NOT TO BF IISET' FOR ALINAS
v4
NOTICE TO I}IDDERS
Notice is hereby given that the City of Salinas, County of Monterey, State of Califomia (hereinafter referred to as "City"), hereby invites sealed Bid Proposals for the following work to be completed according to Plans and Specifications on file, to wit:

LANDSCAPE SERVIC[S FOIT N.ORTH/]]AST MAINTENANCR DISTRICI.

A scanned copy of the Bid Proposal Package ("Bids") for the above-mentioned work shall be submitted eleclronically viathe PlanetBids website until 2:00 p.m. Pacific Standard TimeonMay 25m 2021,atwhich Iime or thereafter said bids will be electronically opened and available online. A link to the meeting will be made available through PlanetBids. It is the Bidder's responsibility to ensure that said Bid shall be fully uploaded / transmitted via the PlanetBids website, prior to the aforementioned designated date and time. The City will not be accepting paper bids.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in any meetings for this project. Requests should be referred to the CiIy Clerk's Office at City Hall, 83 l -758-738 I, as soon as possible but by no later than 5 p.m. of the last business day prior to the scheduled meeting.

Hearing impaired or TTY/TDD texl telephone users may contact the Cify by dialing 7l I for the Califomia Relay Service ("CRS") or by telephoning any other service providers' CRS telephone number.

No Bid shall be accepted from a Contractor who has not been licensed in accordance with the Provisions ofChapter 9 of Division 3 ofthe Business and Professions Code. Also, he/she is required to comply with all lhe requirements of lhe City of Salinas local hiring preference Ordinance 2330, Salinas City Code Chapter 12, Article IV, attached hereto, STATEMENT oF GOOD FAITH EFFORT FOR LOCAL HIRE and incorporated herein by reference, with respect to person(s) hired directly by the Contractor and to all persons hired by the Contractor's Subcontractor(s). Contractor shall possess a Type " ( C-27, Type C-61/D-49)" license or other license qualifying the Bidder to Bid as a prime Contractor prior to SUBMITTAL of Bid and the license must be valid prior to award and throughout the Contract as approved by Council.

In determining the lowest bid for a public work contract thal exceed $5,000.00. a qualified local business shall receive a five-percent (5%) preference, per the City's Local Purchasing Preference Ordinance (Sec. l2-28.050 and Sec. l2-28.060).
ln order to be recognized as a local business, Contractors must submit a Declaration of Local Business Form to the City's Finance Department.

The City ofsalinas reserves the right to reject any or all Bids and to waive any informality in Bids received.

By submitting a Bid, it is assumed that the Contractor has evaluated the site and the Bid submitted reflects that the Contractor is satisfied as to the existing conditions, said conditions being reflected in the Bid.

Uach Bid shall be in accordance with the Specifications adopted therefore, submitted on the Proposal form furnished and accompanied by a certified or cashier's check or Bid Bond made payable to the City of Safinas. for an amount equal to at leasl ten percenl (10%) of that amount of the Bid. such guaranty to be forfeited should the Bidder to whom the Contract is awarded fail to enter into the Contracl within ll ggplg!913!gy;_afler notification of the award of Contract to the Bidder. 'Ihe undersigned agrees that, in case of his/her default in execuling the Contract and the necessary bonds afler award and due notice thereof, the said check or bond and the money payable thereon shall become and remain the property ofthe Ciry ofSalinas as liquidated damages. The Contractor shall perform the work for the maintenance ofthe areas described for a period ofthree years (36) months from date ofcontract award.

For any moneys eamed by the Contractor and withheld by the City ofSalinas to ensure the performance of the Contract, the Contractor may, at his/her request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Section 22300 of the Public Contracts Code ofthe State of Califomia.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in thc performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 . It is not a violation of this seclion for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 ofthe Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is an'arded.

All Contractors (prime and subs) must possess and maintain such registration with the Department of Industrial Relations ("DIR") in order to be awarded and to perform \trork on public works projects. The following is the link to DIR's Contractor Registration searcbable database:
httos://efi ling.dir.ca.eor/PWCR"/Search.action
A bid shall not be accepted nor any contract or subcontract entered into $'ithout proof of the contractor or subcontractor's current registration to perform public work pursuant to Labor Code Section 1771.1.

This project is subject to compliance monitoring and enforcement by the DIR.

Additionally, all contractors and subcontractors must furnish ccrtified payroll records directly to the Labor Commissioner (aka DiYision of Labor Standards Enforcement) on a rveekly basis and in the format prescribed bv the DIR, which ma.'- include electronic submission.

Bidders will be responsible for printing or obtaining on their own accord, hard copies ofthe Bid Proposal Package, Plans, Specifications, Prospective Bidders List and any addenda and notifications for their use in submitting a Bid.

Bidders are required to register as a Prospectiv€ Bidder for this project on the PlanetBids Vendor Portal website when submitting a Bid and shall maintain their status as "Bidder" throughout the Bid process; Bidders that fail to do so shall be disqualified. Prospective Bidders are permitted to access and download all iniormation and documents available for the project on the PlanetBids website. Only rcgistered Prospective Bidders for the particular City ofSalinas project will automatically receive updates. '7
notifications, and addenda when issued, however, it is the Bidders' responsibility to the ensure that the forgoing have been received.

Bidders can register as a Prospective Bidder in two ways:
( I ) llidders are encouraged to register for !![p through Plan€tl]ids Vendor Portal for the City of Sa lin as at htrps://w u u.planetbids.com/ponallponal-qtrleano-pary]D.22, (2) Bidders may also register to PlanetBids' website directly for a FEE at lrttps://vendorl ine.com/resister and sign up for City of Salinas' bid opportunities. l'he link "View Current Construction Projects Out for Bid" on the City of Salinas website listed below will take you to the registration page on the PlanetBids Vendor Portal for the City of Salinas website:
https://www.c itvofsalinas.orpy'our-city-services/ oublic-works/ensineerinu/construction-Droiects All Specifications are available for viewing at the Public works Department Office at City Hall and available for download on PlanetBids tkough the City of Salinas website, httos://www.c itvofsalinas.ordour:eilv-services/oublic-u orks/engineerins/construction-proiects For assistance in downloading the documents, contact PlanetBids online or by calling 818-992-177'l .

All questions regarding this project shall be submitted to the City ofSalinas through the project page on the PlanetBids website, l0 calendar days prior to bid opening date. Questions received after the date stated here shall not be answered. All registered Prospective Bidders for this project will receive an email notification once a response to a question has been posted on the PlanetBids web site.

STANDARD SPECIFICATIONS DESIGN STANDARDS AND STANDARD PLANS,2OO8 EditiON, City of Salinas, Public Works Department, (herein refened to as lhe "Standard Specifications") may be purchased from Public Works Department by payment of {5.00 tar includcd per set or may be purchasedbymailorderfor@;ormaybedownloadedonthe
City of Salinas website at no charge at:
httos://rvrvw.c itvofsal inas ors/ le/847/download
NOTE: For Bid package to be VALID: (1) the Bidd€r must submit all complelely executed and signed City of Salinas forms; (2) the Contractor and all Subcontractors shall have valid, current and active Contractor's license(s) for the classification(s) of work performed; and (3) the Contractor and all Subcontractors must possess and maintain a Public Works Contractor Registration with the DIR pursuant to Labor Code section 1725.5, and the license(s) must be valid at the time Contract is awarded and throughout the Contract as approved by Council.

It is expressly understood and agreed that this Bid shall have the following documents completed, all of which are incorporated into and made a part hereof. The following information shall be submitted with the Bid Proposal on the Bid Opening Date:
l. Complete Proposal signed and dated

2. Signed Addendum, if any
J. Bid Bond
8 ,1. Bidder's Statement ofFinancial Responsibility Technical Ability and Experience

5. InsuranceCertification

6. Non-Collusion Declaration of Contractor

7. Bidder's Statement of Subcontractors - Part I (The Contractor and all Subcontractors shall have valid, current and active Contractor's licenses for the classilication ofwork performed, prior to submittal of Bid, during Award and throughout the Contract.) The lowest and second Iowest ranled project Bidders shall submit the following forms, fully completed, to the Public Works Department, City of Salinas, within 5 workins dats after Bid opening date and/or when the lowest responsible Bidder is known. The Documents to be completed and submitted are the following:

8. Bidder's Statcment of Subcootractors - Part II

9. Non-Collusion Declaration of Subcontractor

10. Bidder's Statemcnt ofGood Faith Effort for Local Hire

11. Bidder's List for the City of Salinas Public Works Department. The Prime Contractor shall submit original(s). All Subcontractor(s) shall submit original(s) or faxed copy (copies) Failure to comply with these requirements may result in the forfeiture of the Bidder's rank in the Bid process.
ln lieu of conflicting portions of "Section 2-1.05 Proposal Forms" of the Standard Specifications, the following shall apply:

Only Bids composed of the above listed items shall be considered for Award. Any and all Addenda to the Plans and Specifications shall be issued electronicall]" on-line through the PlanetBids Vendor Portal website and ONLY to Bidders who are registered Prospective Bidders for this project on-line at the PlanetBids Vendor Portal website as having received a set ofPlans and Specifications. The City shall not be responsible for issuance ofsaid Addenda to non-registered Plan holders.

The successful Bidder and all Subcontractors must have a valid City of Salinas business license before the commencement of work.

All wage scales shall be in accordance with applicable determinations made by the Director ofthe DIR of the State of Califomia, as provided by Article 2, Chapter l, Division 2, Part 7 of the Labor Code of the State of California, commencing with Section 1771. In accordance with Section 1173.2 of the said Labor Code, copies ofthe aforesaid determinations ofthe Director ofthe DIR are available on the website address httD://www.dir.ca. ov/OPRL/DPreWaseDeterrn ination.ht nl It shall be mandatory for the Contractor to whom the Contract is awarded to pay not less than the applicable prevailing wage rate to all workers employed for the execution ofthe Contract and employ apprentices pursuant to Section 1777.5 ofthe California Labor Code.
9 PARTA_

BID CONTRACT DOCUMENTS
l0

CONTRACT DOCUMENTS TO BE SUBMITTED WITH BID ON

BID OPENING DATE
ll
Invitation to Bid Addendum No.l"
Landscape Services for North/East Maintenance
District
SALIN,A.S RICH IN L/\ND , RICII IN VAIUEg
E
DATE: May 1{-2021-
TO: Potential Responders to lnvitation to Bid
FROM: David Lewellen, District Maintenance /Forestry Manager RE: City of Salinas Invitation to Bid for Landscape Services for Northr,/East Maintenance District
NOTICE TO ALL POTENTIAL RESPONDENTS, The Bid Proposal Package ("Bids") is modified as set forth in this Addendum. The original BID documents and any previously issued addenda remain in full force and effec! except as modified by this Addendum, which is hereby incorporated and made part of the BID. Respondent shall take this Addendum into consideration when preparing and submitting Respondent's Proposal.

Submittal Deadline
This Addendum does not change the Proposal submission deadline of -May
25,2021,-
at 2:00 p.m. Pacific Standard Time ("PST").

Manner of Submission
ls and are All electroni
submi 2021 a 2
It is the Bidder's responsibility to ensure that said BID shall be fully uploaded / transmitted via the PlanetBids website, Prior to the aforementioned designated date and time. The City will not be accepting paper bids'

Page 1 of 9 ends

Salinas City CouncilOctober 8, 2024

Salinas City Council
October 8, 2024