Ouestions and Answers
The Addendum to the Invitation to Bid is for areas that were left out of the initial scope of work in Section 9. Please see the attached extended scope for the areas added at the bottom of the scope and the location maps provided.
The project shall involve the furnishing of all labor, material, equipment, and incidentals to perform the Landscape Maintenance in North East District in accordance with the Plans and these Special Provisions.
The maintenance districts are as shown on the location map and described as follows:
SECTION 1-1 SITE DESCRIPTION
NORTHǦEAST MAINTENANCE DISTRICT
1. Constitution Boulevard median island and appurtenant strip of land approximately 30 feet in width from face of east and west curb lines including planter walls from East Laurel Drive northerly approximately 10,100 feet to Boronda Road. (Approximately 13.63 acres)
2. Independence Boulevard median island and appurtenant strip of land approximately 30 feet in width from face of east and west curb lines to Constitution Boulevard northerly approximately 5,700 feet to Boronda Road. (Approximately7.70 acres)
3. Gabilan Creek right of way approximately 100 feet in width more or less from a line approximately 3,800 feet northerly of East Laurel Drive, thence 9,200 feet more or less northerly to Boronda Road. (Approximately 20.7 Acres)
4. Nantucket Boulevard including appurtenant strip of land approximately 30 feet in width from face of north and south curb lines to and including adjacent planter walls from Independence Boulevard easterly approximately 5,000 feet to Constitution Boulevard. (Approximately 6.75 acres)
5. Boronda Road median island and appurtenant strip of land approximately 30 feet in width from face of north and south curb lines including planter walls from Natividad Road easterly approximately 14,500 feet to Williams Road. (Approximately 19.58 acres)
6. Freedom Parkway median island and appurtenant strip of land approximately 30 feet in width from face of north and south curb line including planter walls from Constitution Boulevard easterly approximately 6,800 feet to Williams Road and 6 walkways: to Madrone Drive, Palmera Avenue, Chamise Drive, La Cuesta Court, Cachuma Court, and Eagle Drive. (Approximately 9.18 acres)
7. Nogal Drive from a line 800 feet south of Freedom Parkway north approximately 1,400 linear feet including appurtenant strip of land approximately 30 feet in width along the east and west curb line to street terminus. (Approximately 1.89 acres)
8. Rider Avenue including appurtenant strip of land approximately 30 feet in width along the east and west curb line from a location approximately 1,200 linear feet south of Freedom Parkway northerly approximately 3,700 feet to Boronda Road including appurtenant planter walls. (Approximately 5.0 acres)
9. North Sanborn Road including median island and appurtenant strip of land approximately 30 feet in width from east and west curb lines including planter walls from Del Monte Avenue northerly approximately 4,900 feet to Boronda Road including 3 walkways; to Eagle Drive, Sage Court, and Rockrose Street. (Approximately 6.62 acres
10. Towt Street from Freedom Parkway westerly approximately 900 linear feet to Mae Avenue including appurtenant strip of land approximately 30 feet in width from curb line of east and west side of roadway including appurtenant planter walls. (Approximately 1.22 acres)
11. Williams Road from a line approximately 1,300 feet south of Freedom Parkway northerly approximately 3,500 linear feet to Boronda Road including median islands, 30Ǧ foot side strip of land along west curb line including appurtenant planter wall, and 4
walkways: to Cougar Drive, Gaviota Drive, Raven Court, and between Mustang Court and Raven Court. (Approximately 2.36 acres)
12. Buckhorn Drive from Tamarak Way easterly approximately 2,000 feet to Falcon Drive appurtenant strip of land approximately 30 feet in width from curb line along south side of roadway including appurtenant planter wall. (Approximately 1.35 acres)
13. CulǦdeǦsac Planters (17) at Waterford Circle, Coventry Street, Hyannis Circle, New Salem Drive, New Britain Circle, Burlington Drive, Burlington Circle, Woodbury Circle, Attlebury Circle, Marshfield Circle, Hancock Circle, Suffield Circle, Westfield Circle, Provincetown Circle, Lexington Drive, Canterbury Street, and Boston Circle.
14. Open Space includes the storm water detention facility, open space bluff and sloping ground areas including all open space easement areas, which have been landscaped and granted to the City of Salinas a permanent open space easement. (Approximately 6.08 acres)
15. Tower Line rightǦofǦway includes PG&E power line rightǦofǦway from approximately Constitution Boulevard to Boronda Road subsequent to landscaping and granting of open space easement to City of Salinas over lands for public use. (Approximately 6.19 acres) proximately 0.15 acres)
16. Open Space-between Constitution and the walking path below the apartments and the Professional office building. Nearest the Cal Water Filtration station. Public Easement.
17. Las Casitas/Virginia Rocca Barton School-Area below the homes. Behind the Cal Water treatment area towards Twin Creek Golf Course.
18. Twin Creeks Circle-Area from the curb edge to the furthest side of the sidewalk. Median Landscape.
19. Once a Month Mowing-This is a non-paved area along the creek. 15 feet from edge of curb clear for pedestrians. From corner of Independence and Constitution towards Lexington Bridge. Second area from Boronda towards Nantucket before the Apartment Complex trail that leads around the Apartment Complex.
20. Little River- Maintained Grass area along Gabilan Creek. Maintain lawn areas to spec.
Service Mutt Mitt containers along path and dump trash once a week. Mutt Mitts provided by City of Salinas. Check irrigation according to spec. Maintain border along turf grass edge between turf and native creek area.
21. Gabilan Creek Walking Path. Beginning at Lexington the path extends towards Boronda, stopping short just past the apartment complex in the front of Alverez High. Fire break created between the Native area and Cement wall. Wall below the apartment is to have a twenty foot easement maintained (Mowed down) for fire suppression. Mowed Mid May to sustain the barrier.
22. Beacon Hill. Corner of Beacon Hill and Constitution Blvd. Landscape along sound walls and large corner open area.
The City of Salinas has made every reasonable effort to provide accurate and timely information. The City of Salinas does not, however, assume any responsibility, implied or otherwise, and makes no representation, warrant, guarantee, or claim regarding accuracy, omissions, or the reliance on second party data. Users are advised to seek independent verification before relying on this information.
0.1 Miles
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Legend
0 0.07
1: 4,514
Beacon Hill Landscape Corner
City of Salinas Boundary
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
The City of Salinas has made every reasonable effort to provide accurate and timely information. The City of Salinas does not, however, assume any responsibility, implied or otherwise, and makes no representation, warrant, guarantee, or claim regarding accuracy, omissions, or the reliance on second party data. Users are advised to seek independent verification before relying on this information.
0.1 Miles
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Legend
0 0.07
1: 4,514
Gabilan Creek Walking Path Sec. One
City of Salinas Boundary
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
The City of Salinas has made every reasonable effort to provide accurate and timely information. The City of Salinas does not, however, assume any responsibility, implied or otherwise, and makes no representation, warrant, guarantee, or claim regarding accuracy, omissions, or the reliance on second party data. Users are advised to seek independent verification before relying on this information.
0.1 Miles
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Legend
0 0.07
1: 4,514
Gabilan Creek Walking Path Sec. Two
City of Salinas Boundary
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
The City of Salinas has made every reasonable effort to provide accurate and timely information. The City of Salinas does not, however, assume any responsibility, implied or otherwise, and makes no representation, warrant, guarantee, or claim regarding accuracy, omissions, or the reliance on second party data. Users are advised to seek independent verification before relying on this information.
0.1 Miles
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Legend
0 0.07
1: 4,514
Little River- Section Two Pathway turf
City of Salinas Boundary
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
The City of Salinas has made every reasonable effort to provide accurate and timely information. The City of Salinas does not, however, assume any responsibility, implied or otherwise, and makes no representation, warrant, guarantee, or claim regarding accuracy, omissions, or the reliance on second party data. Users are advised to seek independent verification before relying on this information.
0.1 Miles
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Legend
0 0.07
1: 4,514
Little River- Section One Pathway turf
City of Salinas Boundary
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Invitation to Bid Addendum No.2
Landscape Services for North/East Maintenance
District
SALII\,A.S lul RIC!! IN LAND RICli TN VALUAA
c
,
DATE: May 1.9,2021
TO: Potential Responders to Invitation to Bid
FROM: David Lewelleru District Maintenance /Forestry Manager RE: City of Salinas Invitation to Bid for Landscape Services for North/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 effect, 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
and nic
be Submi hv lVlav 25. 2021 at2:00 n rn PST
It is the Biddels 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.
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Ouestions and Answers
The following Addendum will address two items:
First: How will the public be able to attend/participate to hear the results of the Bid process?
Bids will be opened and entered into the record via a public Zoom meeting. Below are the instructions for accessing Zoom.
Join Zoom Meeting
ht zoom.us 9 7 67? wd:cFFPSXE WW9CNTRVV3VxTFd
Meeting ID:979 9107 5361,
Passcode: 890132
One tap mobile
+76699006833,,97991075361i,,,,*890132# US (San Jose)
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Meeting ID: 979 9107 5367
Passcode: 890132
Find your local number: h I P7L4Px
Second: NOTICE TO BIDDERS
Notice is hereby given that the City of Salinas, County of Monterey, State of California (hereinafter referred to as "City"), hereby invites sealed Bid Proposals for the following work to be completed according to Plans and Specifications on file, adopted therefore, to wit:
LANDSCAPE SERVICES FOR NORTH/EAST MAINTENANCE DISTRICT
A scanned copy of the Bid Proposal Package ("Bids") for the above-mentioned work shall be submitted electronically via the PlanetBids website until 2:00 p'm' Pacific Standard Time on May 25h 2027, at which time 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 Biddels 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.
In addition to electronic Bid submittals, 2 sealed original hard copies (to be used for verification) must also be sent via courier service, mailed, or delivered when the lowest apparent bidder is known. Hardcopies must be received within 5 working days after Bid opening date: Complete Proposal signed and dated; Signed Addendum, if any; Bid Bond; Bidder's Statement of Financial Responsibility Technical Ability and Experience; Insurance Certification; Non-Collusion Declaration of Contractor; and Bidder's Statement of Subcontractors - Part I. Failure to comply with these requirements may result in the forfeiture of the Bidde/s rank in the Bid process.
Please mail hard copy of bid to the following address:
City of Salinas
Public Works Department
Environmental & Maintenance Services Division
426 Work St.
Salinat CA 93901
ATTN: Dave Lewellen
SMITH &ENRIGHT
-
Landscaping, Inc.
-
BID BOND FOR :
Landscape Services for
North/East Maintenance District
IS PBOTECT
URITY FEAruREs DEi
THIS CHECK EO W|TH A PANTOGB orten sE aAck
voto
AILED ON rrxdcrE BANK CASHIER'S CHECK
NOIICE IOCUSIO ET.
:$r:#."$ffi illl:ilff i"ilff x1?
ulspf^cED OF STOLEN
300104
90443/-
12t1
oare May 24,202t
,1,11!1f;i;1i,^,;",.0.9,*,
*
aemrrren RichardEnright
Ninety Five Thousand Five Hundred Forty Four Dollars AND 00/lO0 $*******95,544
. oo
ORDER OF
TO THE City Of Salinas
puRposE Bid Bond Northeast District
AUTHOR IZED SIGNATURE
n. IOO lOt, t
,:l?llr,r, lr,ol: !r. lO eqqOO i ?lP
837-758-6766 [email protected]
831-758-5589 SmithEnright.com 540 Work St, Ste. C, Salinas, CA 93901 L
PROPOSAL
FOR
LAI\IDSCAPE SERVICES FOR NORTH/EAST MAINTENANCE DISTRICT
SALINAS, CALIFORNIA
FROM:
NAME oF BIDDER: Smith & Enright Landscaping, lnc
BT.1STNESS ADDRESS: 540 Work St Suite C
CITy: Salinas STAtp: califomia zP. 93901
PHONE: 831-758-6766
RESIDENCE ADDRESS:
CITy: Salinas
660 San Mateo
STATE: California ZIP 93901
PHoNE: 831-758-6766
Honorable Mayor of City Council
City of Salinas
Salinas. California
Gentlemen/Ladies
Pursuant to the foregoing Notice to Bidders, the undersigned hereby proposes and binds himself/herself on award by the City Council under this Proposal to execute in accordance with such award, a Contract with necessary bonds of which this Proposal, the Notice to Bidders, and the Plans and the Specifications adopted {Date Adopted B! Council}, shall be a part, to fumish any and all required labor. material, and services for performing and completing the work set forth in the said Specifications and shown on the Plans accompanying them, within the time hereinafter set forth and at the prices named in this Proposal as follows:
ffiy checking this box, the Bidder herby alfirms it meets the requirements set forth under Chapter l2 Article lll A-Local Purchasing Preference. All Local Contractors must have a Declaration of Local Business Enterprise form filed with the City of Salinas Finance Department, Refer to link for requirements httos://w$'rv.citrofsalinas.orq/our-citvsen'ices/finance/bid-reouests-rfns and Declaration of Local Business Form. l2
LANDSCAPE SERVICES FOR NORTHiEAST MAINTENANCE DISTRICT
The work shall involve the fumishing of all labor, material, equipment, and incidentals Io perform the Landscape Maintenance in the Landscape and Lighting Districts in accordance with the Plan, Specifications and Special Provisions. The mainlenance district is as shown on the location map and described in detail in Seclion 9:
PROPOSAL ITEMS:
Base Bid
Item #l : Landscape Maintenance for the North / East Area District Total for Base Bid: $ 26.540.00 Per month
Additive Alternate#l
Note: The estimated hours and dollar amounts requested below do not represent what the contractor may or may nol earn thrcugh unscheduled work.
ltem #2
Item #3
Item #4
80 hours x General Gardening Crew rate
50 hours x Specialty lrrigation Crew rate
$7,000 x Percentage Markup
s 3,640 00
a 500.00
7.777.00
s
S
Total for Additive Alternate #l S 1 5,1 1 7.00
Total for Base Bid plus Additive Alternate #l: S 41 ,657.00 The Additive Altemate total will be added to the annual contract fee for accessing low bid only. The hourly crew rate quoted shall include all Contractor costs for wages, insurance, overhead and equipment. Fees for materials shall include Confactors lowest / besl purchase price, plus tax and markups.
E\tra Work ltems
Item #5: cENERAL GARDENING CREW RATE (Service based on atwo-person crew). Provide general gardening sewices as required (i.e. sprinkler replacement, special cleanups) s 5000 Total Hourlv
Item #6: SPECIALTY IRRIGATION CREW RATE (Service based on a two-person oew, Inigation Technician and Helper). Provide irrigation rcpair for valves, solenoids, controllers, Iateral and main line breaks.
r3
Technician s70 Total
Hourly Helper Rate $
60 Tolal
Hourly
Item #7: PLANT PURCHASE AND INSTALLATION PRICE THAT MEET CITY STANDARDS I gallon s20 Total
2 gallon
5 gallon
l0 gallon
l5 gallon
24-inch box bee
$50
$30 Total
Total
Total
'maintenance/replacemenl cosls only,
if new conslructron projed. different prevaitng
wage classifi cation applies
q 100
$220 Total
s 520 Total
Item #8: PERCENT OF MARKUP ON MATERIALS - Percentage increase over the best/lowest cosl, including Contractor discounts, paid by Contractor for materials approved for replacemenl or instal '10 Yo
Item #9: TREE TRIMMING *Wo knowing measurements it is difficult to grve accurate price DBH price for removal S 95.00 per hour Total
DBH price for trimming (Structural pruning to maintain strength and shape)
95.00 per hour Total
Stump Grinding to a deph oftkee feet including gmbbing and root removal $ 95.00 per hour Total
Item # l0: ADDITIONAL AREAS TO BE ADDED DURING CONTRACT PERIOD Landscaping and additional areas may be added to maintenance site. Addition of said areas would be after plant establishment periods, to include original landscape contractor waranties. Prices shall include both labor and materials.
2,000.00 $ Total Monthly Price per Acre
t4
NOTE: For Bid package to be VALID: (l) the Bidder must submit Bid for Base Bid and Bid items; (2) the Bidder must submit all completely executed and signed City of Salinas forms; and (3) the Contractor and all Subcontractors shall have valid, curent and .ctive Contractor's license(s) for the classification(s) of work performed and be registered with the DIR pursuant to Labor Code section t725,5, and the lic€ns€(s) must be valid prior to award of Contract 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 shsll be submitted with the Bid Proposal on the Bid Opening Date:
l. Complete Proposal signed and dated
2. Signed Addendum, if any
3. Bid Bond
4. Bidder's Statement of Financial Responsibility Technical Ability and Experience
5. InsuranceCertilication
6. Non-Collusion Declaration ofContractor
?. Bidder's Statement of Subcontractors - Part I (The Contractor and all Subcontracton shall have valid, current, and active Contractor's licenses for the classilication ofwork performed' prior to submittal of Bid, during Awrrd, and throughout the Contract.) The !rygJ! and second lowest ranked project Bidders shall submit the following forms' fully completed, to the Public Works Departm€nt, City of Salinas, Y!!l!ttlruIb!49-4gt after Bid opening date and/or when the lowest responsible Bidder is known. The Documents to b€ completed and submitted are the following:
8. Bidder's Statement of Subcontractors - Part II
9. Non-Collusion Declaration of Subcontractor
10. Bidder's Statement ofcood Faith Effort for Local Hire I l. Bidder's List for the City of Salinas Public Works Department The Prime Contractor shall submit original(s). AII Subcontractor(s) shall submit original (s) or faxed copy (copies) Failare to comolv with these reouirements mov rcsull in the forfeiturc of lhe Bidder's k in the Bid p!999!!,.
The undersigned undenlands that the quantities given are approximate only, being given as a basis for the comparison ofBids, and the City of Salinas does nol expressly or by implication, agee that the actual amount of work shall conespond therewith but reserves the right to increase or decrease the amount of any portion ofthe work, or to omit ponions ofthe work, as may be deemed necessary or advisable by the City Engineer without claim for damage or loss ofanticipated profit and that payment shall be made only on the basis of the actual quantities of work performed. l5
l6
The City reserves the right to award the contract to s r€sponsible, responsive Bidder with the lowest possible bid for each amount noted in the ..Tot8l for Base contract #" amount. The city further reserves the right to award or reject any or all proposals depending on available funding.
Except as may otherwise be provided herein, all work to be done under this Contract shall conform to the applicable requirements of the DESIGN STANDARDS, STANDARD SPECIFICATIONS AND STANDARD PLANS, 2008 Edition, Ciry of Satinas Public Works Department, herein referred to as the "Standard Specifi cations".
ln addition to the Subcontractors required to be Iisted in conformance with the Standard Specifications, the Contractor shall submit: name, addr€ss, DIR Public Works Registrations number, Contractor's license numb€r including State/expirstion date and the portion ofthe work that shall be done by each Subcontractor. Contractor shall comply with all requirements of the City of Salinas Local Hiring Preference ordinance 2330, Salinas City Code chapter 12, Article IV, with respect to p€rson(s) hired by the contractor, and to all persons hired by the contractor's subcontroctor(s), All prospective Contrrctors may use the website
httns:riwwr,v2.cslb.ca.gov/OnlineServiceVChecklicensell/CheckLicense.aspx to check each Subcontractor's license status and the DIR'S Contractor Registration searchable database httpsy'/efiline.dir.ca.eovi PWCR/Search.action to veriry each Subcontractor's registration status.
The Bidder shall submit the list ofsubcontracto(s) with the Proposal. Use the form supplied in the Contract documents. lfno such list is submitted, it shall be assumed that the Contractor shall do all the work herein specified.
The successful Bidder and all Subcontractors must have a valid City ofSalinas business license before the commencement of work.
The undersigned understands that the quantities given are approximate only, being given as a basis for the comparison of Bids, and the City of Salinas does not, expressly or by implication, agree that the actual amount of work shall correspond therewith, but reserves the right to increase or decrease the amount ofany portion of the work orto omit portions ofthe work as may be deemed necessary or advisable by the City Engineer without claim for damage or loss ofanticipated profit and that payment shall be made only on the basis ofthe actual quantities of work performed.
The undersigned further agrees that all work to be done under this Contract shall be done in accordance with the provisions of that certain form of Agreement attached hereto and hereby made a part of these S pec ificat ions.
The undersigned agrees, if awarded the Contract, that there shall be paid by the undesigned and by all Subcontractors under him,/her, to all laboren, workmen and mechanics employed in the execution of such Contract or any Subcontract thereunder, not less than the general prevailing rate of per diem wages and rates for overtime and legal holidays in the locality in which the work is to be performed, as ascertained and determined" pursuant to the state statute thereto applicable, by the City Council. the schedule thereof being set forth in the advertisement for Bids and in the Specifications for said work.
All questions abotrt the meaning or intent ofthe Contract documens shall be submined to the City ofSalinas through the project page on the Planet Bids website. Replies shall be issued by Addenda electronically on- line through the planetBids Vendor Portal website and ONLY to Bidders who are registered Prospective Bidders for this projecr. QUESTIONS RECEIyED LESS THAN l0 CALENDAR DAYS PRIOR TO THE DATE OF THE OPENING BIDS SHALL NOT BE ANSWERED. Only questiom answered by Addenda shall be binding. Oral and other interprctations or clarifications shall b€ without legal effect.
Any and all Addenda to the Plans and/or Specifications shall be signed and attached hereto this Proposal.
For any money eamed by the Undersigned and withheld by the City of Salinas, lo insure the performance ofthe Contract, the Undersigned may, at his/her request alld 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 CalifomiaLicensed in accordance with an act providing for the registarion ofContractors:
License No.: c-27 757700 DIR Registrstion No.: #1000011127 Expiration 01131t2023 DIR Reg. Exp. Date: 06/30/2021
(lf Bidder is a joint venture, each member must speci! licerse nurnber, expiration date and statement regarding r€presentations made.)
(lf an individual, so state. If a firm or c+.partnership, state the firm name and give the names of all individuals; c.+.partners composing the firm. Ifa corporatioq state legal names ofcorporatioq also names of Presiden! Secretary, Treasurer, and Manager thereof.) Smith & Enright bndscaPing, lnc
540 Work St Suite C
Salinas, CA 93901
Signature of Bidder
Daled: May 24lh
17 2@l__
City of Salinas - Streetscape & District Landscape Maintenance Dave Lewellen 831-970-7645
City of Gonzales - Streetscape & Park Landscape Maintenance Tiffany Twisselmann
City of King - Streetscape & Park Landscape Maintenance Geoff English 805-610-0191
SIGNED:
Atttch A wl,
5 LI
(Date)
d signature is not lhe same as the Proposal signalurc(s)
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY,
TECHNICAL ABILITY AND EXPERIENCE
(This for musl be con pleled and submitted b,ith this BA) The Bidder is required to state what work of a similar character to that included in the proposed Contracl he/she has successfully performed and give references which will enable the City Council to judge his/her responsibility, experience, skill and business standing.
The undersigned submits herewith a statement of his/her financial responsibility.
The undersigned submits below a statement of the work of a similar character to that included in the Proposed Contract which he/she has successfully performed. (lnclude the type ofwork, name and phone number of all references.)
TYPE NAME PHONE NUMBER
831-776-2095
l8
f
NON-COLLUSION DECLARATION OF CONTRACTOR
(ThkIom must be completed and submitted b,ilh this Bid) Stare of California
}SS County of
Richard Enriqht being first duly swom, deposes and says that:
Officer of Smith & Enri ht
The Bid is not made in the interest of or on behalf of any undisclosed person. pannership, company, association, organizatiorL or corporation. The Bid is genuine and not collusive or sham. The Bidder has not, directly or indirectly, induced or solicited any other bidder to pul in a false or sham Bid. The Bidder has nol, directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid or to refrain fiom bidding. The Bidder has not in any manner. directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe Bidder or any other bidder, or to fix any overhead, profit, or cost element ofthe bid price or ofthat of any other bidder.
All stalements contained in the Bid are true. The Bidder has not, directly or indirectly. submitted his or her Bid price or any breakdown thereofor the contents thereofor diwlged informalion or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereot to effectuate a collusive or sham Bid, and has not paid, and will not pay. any person or entity for such purpose.
Any person execuling this declaration on behalf ofa Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalfofthe Bidder.
I declare under penalty of perjury under the laws ofthe State of Califomia lhar lhe tbregoing is true and conect and thar ihis declaration is executed on1stH [date], at Sdt-vrar [cir)],(-rt [snte].
Signed ?d"^,rfffirfi -C
Vice-Preside (
Tie
Atlach Notary Acknot'ledgment if signalurc is not the stme rc lhe Proposal signatare(s) tg
I arn lhe (owner, partner, oficer, represenlative, or agenl) the party making the foregoing Bid:
CALI FOII.N IA A LL-PL] R POSE
C]ERTIFICATE OF ACKNOWLED(; MENT
A notar), public ol othel officc conrpletirg this ccnilicatc vclilics only the identitl oi tlre irrclividrrrl rvho sigrrqd lhe docunrcut t() u hich this certilicate is anached. and not thc truthlirlnsss. acculacr. or \ alidin. ol thal d()cunlent cou,rtr ot'Icr\I
ont-?q-&a)
Stltc ol' ('a lrlbrn ia
or oq i
t.rl,'",n.. l=at;gue Wn
Fi.Aord F-lrlg\
J.' /Ur^&2, Nolor ,) h6lr.
personalll aplxarcd
rvho proved to rne (ln thc basis ol' satislhcton er itk,rre s to be tlte []elsol(s1 u hose narrre(s)is,tr<srrbsclibcdlothc \Yilhin instrurnr'nl and aclnot'ledgcd to rlc thfll hc r+r-1ic\ e\('cuti:d lhc sarrre in his'lr..fTlrcir aLrthorrzed capacill(rcs). actcd. c\eculc(l thc instrurrrerrt.
I ccrtily under PENALTY OF PERJURY under the larvs of thc State ol'Califirrnia tlrat the tirregoing pixatsraph is truc ald correct.
\\'l'INESS rnv hand and otlicial seal
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MENDEZ
coMM. r 2194796
rcTAiY PUSUC 'CAIFORiA MONTEREY COUI{TY
MAY 27
INSURANCE CERTIFICATION
(This certWation shall be completed and submitted wilh the proposed Bid) By signing below, I hereby certiry thal Smith & Enright Landscaping, lnc (Insert company natne)
is curently insured by an insurance company that is an "Authorized" carrier by the lnsurance Commissioner ofthe Califomia State Department of Insurance to transact the business of insurance in the State of Califomia, and shall be written by insurers with a current A.M. Best Rating of "A-Class VIII" or better, and a financial size of "VII" or greater. Said insurance will expire on 08/'1 0/2021 I further hereby ceftiry that, as the signer of this Bid Proposal, I have read and understand the City's insurance requirements as described in the Section entitled "lnsurance Requirements" within these Specifications and that proof of insurance shall be required before the Public Works Services Contract is recommended for Award. Such proof shall be provided on an ISO Accord 25(s) form and an endorsement naming the City of Salinas as additionally insured is on the ISO CG 20 t0 I I 85 form or any other comparable endorsement, which does not funher limit coverage, and which may be approved and accepted by the City Attomey.
Richard Enright
(Print Name)
Signature of Bidder: May 24,2021
(Signature) (Date)
Type text here
Attach Nolary Acknoteledgment if signature is not the same as the Pruposal signature(s) 20 BIDDER'S STATEMENT OF SUBCONTRACTORS _ PART I
(Thb lorm shall be completed and submilted *'ith this Bid) List each subcontractor that is a I "r tiered subcontractor and will perform a portion ofthe work in an amount in excess ofone-halfofone percent (0.57o) ofthe Bidder's total contract price or $10,000 (whichever is greater). Substittting a Subcontractor in place ofa Subcontrzctor listed in the original Bid is prohibited and may result in rejection ofthe Bidder's proposal.
The Contractor and all Subcontractors must possess and maintain a current Public Works Contractor registration with the Department oflndustrial Relations (DIR), at the time Bid is submitted, and throughout the Contract.
SIGNE V )'r' >l
rs, (Date)
Afiach Nolary Ac*nowledgmenl signature(s) f signaturc b not the ssme ss NO TYPE OF WORK SUBCONTRACTOR LICENSE NO./
STATE
Tree Work Silvino Sanchez Landscaping 1009392 CA
Landscape & Concrete Hemis Landscaping and Concrete, lnc 903795 CA I I
I
I
I
I
I
I
I
I
I
2t
Clean Monev
The Contractor and all Subcontractors shall have valid Contractor's licenses for the classification of work performed, prior to award ofcontract, and throughout the Contract. 1 2.
CONTRACT DOCUMENTS TO BE SUBMITTED TO THE CITY
WITHIN 5 WORKING DAYS AFTER BID OPENING DATE
)1
BIDDER'S STATEMENT OF SUBCONTRACTORS _ PART II
(This informotion mo! be submitled with lout Proposal. lf it k not, and lou are the apparcnt low Bidder or lhe second loto Bidder, it shall be submifted and received b! the Public Wotks Depanment no lotet lhan 5 workins davs afier Bitl opening date and/ot when the loh,esl rcsponsible Bidder is knoh'n.) Lisl all Subcontractors performing work on site, including l'r tiered Subcontractors under one-halfofone percent (0.5%) ofthe total contract bid or $10,000.
The undersigned submits herewith a list of Subcontractors whom he/she proposes to employ on the work with the proper firm name and business address ofeach.
Ifno list submitted, it shall be assumed that lhe Contractor shall do all the work as specified.
The Contractor and all Subcontractors shall have valid Conlractor's licenses for the classification ofwork performed, at time ofaward of Contract, and thoughout the Contrao. All prospective Contractors may use the website httos://www2.cslb.ca.eov/OnlineServiceVCheckLicensell/CheckLicense.asox to check each Subcontractor's licens€ status and expiration dates.
The Contractor and all Subcontractors must possess and maintain a cunent Public Works Contractor registration with the Department oflndustrial Relations (DIR), at the time Bid is submitted. and throughout the Contract. All prospective Contractors may search the DIR'S Public Works Contractor Registration searchable database rvorks. ml to veri8 each Subcontractor's registration status.
Subcontractor: SilvinoSanchez Landscaping License No. / State: '1009392 CA DIR RegistrarionNo.: 1000726545 DIR Registration Expiration Date: 06t30t21 Address: 328 Roberts Ave City Seaside Zip: 9 3955
Descript ion of Work: Landscaping and Tree Trimming
Telephone 831,620-5446 Fax: Email AddreSS: [email protected] Bid Item No. & % eac -$Hree Work 10olo ka +lQ
*Business License No. FtNBL2l-00148
Subcontractor: Hemi's Landscaping and Concrete, lnc l,icense No- / State: 903795 CA DIR Registration No.: 1000020090 DIR Registration Erpiration Dat€: 06/30/23 Addre.s. 446 Boronda Rd City Zip. 93901
Description of Work: Landscaping & Concrete
Telep hone: 831-594-6182 Fax Email Address: [email protected] Bid ltem No. & % ofeach: f SccfTt. Landscaping 10% &zd No + I *Business License No. 63684
Conlructot shall provide all Subcontroctor inlomalion rcquestel above. 23 Salinas
Subcontractor: License No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
City: zip
Telephone: _ Fax:
Bid ltem No. & % ofeach:
Description of Work
Subcontractor:
Email Address:
*Business Liccnse No.
License No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
Telephone:_ Fax
Bid Item No. & % of each:
Description of Work:
Subcontractor:
Email Address:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
CiE:_ Zip,_
Telephone:_ Fax:
Bid Item No. & % ofeach:
Description of Work:
Subcontractor:
Email Address
*Business l-icense NoLicense No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
City: Zip
Description of Work
Telephone:_ Fax:
Bid ltem No. & 7o of each:
Email Address:
Contractor pr(,
*Business License No.
vide all Subcontructot infomsliol requested obove.
SIGNED: .3L 2t
(Date)
Attach Notary Acknowledgment if signature is nol the same as the Proposal signature(s) *City of Salinas Business License shall be acquired before commencement of worlc 14 City:_ Zip:_
*Business License No.
License No. / State:
NON-COLLUSION DECLARATION OF SUBCONTRACTOR
(Thislotm must be completed and submitted b'ith this Bid) Srate of California
}SS CountY of Monterey
David Sanchez being first duly sworn. deposes and says that:
Helshe is (owner, partner, offcer, represenlative, or agenl) of Silvino Sanchez Landscaping hereinafter referred to as the "Subcontractoi';
He/she is fully informed respecting the preparation and contents ofthe Subcontractor's Proposal submitted by' the Subcontractor to Smith & Enright Landscaping, lnc the Contractor for certain work in connection with the lq!ry of Salinas _(City or Counry and State);
The proposal is not made in the interest ofor on behalfofany undisclosed person. parlnership, company, association, organizalion, or corporation. The proposal is genuine and nol collusive or sham. The Subcontractor has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham Bid. The Subcontractor has not, directly or indirectly, colluded. conspired. connived. or agreed wilh any bidder or anyone else lo put in a sham Bid, or to refrain from bidding. The Subcontractor has not in any manner. direclly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe Bidder or any other bidder, or to fix any overhead, profit, or cosl element ofthe bid price or ofthat ofany other bidder. All statements contained in the proposal are lrue. The Subcontractor has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof. or the contents thereof or divulged information or data relative thereto, to any corporation, partnership. company, association, organizalion. bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. and has not paid, and will not pay. any person or entity for such purpose.
An)' person executing this declaration on behalfofa Subcontractor thal is a corporation. partnership, joint venture, limiled liability company, limited liability partnership, or any other entity. hereby represents that he or she has full power to execule, and does execute, this declaration on behalfof the Subconlractor.
I declare under penalty of perjury under the laws of the State of Califomia lhat the foregoing is true and correct and that this declaration is executed on 06/01/21 [ Signed YTru;:' cA rstatel
<
Atlach Notary Acknowrl edgment
25 State of Califomia
County of Monterey
On Ir
CAL I FORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
Zc' before me, (, I ,v^ {e.-
personally appearcd 0^ vil '.-/ta,
bti verifi no tary C o other office I
pu com pleting thI s rt ficate e5 only identithe ty of the ndi iduaI o signed rhe docu menI to ich rhts ts anached, not the tru rh ful ne55. acc U ra C v, or valid that doc U ment ity
L
rvho proved to me on the basis ofsatisfactory evidence to b€ the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he sherth€y e.{ecutd the same in his/herrtheir authorized capacit_v(ies), and rhat by hisfter;lheir :,qni,"rYrlg1 ,1. insuumenr rhe person(s), or rhe enriry upon behalfofwhich the person(s) acred, execured rhe instrumenr.
I cenift under PENALTY OF PERJURY under rhe laws ofrhe State of Califomia rhat the foregoing paragraph is true and correcr.
WITNESS my hand and oflicial seal.
rr0l'l iara' ,l0ul{TY
$y Comm. BPt{e! $ai 28 202'l
ADD
Title or Description ofattached document:
APRIL N
'.'i. C0MM. 63
N0TARY
pttBuc - clt-lf0RNlA
cl
Signature
ITIONAL OPTTONAL INFORMATION
Document Date:
Capacity (ies) Claimed by Signer
Slgnets Name:
o
o
tr
Capacitylies) Claimed by Signer
Signer's Name:
o Indi
tr Corporate Omcer
tr Partner
tr Attomey-in-Fact
o Trustee
o O&er:
ividual
rporate Omcer
o Atlom ey-rno Trustee
o Other:
Signer is represen ttng Signer is representing
,A !
ceniflcate and
of
Number ofPages: - C*-t I -
I
NON-COLLUSION DECLARATION OF SUBCONTRACTOR
(Thisfom must be completed and suhmitted b,ith this Bid) State oI California
}SS County of lvlonterey
being first duly swom, deposes and says that:
He,'she is lonrrer,7)qlner, oLficer, representoliye, or dgenl) of Hemi's Landscaprng and Concrete lnc hereinafter referred to as the "Subcontractor";
He,'she is fully informed respecting the preparation and contents ofthe Subcontractor's Proposal submitted bv the Subcontraclor to Smith & Enri ht Land tn lnc
the Contractor for certain work in connection with the C of Salinas _(City or County and State);
c
The proposal is nol made in lhe interesl of or on behalf of any undisclosed person. partnership. company. association. organization, or corporation. The proposal is genuine and not collusive or sham. The Subcontractor has nol, direclly or indirectly. induced or solicited any other bidder to put in a false or sham Bid. The Subcontractor has not, directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Subcontraclor has not in any manner. directly or indirectly. sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead. profil. or cosl element of the bid price or ofthat ofany other bidder. All slatements contained in the proposal are true. The Subcontractor has not. directly or indirectly, submitted his or her proposal price or any breakdown thereot'. or the contents thereof or divulged information or data relative thereto, lo any corporation, pannership. compan), association. organizalion, bid depository, or to any member or agent lhereof. to eflectuate a collusive or sham Bid, and has not paid, and will not pay, any person or enlity for such purpose.
Any person executing this declaralion on behalfofa Subcontractor that is a corporation, pannership, joint venture, limited liability company. limited liability partnership, or any other entit-v. hereby represents thar he or she has full F,ower to execute, and does execute, this declaration on behalfofthe Subcontractor.
I declare under penalty of perjury under the laws ofthe State of Califomia that the foregoing is lrue and correct and that this declaration is executed on l. slatel..- Signed
Attoch Noloq' Ac*nowledgmenl
25 I.
ACKNOWLEDGMENT
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 California
County of MONTEREY )
on JUNE 1ST,2021 before me, LILI M. ANARIBA DE PAZ-NOTARY PUBLIC personally appeared
(insert name and title of the officer)
ISIDRO HERNANDEZ MURILLO**********x*****
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing t-lllM NARIBA OE PAz
Nolary PuW - C.ttto.!r"
CounV
Clmm!ss](rt ,1227991
Comm Er9rel J.n1.20n
Signature (ZZ/ (Seal)
paragraph is true and correct.
WITNESS my hand and official seal.
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public Works Department
(This information mq be submit ed with your proposaL If it is not, and you are the apparent lote Bidder or the second low Bidder, it rutst be submitled and rcceived by lhe Publk Works Department no latet than 5WL!E!!!Ealet Bid opening date.)
ln conformance with Article IV to Chapter 12 of the Salinas Municipal Code, each Contractor and Subcontractor shall complete and submit this Statement ofGood Faith Effort.
Project Title Northeast Maintenance District
Contractor (or Subcontractor E): Smith & Enright Landscaping, lnc Address: 540 Work St Suite C
Cit) Salinas State: CA Zip: 93901
Contractor (or Subcontractor E ) estimates thal firyq percent (50%) or more ol its workforce. for this project. meets the local hire requirements for this contract:
YesE NoE If "No", the apparent successful Bidder (low Bidder) and the second low Bidder shall complete and submit the following form to the olfice at which bids were received so the information is received by the Department no latet th^l 2W4!!g after bid o
I certify that the information contained ir this form is true and correct, to the best of my knowledge, sign ll pages.) /S Dflitted under penalty of perjury, Salinas City Code, Section 12-31.) Selena Herrin General Manager 06rc7 pj
rile ot Posilioa (Pladse hi"t)
Attac h Not ar! A c know I e dgme nt
SEE ATTAC HED
NOTARY UERTIF ICATE
Name and Address of
Local Recruitment
Source
Date of
Recruit.
Contact
Person
Contacted
and Phone
#
Recruitment
For: Trade &
Classification
Number
of
Referrals
Requested
# of Local
Hires as
Result of
Contact
Names and
address of
Local Hire (2)
as a Result of
Contact
Retbion t at. lt)J2t)/tB lhi\ Forn.llar Re (lpierla\ \eedtl Page of
State of California
County of Monterey
onlune 1
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
ZoZ\ before me, \c b\:c
personally appeared te\ana Hex c. n
A mtary public orother officer completing this cenificate verifies only the identity of th€ individualwho signed the do€ument to which thb cenitl(ate iJ anached,and not the truthfulness, accuracy, or validity ofthat document VANEcQ^ PARADICE
0oMM.#2272 64L
PUBtiC cA!foRt'llA
who proved to me on the basis ofsatisfactory evidence to be lhe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed lhe same in his/her/their authorized capacity(ies), and that by his/herilheir signature(s) bn lhe instrument the pe6on(s), or the entity upon behalfofwhich the person(s) acted, executed the inslrument.
I certifl under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and conect.
WITNESS my d and official
Signature
TP.fY COUIITY
C0mnt irP 0S Sopt.3 ,2021
ADDITIONAL OPTIONAL INFORMATION
Title or Description ofattached document:
fo-.\vr LQeo c -\ (-. Loca-\ \\, se
Document Date: \Jo€. Z-p-Lt Number of Pages:
Capacity(ies) Claimed by Signer Capacity(ies) Claimed by Sig .ONL -
igner's Name:
Individual
Corporate Ofticer
Partner
Attomey-in-F
Trustee
s
o
tr
tr
tr
o
o
Signer's Name:
o Individual
o Corporate O
tr Partner
o Attomey-in-Fact
tr Truslee
o Other:
Signer is represen ting Signer is representing
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public Works Department
(This infomolion may be submiaed with yout ptoposaL If is nd, and you a?e thc opparcnt low Ridder or the second lot, Bldde?, it ,ru,st be submixed aad received by the Public Wotks Depadrrunt no later lhan 5 wot*b e davs Ser Bid opentag date)
ln conformance with Arlicle IV to Chapter 12 of the Salinas Municipal Code, each Cofiractor and Subcontractor shall complete and submit this Strtemcnt of Good Feith El[ort.
Projecl Title: t{or*hlsa:+ Mlrin{qqrlc= Di=}ri,:.+
Contractor (or Subcontractor [$
eddrcss: 3ZB Rob..-
3i ino Sar-r-hsa i-<n&ccr
.fs A.re
City
Contractor (or Subcontractor () ".tirat* that lifry percent (50olo) or more of its workforce, for this project mees the local hire requifuments for this contract:
vesfl NoD
==ct i State: CA Zip: q3qss
after bid
"lI certit thst the information
all ) (Subn
contained in this form is true and correct, to the b€3t ofmy knowledge, itted wder pmahy of Wrjury, Salinas City Code, Secrion l2-31.) ?co(t<eeer c4.lotlallt
Iut d ftsd,N ln@ t ial
Name and Address of
Local Recruitment
Source
Date of
Recruit.
Contacr
Person
Contacted
and Phone
#
Recruifnent
For: Trade &
Classification
Number
of
Referrals
Requested
# of Local
Hircs as
Result of
Contacl
Names and
addrcss of
Local Hirc (2)
as a Result of
Contaa
R.ri\b, Itttu t,r)ut)3 fhi\ lin rldt ll. (.nn t\ \.rtd,t If"No", the rppsrcnt successful Bidder (low Bidder) and the second low Bidder shall completc rnd submit th€ following form to the olfice et which bids wcre received so the informrtion is rcceived by the Dcp.rtmcnt no lrtcr lhn !yg!!49 tr4oriagrnerr'q Dkz tu* 6*. Prt.r)
Arla c h Nola ry A cli nowl edgme nt
Page_o[_
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctvrL coDE g 1189 A notary public or other officer comple$ng his certmcate verifies onlythe idenw ofthe individualwho signed the document to which this certificate is atbched, and notthe t'uthtulness, acoJracy, or validity ofthat documenl County of
I
I
On 0 before me,
Dote
personally appeared
lnseft Nome ond 7-ftle of the cer
Nome(s) of signer(s)
who proved to me on the basis of satisfactory evldence to be the person(s) whose name(s) ls/are subscribed to th6 within lnsrument and tsclanowledged to me that he/shethey executed the same in his/her^heir authorized capacity(ies), and that by hls/her^heir signature(s) on the instrument the person(s), or the entjty upon behatf ofwhich the person(s) acted, executed the instrument CIN,ACT T. H^RI
t{olary Publi(. C.hlorni.
llonterey Counry
Coomisrion # 2 260117
lry Comm. Ergirer sep 28. 2012
Signature
Ploce Notor/ Seol ond/or Stomp Above f Notdty Pu
OPTIONAL
Completing this informotion con deter afterotion of the document or ftoudulent reoltochment of this form to on unintended documenL me
c
(
Document Date:
Signer(s) Other Than Named Above:
Number ofPages:-
Capacity(ies) claimed by signer(s)
LJ LINEI: tr Other
Signer is Representing:
[email protected],--rr
@2Ot National Notary Assoclation
nlr-rrlr State of CallforniaMn
)
tr Corporate Offcer - Tiie(s):
-
B Partner - tr Limlted D General
tr lndivldual o Attomey in Ftsct
tr Trustee tr Guardian of Conservator
Signer is Representing:
I certiry under PENALry OF PERJURY under the
laws of the State of Califomia that the foregolng
paragraph ls true and correcl
WITNESS my hand and omcial seal.
tr Corporate Ofncer - Ttue(s):
-
tr Parher - tr Limited o G"n"r"i--
o lndividual tr Attorney ln Fact
tr Trustee E Guardian of Conservator
Description of Attached
Trde or Type of Documeng
SIgner's Name: Signeds Name:
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public WorLs Department
(This infomation mo! be submitted with your proposal. If it is not, and x"ou are the apparent lo* Bidder or the second low Bidder, it nusl be submilted and received by the Public Wot*s Depo menl no loter thsn SZgbllglgEafter Bid opening date.)
ln conformance with Article IV 10 Chapter l2 of the Salinas Municipal Code. each Contractor and Subcontractor shall complete and submil this Ststeflent ofGood Frith Efrort, Project-l itle Landscape Services for North/East Maintenance District Contractor (or Subcontractor [)r
Address: 446 Boronda Rd
Hemi's LandscaDino and oncrete lnc
Cit) Salinas State:CA Zip 93907
Contractor (or SubcontEctor f] ) estimates that fifty percent (509/o) or more of is workforce, for this projecr. meets the local hire requirements for this contract:
YesR Non lf"No", the spparent successlul Bidder (low Bidder) snd the second low Bidder shall complete end submit the follo\,ving form to the office aa rhich bids were re.eited so thc information is reccived bt the Departm€nt no laler than @!Eg after bid o
I c€rtif.y that the information contained in this form is true and corr€ct,lo thc best of m)' knorrledge, (P sig ages.) / itred under penalv of perjury, Salinas Ciq'Code, Section l2-31.) lsidro Hernandez President 06t04t2021
rdb 0. P,tit )n tPl.a\t lti^tt
A t t a c h N ot a ry* A c li n ob, I e d g rne n t
Page_of_
Names and
address of
Local Hire (2)
as a Result of
Contact
Name and Address of
Local Recruitment
Source
Date of
Recruit.
Contact
Person
Contacted
and Phone
Recruilment
For: Trade &
Classification
Number
of
Referrals
Requested
r of Local
[l ires as
Result oi
Co acl
Rs,\t'n lrd. tD ltt tu
2(
ll!:-!!:!!!LJ:!) )-!!.1
ACKNOWLEDGMENT
A notary public or other officer completing this
ce.tificate 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.
County of MONTEREY
)
On JUNE 4, 2021 before me, RUBI LEON RAMIREZ - NOTARY PUBUC (insert name and title of the office0
personally appeared ISIDRO HERNANDEZ MURILLO
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 lhe 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.
I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal :
RUII LEOX RATIRIZ
Xot.ry Publi( . Glifornia
Xonlcrey County
Conmiltioo, 22aE479
ry Cofim. t.Ipir.r Jut t, 2022
Signature (Seal)
State of California
.ffi
wp
BIDDER'S LIST
FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This inlormotion mo), be submitted with .t'our proposal. lf it is not, and you are the opporent lote Bidder ot lhe second loh) EiddeL il must be suhmitted and received b1 the Public lTorhs Deparffienl no lotet lhon 5 wothins dut,s ofler Bid oDenins dote.)
All Bidders are required to provide the following information for all DBE and non-DBE contractors who provided a proposal. Bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime Contractor and must be submitted with their Bid/proposal. ln order for the City of Salinas to conform with Federally-Mandated DBE Program Bidders List, it rvill use this information to maintain and update a "Bidders List" to assisl in the overall annual goal DBE goal setting process.
Firm Name: Smith & Enriqht Landsca pinq, lnc phone.831-758-6766 Address: 540 Work St Suite C Fax: 831-758-5589
Salinas, CA 93901 11ggn5g 1,J6.. 757700
DIR Registration No Erp. Date. 06i30/23
Contact Person & Title: Selena Herrin, General Manager No. of Years in Business: 37 ls the firm currently certified as a DBE under the new regulations (49 CFR part 26)? [yes F^o Type of worUservices/materials provided by flrm: Landscape lnstallation & l\ilaintenance What were your firm's Gross Annual receipts for last year? Less than Sl Million
X Less than 55 Million
Less than Sl0 Million
Less than $15 Million
More than $ l5 Million
I declare under penalty ofperjury under the laws ofthe S corred.
SICNED:
Califomia that the foregoing is true and
/Dqte)
This form may be copied as needed to report all Bidders (DBEs and non-DBEs) information. 06t07t21
SEE ATTACHED
NOTARY CERTIFICATE
. 100001 1 127
A notary public or other officer completing this cenificate verines only the identity orthe individualwho signed the document to whi(h this ceniRcate is attached,and not the truthfulnes5, accuracy, or validity of that document
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Monterey
On 1 oel ZcZ\ before me \c )rl, a
personally appeared 5e\ena- He-< q
VANESsR pennotcr
who proved to me on the basis of satisfactory evidence to be lhr person(s) whos€ name(s) is.iare subscribed to the within instrument and acknowledged to me that he:she they executed thc same in his/her,'their authorized capacity(ies), and thal by hivlerrlhsir signature(s) bn rhe instrument the person(s). or the entity upon COMM behatfofwhich the p€rson(s) acted, executed the instrument. i!22L264L 'JOTARY
PIIBLIC . CAIIfORI,IIA
Lifl{e! :lcpt 3 202 ,.J I certifo under PENALIY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and conect.
WITNESS my and ofiicial
Signature
ADDITIONAL OPTIONAL INFORMATION
Title or Description ofattached document: B..,\Lexs I i <-\ .8o ( tvrp \C c(K 0 t
Document Date: uo€ '7*2- t, Number of Pages: .ONL -
Capac ity(ies) Claimcd by Signer Capacity(ies) Claimed by Sig Signer's Name:
o Individual
Signer's Name:
o lndividual
o Corporate Ofticer
tr Partner
o Corporate Officer
tr Atlomey-in-F
o Partner
o Anomey-in-Fact
o Trustee
o Other:
g Trustee
o Othe
Signer is representin Signer is representi
BIDDER'S LIST
FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(Thb inlormdion ruy be submided with your propoml lf it is not, and you arc the apryrcnt low Bidder ot the second low Bidde4 it nua be sabmitted ond rcceived by the Pu ic Work Depofirrunt no loret lhon 5 wo*ine davs after Bid ooenins dote)
AII Bidders are requircd to provide the following information for all DBE and non-DBE contractors who provided a proposal, Bid, quote, or werc contacted by the proposed prime. This information is also required from the proposed prime Contractor and must be submitted with their Bid/proposal. ln order for the City ofSalinas to conform with Federally-Mandated DBE Program Bidders LisL it will use this information to maintain and uf,ate a "Bidden List" to assist in the overall annual goal DBE goal sening process. nirm ttame: 5i I ino Sanche-z- l-ondscq Phone: tidl -5Zl-7)Z?- Address: 3ZA 2ob..ls Au- Fax:
DIR Registration No.: 1aJo7L6545
5e.rsiJe cL q3qs5 License No.: tc0q3qZ
Exp.
Type of worUserviceJmaterials provided by firm: Tfl2- Wor< I \g/.ds rcpt^Zo What were your firm's Gross Annual rcceipts for last year? X Less than $l Million
Less than $5 Million
Less than $10 Million
Less than Sl5 Million
More than Sl5 Million
I declare under penalty of perjury under the laws of the S of Califomia that foregoing is true and corTecl.
SIGNED: & oilzba
(Date)
This form may be copied as needed to report all Bidders (DBEs and non-DBEs) information R.6M Dat lll7 17
21 p,,re: o'.llc:lzt:tt
Contacr Person & Title:MdrfdB-S€ni.\ Dba, ef046€ePer No. of Years in Business:-.:6- Is the firm currently certified as a DBE under the new regulalions (49 CFR Pan 25)? !Y"r .[il" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate vedfies onlythe identity ofthe individual}vho signed the document to which this certifictste is atached, and not the trutirfulness, accuracy, or validity ofthat documenl (
On
Dote
personally appeared
before me,
nse Nome ond ofthe
Nou],e(s) of Signe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within lnstrument and achtowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her^heir slgnature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the insfumenl ,...*rl.'l €r,
t certifu under PENALTY OF PERJURY under the
laws of the Stdte oi Califomia that the foregolng
paragraph is true and correcl
WITNESS my h d and oflcial seal
Signature
Ploce Notory Seol qnd/or Stomp Above af Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the docu ent or froudulent reottochment of this form to qn unintended documenL Title or Type of DocumenL
Signer(s) Other Than Named Above
(t\t
DocumentDate: Number (Jr rdgE5. _
Capaqity(ies) Claimed by Si gner(s)
Signer's Name:
tr Corporate Officer - Tifle(s):
D Partner - tr Limited tr General
tr lndividual tr Atomey in Fact
tr Trustee trl Guardian of Conservator
U (JtnET
Signer's Name:
O2017 National Notary Association
State of California
County of )
Signer is Replesenting:
tr Corporate oftcer - Ttfle(s):
-
tr Partner - tr Limited o G"n"r"i---
tr lndividual El Attorney in Fact
tr Trustee tr Guardian of Conserv-dtor
tr Other.
Slgner ls Representing:
c^fioact r HAR€
Not.ry Public - Calitornir
Mont.rey County
Co'i"islion, 216011/
y Conr. trpl'e5 5.9 21, 2012
Description of Attached
BIDDERTS LIST Lands@p€s6M@sro,MonreBe,aMa,nr6..n@o,srnd FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This inlormurion mot' be submit ed with )'our proposql. lf it is not, ond .fou ore the oppurent low Bi&let or the second low Eitlde4 i, must be submified and reteived b lhe Pu ic W'orks Depafiment no lalet ,hun ty!L!!g_!!gDofter Bid opening dare.)
All Bidders are required to provide the following information for all DBE and non-DBE contmctors who provided a proposal. Bid. quote. or were contacled bv the proposed prime. This information is also requirrd from the proposed prime Contractor and musl be submined \r'irh their Bid,/proposal. In order for the City olSalinas to conform riith Federally-Mandated DBE Program Bidders List, it rvill use lhis informarion to maintain and update a "Bidders List" to assist in the overall annual goal DBE goal sening process.
I irnr Name: Hemi's Landscaping and Concrete, lnc
-rrj.lrcs.. 446 Boronda Rd Fax
Salinas, CA 93901 Licensu \o.: 903795
l)lR Resistration No.: 1000020090 Exp Darc: 06/30/23
( (jrr:rc1 l)or\(rn & tirtc: lsidro Hernandez - President No. of Years in Business:_ Is thc lirm cunently certified a-s a DBE under the new regulations (49 CFR Part 26)? [Yes ENo Tr pe ofwork serviceshalerials provided by firm Landscapinq and Concrete Whal u cre your firm's Cross Annual recejpts for last year? v Less than Sl Million
Less than 55 Million
Less than $10 Million
Less than $15 Million
More than Sl5 Million
I declare under penalty of perjury under the laws
cotrect.
SICN
o1-the e of Cal ia that lhe oing is true and
iDate)
This tbrm mar- be copied as ne€ded to report all Bidders (DBEs and non-DBEs) intbrmation. 1 27
Phone: 831-594-6182
ACKNOWLEDGMENT
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
validi of that document.
State of California
County of MONTEREY )
on JUNE 4, 2021 before me. RUBI LEON RAMIREZ - NOTARY PUBLIC (insert name and title of the officeo
personally appeared ISIDRO HERNANDEZ MURILLO
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature
RUE| ttoi RlrtRu
tlo,t.ry Public . Catifornia
Xont.rpy Couott
Commrrrron r 22zlE4Tg
Iy Colnm. trgirei Jul l. 2022
(Seal)
r4R\
th{#) q#,
PART B _
SUCCESSFULBIDDER'S CONTRACT DOCUMENTS TO BE
SUBMITTED AFTER PROJECT IS AWARDED
GENERAL INSTRUCTIONS TO LOW BIDDER
BIDDER'S SIGNATURES
(A) The Bidder shall sign two documents included in the Bid Documents:
I . Agreement
2. Bidder's Security
(B) The name ofthe Bidder shall be typewritten or printed below the signature line. The type oflegal entity shall be included in the narne of the Bidder (examples: individuat, sole proprietorship, general partnership, limited partnership, or corporation). (c) 'l'he name and title ofall individuals signing tbr the entity shall be typewritten or printed below the signature line. All signatures shall be notarized with a notary acknowledgment. (D) The Bidder shall provide evidence that the individual signing the document is authorized to bind the legal entity ofthe Bidder. The notarization does not constitute such proofunless the Bidder is signing as an individual.
(E) Ifthe Bidder is a corporation, proofofautho zation shall be established (pursuant to Corporations Code Section 313) ifone ofthe corporate officers listed in column A below and one ofthe corporate officers listed in column B below both sign the documents.
Chairman ofthe Board
or
President ANT)
B
Vice President
For any other combination of signatures of corporate officers, a copy of the Board minutes, resolution, or articles of incorporation may be submitted to prove that the individuals have the authority to bind the corporation.
(F) lf the Bidder is any legal entity other than an individual or corporation, documentation must be submitted which establishes thal the individuals have the legal authority to bind the legal entity of the Bidder.
or
29 Secretary
or
Assistant Secretary
or
Chief Financial Officer
or
Assistant Treasurer
(H)
(c) lfthe legal entity is a Limited Partnership, a Certificate of Limited Partnership (State form LP-1) is sufficient to establish the authority of a single General Partner to bind the Limited Partnership.
If the Bidder is a General Partnership. a Certificate of General Partnership or General Partnership Agreement is sufficient to establish the names ofall general partners ofa General Partnership.
All general partners must sign the documents, unless proof is submitted which authorizes an individual partner to bind the other general partners.
If the individual signing the document is signing as a sole proprietorship, either a Fictitious Business Name Statement or a City of Salinas business License is sufficient to establish the authority ofan individual to bind a sole proprietorship. (l)
(r)
(K) Ifthe individual or individuals signing the documents are signing on behalfofan entity other than the Bidder, and that olher entity is authorized to bind the legal entity of the Bidder, then documentation must be submitted which establishes that the individuals have the authority to bind the other entity, and that the other entity has the authority to bind the legal entity ofthe Bidder.
BIDDER'S/CONTRACTOR'S SECURITY
All Bidders' security (including Bid Bond, Labor and Materials Bond, and any other required bond) shall be in one ofthe following forms:
a. Cash
b. Cashier's check made payable to the City
c. A certified check made payable to the City
A bond executed by an admitted surety insurer, made payable to the City in the form of the bonds in the Contract documents. The Power of attomey for the attomey-in-fact ofthe surety must be current, contain an authorization to bind for at least minimum dollar amount ofthe bond, and be attached to the bond. The signature of the attorncy-in-fact must be notarized.
30 PAYMENT BOND
(LABOR AND MATERIAL BOND)
(To be completed ond submitted slet pruject ab'ad)
KNOW ALL MEN BY THESE PRESENT. that WHEREAS. the City Council of the City of Salinas.
Monterey County. State of Califomia- by Resolution No.22149 (N.C.S.; passed June 8 .2021 . has been awarded to
Smith & Enright Landscaping, lnc. hereinafter designared as "Principal," a Contract for
LANDSCAPE SERVICES FOR NORTH/EAST MAINTENANCE DISTRICT
WHEREAS, said Principal is required to fumish a bond in connection and with said Contract, provided thal ifsaid Principal or any of his/her or its Subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams tsed in. upon. for or about the performance for the work Contracted to be done for any work or labor done thereon of any kind, the Surety ofthis bond will pay the same to the extend hereinafter set forth;
WHEREAS, said Principal is required under the terms of said Contract to fumish a Bond for the faithful performance of said Contract:
Now, therefore, We, the Principa tand Platte River lnsurance Company as Surety, are held and firmly bounded to the City of Salinas, Monterey County, Califomia. in the penal sum of Nine Hundred Fifty Five Thousand and 00/100
$ 955,000.00 ) Dollars, lawful money ofthe United States. being not less lhan lW of the estimated Contract cost of the work. for the payment of which sum well and truly to be made, we bind ourselves, our heirs. executors. administrators, and successon. jointh and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH. rhar if said Principal. or any of his/her heirs. executors, adminislrators. 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 work Contracted to be done. or for any work or labor thereon of any respecl lo such work or labor. as required by the provisions of Division 2. Part I, Chapter 5 ofthe tublic Contracts Code ofthe State of Califomia, and provided that the persons, companies, or other supplies. teams. appliances. or power used in. upon, for. or aboul the performance oflhe work contracled lo be executed or performed. or any person. company, or corporalion renting or hiring teams, implements, or machinery of power for or conlributing Io said work to be done, or any person who performs work or labor upon same, or any person who supplies both work and materials therefore. shall have complied with the Provisions ofsaid Govemment Code, then said Surety will pay the same in or to an amount nol exceeding the amount hereinabove set forth, and also will pay in case suit is (
I
Bond Number: PR2730383
brought upon this bond, such reasonable attomey's fee as shall be fixed by the court. awarded and taxed as in the above-mentioned Code provided.
This bond shall inure to the benefit of any and all persons. companies. and corporations entitled to file claims under said Government Code so as to give a right to action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received. hereby stipulates and agrees lhat no change. extension of time, alteration. or addition to the terms of the Contract, to the work to be performed thereunder, or the Specifications accompanying the same shall in anyway affect its obligations ofthis bond, and it does hereby waive notice of any such change, extension of time. alteration, or addilion to the terms of the Contract. to the work, or to the Specifications.
IN WITNESS WHEREOF. the above bond parties have executed this instrument under their seals thls corporale seal ofeach corporate parfy being hereto affixed and these presents duly signed by its undersigneJ representative; pursuant to authority of its goveming body.
Salinas, CA 9390'1
'2 day of JulY ,2021 . the name and
(Attach Notary Acknowledgment) By:
B)':
R-a*a 6gn
diE'illtll':3^"
(Si.ndu,c ia blua int)
Surety Name ' Platte River lnsurance Company
Address. P.O. Box s900
Madison. Wl 53705-0900
( Attach Notarv Acknowledgment) By:
By:
Chis Eley, AtlomBy-ln-Frcl
Jasofl Jenkins. Al.bh€y'ln-Facl
(Sisna,0. ia hlu. int)
32 Principal Name: Smith & Enright Landscaping, lnc.
Address.s4o Work St.. Ste C
- -_
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate i5 attached. and not the truthfulness, accuracy, or validity of that document
CALI FORN I A AL L-PURPOSE
C ERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
Countl of Monterel,
On 5"\ t5 7r;Z I b"for. ,n.. Llnz 3^ f,blic
personallr appeared o A h,t
VANE SSA PARADICE
$ho proved to me on the basis ofsatislhcton e\idence to be the person(s) whose name(s) is/are subscribed to the \\ ithin instrument and ackno*ledged to me that he/she/the) executed the same in his/her/their authorized capacily(ies). and that by his/heritheir signature(s) on the instrument the person(s). or the entity upon behalfofwhich the person(s) acted, executed the instrument. c0[n M. #2 2L2647 IIOIARY PUBIIC. CATIFORI{IA
ti,t0 TtRty C0tj n
My Comm [rptre5 Sopl 3.2021 I certifl Lrnder PENALTY OF PERJLIRY under the laws ofthe Slate of Calitbrnia that the foregoing paragraph is true and correct.
WITNES
Signature
S nl) and oflicial s16l)
,,^\ (
S'lnaruruol \.ru Puhlrr
ADDITIONAL OP'f IONAL, INF ORMATION
'I'itle or Description of attached document: t (O c)
Document Date: \)- Oo.t-e Number of Pases: - \\1
( apacit)(ics) Claimed b1 Signcr Capacit) (ics ) Claimed b1 Signer S igner's Name:
o Individual
S igner's Name:
o Individual
o Corporate Officer o Corporate Offlcer
tr Partner
o Attorney-in-F
D Partner
tr Atto Fact
tr Trustee
o Other:
si er ls representtng S igner is representing _
PLATTE RI\'ER INSURANCE CO}'IPANY
POWEROFATTORNEY BondN*ber
l(\OW ALL MEN BY THf,SE PRESENTS. Thal the PLAI'rE R.LR INSURANCE COMPA"NY. a corponhon of the State of N€braska. having ils principal oflices h the City ofMiddleton. Wisconsin. does make. constrtuie and appoint -.------ CHRIS ELEY; AMELIA MCSHANE; JASON JENKINS-------- its true and lawful Attomey(s)-in-tact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed. any and all bonds. undcrtakings and cont acls ofsrretyship, provid€d that no bond or undenakiDg or contract of surelyship executed mder this aulhority shall exceed in amount the sum of ----ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20.000.000.00 -- Ttis Power of Attomey is g.anted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Dir€ctors of PLATTE RMR INSURANCE COMPANY at a meeting duly called and held on the 8th day of January. 2002. _RESOLVED. that the Presidenl. Executive vice Preside( Vice Presidell. Secrctary or TrEasuer, acting individually or olhenlrse. be and they hereby are granlcd the power and authorization to appoint by a Powcr of Attomcy for thc purposcs only of executing and attesring bonds and undcnakings. and othcr writings obligatory in the natue thereoi one or more resident vice-presidents, assistant secretaries and atlomey(s)-in-fact, each appointee to have the powers and duties usual to such offices lo the business ofthis company; the signaturc of such officers and seal oflh€ Company may be amxed to any such power of attomcy or to any ccrtificate relating thcrcto by f'acsimilc. and any such powcr of attomey or certificarc bcaring such lacsimilc signatures or facsimilc scal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon th€ Company in the fun,Ie with respect to any bond or underlakinS or other writing obligatory in lhe narure thercof to which il is attached. Any such appointment may be revoked, for cause, or without cause, by ary ofsaid ofl'icers, at any time-" In conncction witl obligations in favor of thc Florida Deparrrnent oi Traosportation only. il is agrccd thar thc powcr and authority hereby givcn to thc Attomey-in-Fact includes any and all consents for the release of retained percentaSes and/or final estimales on enSineering and construclion contracls required by the State of Florida Depanment of TranspoflatioD. h is fully underslood fiat coGenting to the State of Florida DepartmeDt of Tnnsponarion making payment of the final estimatc to thc Contractor anaVor its assignee. shall not rclicve this surely company of any of its obligarions under its bondIn connection \rith obliSations in favor oflhe Kentucky Department ofHighways only, it is agreed that the power and aurhonty hereby given to the Allomey-inFact canno( be modified or revoked unless prior rpritten personal nolice of such intent hrs been given to lhe Commissioner - Department ofHighways ofrhe Commonwealth of Kentucky al least thirty (10) days prior to the modilication or revocation.
IN WITNESS WHEREOF, lhe PLATTE RwER INSURANCE COMPANY has caused these presents to be signed by ih oflicer undersigncd and ils corporate seal to be hereto affixed duly attested. this lst day ofJarluary. 2020.
Atlcst:
fi
STATE OF WISCONSIN
COUNTY OF DANE
T (t- PLAT'TE RIvf R INSURA)ICE COMPANY
Ryan J. Bymes
Senior Vice Prcsident.
Chief Financial Officer and Treasure.
_)1xr,pr"^ Utr hso$lr*
Suzanne M, Broadbent
Assislant Secretary
STATE OF WISCONSIN
COUNTY OF DANE
K-t-t t-s e
John L. SeDnoa. JrChief Executive officer and Presidenr David J. Regele
Norary Public. Dane Co.. Wl
My ( ommissron Is Permanent
S,S
On lhc Istday ofranuary.2o2o beforc mc pcrsonally came John L. Scnnott, Jr.. to mc kno\I1), who bcing b) mc duly swom. did depose and sayt that he resides in the County of Hanford, State of Connecticuti tbat he is Chief Executive OIIicer aDd President of PLATTE RII'ER INSURANCE COMPANY, the corporation described in and which executed the above iDstrument; that he knows the seal of the said corporation; that the seal affixed to said instmment is such corporale seal: that it was so aflixed by order of the Board of Directors of said corporatioo and that he signed his name fiereto by like order
t,n€
]
ss
I. lhe undeBigned. duly elected to lhe oflce staled below. now the incumbent in PLATTE RIvf,R INSITRANCE COMPANY. a Nebmska Corporation. authorized to make this cedficate, Do Hf,REBY CERTIIY that the foregoing attached Power of Altomey rcmains in full force and has nol bem revoked: and furdlennore. that the Resolurion ofthe Board ofDirEctors. set fonh in the Power ofAttomey is now in forcc Signcd and scalcd al thc City of Middlcton. State ofwisconsin this 12 day of July zo21 . ld"',rY
rD, klwk
Andrew B Diaz-M,tos
Senlor Vicc Prcsideni, General Counsel and Sccrctary
TIIIS DOCUMENT HAS BEEN GENERATED FOR A
AUTHENTICITY OF THIS DOCUMENT CALL EOO.475-4450.
SPECIFIC BOND IF YOU HAVE ANY QUESTIONS CONCERNNG THE
PR-€POA-M (Rcv. 0l-2020)
roafr
LocK Fields
PR2730383
L
(7-^*l.A--z-
]
SEAL
SEAL
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
)
thEforegoing as aqglney-in-fact, and acknowledged that he executed the same for the purposes therein contained.
COUNTY OF Saline
- BE lT REMEMBERED. on this
/)r-; sLr,^ . knoun ro
day, personally appeared before me,
me to be the person whose name is subscribed to
WITNESS my hand and official seal this | 2 day of \.r.. .202r. Ud Notarv Pub
My Commission Expires: December 9, 2025
(SEAL)
XI^TSERLY LYNETTE 9OHL
|lotary Publia - Arkanias
S.lln. County
Cornmlrlion t 12696366
,,ty Comhilslon Erpirg Dec 9, 2025
STATE OF ARKANSAS )
)ss.
COLTNTY OF Saline )
BE IT REMEMBERED. on this day, personally appeared before me. me to be the person whose name is subscribed to
@ct, and acknowledged ihat he executed the same for the purposes therein contained.
WITNESS my hand and offrcial seal this I 2 day of \"1- ,202t. UO +/,,)y.ll^;f.#^^e!- ilJ
Notary Publi{
My Commission Expires: December 9. 2025
(SEAL)
XI&gERLY LYNETTE SOHL
Not.ry Publlc'arkanlas
Salina CountY
Cofimi5sion r 12696366
My Commiriion ErPlraa Da< 9, 2025
ACKNOWLEDGMENT
BOND RIDER
ATTACHED TO AND FORMING A PART OF:
Bond Number: PR2730383
Bond Amount: $955,000.00
Obligee: City of Salinas
Surety: Platte River lnsurance Company
Effective 711212021 it is agreed that:
Whereas said Principal has requested that this bond be increased by $440.00 It is hereby understood and agreed that the bond penalty is increased from $955,000.00 to $955,440.00.
It is also expressly understood that the contract award date is amended lo 612212021 .
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, a8reements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative and shall not exceed the amount stated above, Signed this 23 day of July 2021
Principal: Smith & Enright Landscaping, lnc.
alul,%, SEE ATTACHED
NOTARY CERTIFICATE By
L 'r
Surety : Platte River lnsurance Company
Chris
, Attorney-ln-Fact
Principal: Smith & Enright Landscaping. lnc.
A notary public or other officer completing this certificate verifies only the identity of the individ ual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document CALIFORNIA ALL.PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State ol Califomia
Countl of Monterel
On sL u ''7
L. belore me- ot\ dpersonally appeared
who proved to me on the basis of satisfacton evidence to be the person(s) \,lhose name(s) is/are subscribed to the within instrument and acknou ledged to me that he/she/the1 executed the same in his/her/their authorized capacitv(ies). and that br his/her/their signature(s) on the instrumenl the person(s). or the entit) upon behalfofuhich the person(s) acted. execuled the instrument.
APRI LW LSON
COMM 87063 I certify under PENALTY OF PERJURY under the la$s ofrhe Srate of Califomia that the foregoing paragraph is true and correcr. N01ARY PUBLtc- cALlfoRNlA l,t0r{TtRt Y COUNIY
lily lhmm fr9lie! May 28 2023
WITNESS m) hand and otlicial seal.
Signature a/-
ADDITIONAI- OPTIONAL INFORMATION
Title or Description of attached document: '.,W-r, , \<-tt o,r +c, 6il- &*,) i tl-e; " Document Date: 1 z-= / zt Number of Pages: -tt1
-
C it1( ies I Claimed br Signer Capacity( ies) Claimed b_,- Signer Sis r's Name: Signer's Name
o Individual ividual
aC rporate Officer oC
nP
rA rney-in-Fact o Attorney-in-Fact
tr Trustee
o Other:
oTru
r Other:
Signer is representing_ Signer is representing
its lrueand lawful Attomey(s)-in-fact, to make, execute, sealand delver forandon its behalf. as surery, and as rts act and deed. any and all bonds. undenakrngs and contracts of suretyship, provided that no bond or undertaling or contract of suretyship ex€cuted under thir aulhonr),_ shall oceed in amount the sum of CTIRIS ELEY: AMELIA MCSttANE. JASON JENKIN
WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $2O,OOO,OOO OO ---_---_- Thrs Power of Attomey is gmnted and is signed and sealed by facsimile under and by the authority ofthe followinB Resolution adopted by the Board of Dre.tors of PLATTE RIVER INSTIRANCE COMPANY ata meetmg duly called and held on the 8rh day ofjanuary_ 2002. 'RESOLVED. that the Presiden! Execulve Vice Presidcn! Vrce Presden! S€crelary or Treasurer. acdng mdiyidually or ottErwse, be and they hereby are granted the po$€r and authorization to appoint by a Power of Anomey for the purposes only of executing and anestrng bonds and underrakings, and other \^Irtrngs obligatory in the nature thereof- one or more resrdenl vice-pres,dents. assistant s€cretaries and anomey(slin,fact. each appointee to have the po*ers and dutres uslal to such omces to lhe business of this companyr the signature of such oflicers and seal of fte Companf may be a,Iixed to any such power of aoomey or to any cenificate relating thereb by facsimile, and any such tower of attomey or cenificate beanng such facsimile stgnatures or facsimile seal shall b€ v.lid and binding upon Ee Company. and any such power so e)(e.uted and cenified by facsimile srgnatures and facsimile seal shall be valid and bindrng upon the Company in the firure wrth respect lo a,ly bond or undertaking or other wriling obligaloyn the naure rhereof ro which it is atEched Any such appoinEnenl may be r€voked- for cause, or without cause. by any of said officers, at any time " ln conneclion with obliSations in favor of the Florida Department of Transponation only. il rs ageed lhal the po$tr and authorhy hereby given lo the Allomey-rn-Fact includes any and all consen6 for the release of retained percentages and,/or final estimates on engineerng and construcl,on contracts required by the State of Flonda Department of Transponation lt is fully undeNtood thal coosenting to lhe Srat€ oi Florlda Depanment of Transponatlon making payment of the final estimate to the Contractor and/or its assignee. shall not relieve this surety company ofany of rts obligations under its bond.
In connectrcn wilh obligations in favor oflhe Kentucl] Department ofHighways only, it is agreed that the power and authority hereby given to the Anomey-inFact cannol be modified or revoked unless prior wriden personal nolic€ of such intent has bern given to the Commrssroner - Department of Highways ofthe Commonwealth ofKentucky at least thiny (30) days p orto the modification or revocatjon. lN WITNESS WHEREoF, the PLATTE RIVER INSIIRANCf, COMPANY has caused rhese presenE ro be signed by ils officer udersigned and its corpomte sealto be herelo alfixed duly atlested. $is lsr day ofJanuary.2020 K\Oll ALL !|f,\ Bl THf,Sf, PR-ESf,NTS. tlat the PLATTE RIVER NSLRANCE COMPA:|I. a corporarron ofthe State of Nebraska. havrng rls pfincrpal omces rn the Cirr_ ofMiddleton. Wisconsrn. does malc. connrute and appornt T (cPLATTf, RIVER INSURANCE COMPANY
POWER OF ATTORNEY
SEAL
PR2730383
PI, \I'I't] RI\ }:R I\SI R{\CI CO\IPA\}
Lock Fields
{-t-t !*s e
John L Sennott" Jr.
Chlef Executive Officer and Presi&nt
A-;-51. fZ--t--
David J Regele
Notary Public. Dane Co., wl
My Commission Is Permanent
funtry,a.-
fi
Ryan J. B-'-mes
Senror Vice Presdent.
Chref Frnancral Oficer and Treasuer
-b",p"* .r'r S.ostu*
Suzanne M Broadbcnt
Assislant Secrehry
STATE OF WISCONSIN
COUNTY OF DANE )
I
On the lst day ofJanuary,202o before me personally came rohn L Sennott, Jr., to me kno$n, who being by mc dul] swom. djd depose and say: that he resides in the County of Harford, Slate of Connecticut: that he is Chief Executive OlIcer and Presidenr of PLATTE RTVER INSURANCE COMPANY, the corporalion described in and which execurcd the above instrument, thatheknowsthe seal ofthe said corporation: thal the seal am\ed lo said inslrument is such corporate seal: that h was so a{fixed by order of the Board of Directors ol sard corporation and thar he signed hrs name thcreto by like order se. =t#u'=
STATE OF WISCONSIN
COUNTY OF DANE
l. the undersrgned, duly elecied to the office stated below. now the incumbent in PLATTE RIVER INSTTRANCE (OI|PANY, a Nebraska CorpoBtion, authonzed io male lhis cenificale, DO Hf,REBY CERTIFY thal the foregoing attached Po$er of Arbmey remarns rn full force and has nor been revoked: and furthermore- that the Resolulion ofthe Board of Direcrors. set fonh in rhe Power ofAttomrv is nos in li,r.c Signed and sealed at the City of Middleton, Strte ofwisconsin this 23 da\ zoL SEAL
Andrew B. Di;-Matos
S€nior Vrce Presrdcnt. G€Dera.l Couns€l and Secretarv
THIS DOCUMENT HAS AEEN GENERATED FOR A SPECIFIC BOND, IF YOU ATJTHENTICITY OF THIS DOCIJMENT CALL 800.475.4450
}IAVE ANY QUESTIONS CONCERNING THE
PR<POA-M (R.v 0l-2020)
S.S.l
ss
July
STATE OF ARKANSAS
COUNTY OF Saline
day, personally appeared beibre me.
known to me to be the person whose name is subscribed to foregoing as -in-fact. and acknowledged that he executed the same for the purposes therein tained
WITNESS my hand and olficial seat this Z, day of .2021. vd otary Public
My Commission Expires: December 9, 2025
(SEAL)
)
)ss
)
E lT REMEMBERED. on this
KIMBERLY LYNETTE SOHL
Notary Public _ Arkaneas
Saline County
Commiseion , 12696166
My Commission ExPires oec 9, 2025
ACKNOWLEDGMENT
AGREEMENT
(To be compleled and su bmitted fot projecl ow)a )
THIS AGREEMENT. made and entered into this 22nd 4,1yof June ,2oz-, by and between rhe CITY OF SALINAS, a municipal corporalion oflhe Stale of Califomia, hereinafter called "City", and Smith & Enrig ht Landscaping, lnc. hereinafter called "Contraclor"
WITNESSETH
FIRST: Contractor hereby covenants and agrees to fumish and provide all labor, materials, tools, appliances, equipment, plant, transportation, and all other things required or necessary to be fumished, provided or done, and build, erect, construct, and complete the work at the time and in the manner provided, and in slrict accordance with the Plans and Specifications lherefore, for
LANDSCAPE SERVICES FOR NORTH/EAST MAINTENANCE DISTRICT
SECOND: It is expressly understood and agreed that this Contract consists ofthe following documents, all of which are incorporated into this Agreement and made a part hereof as fully and completely as if set forth herein verbatim, to wit:
a. Notice Inviting Sealed Proposals
b. Signed and executed Bid and Proposal of Contractor, and if any signed Addendum, rs accepted by City
c. Bidder's Statement ofFinancial Responsibility, Technical Ability and Experience d. Bidder's Statement of Subcontractors - Part I
e. Bidder's Statement of Subcontrrctors - Part II
f. InsuranceCertification
g. Completely executed and signed all required City ofSalinas forms h. Instructions to Successful Bidder and General conditions i. Payment Bond (Labor and Materials Bond)
j. Certilicate of Insurance
k. The aforesaid Plans and Specifications
l. Design Standards and Standard Specilications and Standard Plans, 2008 Edition, or as rmended, or otherwise indicated in the specifications and m. this Agreement,
THIRD: That said Contractor agrees to receive and accept the following prices as full compensation for fumishing all materials and for doing all the work embraced and contemplated in this Ageement, and as sel forth in the Proposal adopted by the City of Salinas, a true copy thereof hereto attached; also, for all loss or damage arising out of the nature of said work, from the action of the elements. or from any unforeseen di{ficulties or obstructions which may arise or be encountered in the prosecution of the work until the acceptance thereofby the City ofSalinas, and for all risk connected with the work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the said Plans and Specifications and the Provisions ofthis agreement and the requirements ofthe City Engineer under them, to wit: The prices as sel forth in the Proposal of said Contractor for the work to be constructed and completed under this Agreement, which prices shall be considered as though repealed herein. 33 The Contractor and City hereby agee that the Contractor shall perform the work, and be paid the amount of bid items No. 1 specified in the Proposal ofthe Contractor, for rhe as toral price or Nine Hundred Fifty Five. Four Hundred Forty The undersigned Contractor further agrees Io so plan lhe work and to prosecute it with such diligence lhat said work, and all of it, shall be completed on or before lhe expiration of the lime specified in the Proposal after execution ofthe Contract on behalfofthe City ofSalinas and the receipt fiom the City ofSalinas ofa Notice to Proceed with the work.
FOURTH: The City of Salinas hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and refered to. for the price aforesaid, and hereby Contracts to pay the same aI the time, in the manner, and upon the conditions set forth in the Specifications and the said pafiies, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance ofthe covenants herein contained
FIFTH: No inlerest in lhis Agreement shall be transferred by the Contraclor to an) other party, and any such transfer shall cause the annulment ofthis Contract, so far as the City ofSalinas is concerned. All rights of action, however, for any breach ofthis Contract are reserved Io City.
SIXTH: The Contractor shall keep harmless and indemniry the City ofSalinas, its officers, agents, and employees from all loss, darnage, cost, or expense that arises or is set up for infringement of patent rights of anyone for use by the City ofSalinas, its officers, agents, or employees. or articles supplied by the Contractor under this Contract of which he/she is not entitled to use or sell. Contractor agrees to. at his,4rer own cost and expense, defend in court the City, its officers, agents, and employees in any action which may be commenced or maintained against them or any ofthe, on account ofany claimed infiingement ofpatent rights, arising out ofthis Agreement.
Contractor shall indemnif and save the City of Salinas, its officers, agents, and employees harmless against all claims for damages to person or property arising out of Contractor's execution of the work. or otherwise by the conduct ofthe Contractor or its employees, agents, Subconlractors, or others (including the active and passive negligence of the City, its officers, agents, and employees) in connection with the execution of the work covered by this Contract and any and all costs, expenses, aftomey's fees, and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgnent or not, except only those claims arising from lhe sole negligence or willful conduct of the City, its officers, agents, or employees. Further, Contractor at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its offcers, agents, or emplo)'ees.
Contractor shall reimburse the City of Salinas for all costs and expenses (including but not limited to fees for architects, engineers, attomeys, and other professional and court costs) incuned by the City in enforcing the Provisions of this Section.
SEVENTH: The Contractor agrees to immediately repair and replace all def'ective material and workmanship discovered within j1g44 after acceptance offinal payment by Contractor and to indemnify said City of Salinas againsl all loss and damage occasioned by any such defect, discovered within said !yL, even though the damage or loss may not be ascertained until after the expiration thereof. Provided, however, that ifsuch failure ofthe Contractor to perform should not, by reasonable diligence, be discoverable or discovered 34 ($ 955.440 ) Dollars.
within said !g, then the obligation of the Contractor to repair and replace said defective material or workmanship shall continue until one year after the actual discovery thereof.
EIGHTH: Contractor shall procure and maintain for the duration ofthis Agreement insurance meeting the requirements specifi ed hereto.
NINTH: Contractor agrees to comply with all applicable federal, state and municipal laws and regulations, including but not limited to Califomia Labor Code Division 2, Part 7, Chapter I.
Apprenticeship utilization: The Contractor agrees to comply with the Department of Apprenticeship Standards ofthe California Labor Code Section 1777.5 and the following:
Prior to commencing work on the awarded contract, lhe Contractor shall submit contract award information (form DAS 140) to all applicable apprenticeship progmm(s) that can supply apprentices to the site ofthe public work. A copy ofthis information shall also be provided to the City of Salinas.
The ratio of work performed by apprentices to journeyman employed in a particular craft or trade on the public work shall be no less than one hour ofapprentice work for every five hours ofjoumeyman work.
At the end of each month of work on the contrrct, the Contractor and Subcontrrctors shall submit a record of utilization ofapprentices for the previous months work.
Within 60 days after concluding work on the contract, each Contractor and Subcontractor shall submit to the City of Salinss and to the apprenticeship program a verified statement ofthe journeyman and apprentice hours performed on the contract.
TENTH: Contractor agrees to comply with all requirements of the City of Salinas Local Hiring Preference Ordinance 2330, Salinas City Code Chapter 12. Article IV, which hereby establishes local hiring requirement procedures on Public Work Contracts, with respecl to person(s) hired directly by the Contractor and all persons hired by the Contractor's Subcontracto(s).
IN WITNESS WHEREOF, City has caused this instrument to be executed and its corporate name and seal to be hereunto attached by its Mayor, pursuant to resolution theretofore duly adopted by the Council ofthe City ofSalinas, and Contractor has caused this instrumenl to be executed the day and year first hereinabove wriften.
CITY OF S LINAS M pal Cot)oralion
ATTEST:
City Cler
M
12*,L%
CEE ATIACHED 0 .A1.t c? 0
uoia'ii CEnrrrrcarE
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(Attoch Notary Acknowledgment) Contmctot (signature in hlue ink) NOTE: Please refer to the "General Instructions to Low Bidder" for specific signature requirements. the form of the foregoing contract this 3Il0 day of
,oq.
Checked by the City Engineer
Attomey for the City of Salinas
Q-.t, - t
City Engineer
ALL SIGNATURES SHALL BE NOTARIZED EXCEPT THOSE OF CITY OFFICIALS 36 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 anached, and not the truthfulness, accuracy, or validity of that document
CALI FORNIA ALL-PURPOSE
C ERTIFICATE OF ACKNOWLEDGMENT
State of Calitbrnia
Countl of Monterel
On 5.,\ t5 7oZ t befbre me. AZ ?^ ?ubl;c
personally appeared 0 4.tr f', M
VANESSA
coMM. #
PARADICE
221264L
who proved to me on the basis of satisfactorl, evidence to be the person(s) whose name(s) is/are subscribed to the u ithin instrument and ackno* ledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies). and that by his/her/their signalure(s) on the instrument the person(s). or the entin upon behalf of which the person(s) acted. cxecuted the instrument.
Afll PIIBtIC. CAUIORTIIA
MoilrtRtYCoUtrry I cenifl under PENAI-TY OF PERJIIRY under the larvs ofthe State of Califbmia that the fbregoing paragraph is true and correct.
My Comm Erpfss S€Pt 3 ,2021
WITNESS mr' hand
Signature \
S'SnlErcof \or$ Prbl'!
ADDITIONAL OP'TIONAT, INFORMATION
Title or Description of attached documenr t tO
Documenr Date: N- Oo.k-C Number of Pages ,'- \\1 -
Capacity(ies) Claimed b1 Signer
Signer's Name:
Capacitl ( ies ) Claimed by Signer
o Individual
o Corporate Officer
Signer's Name
o Individual
o Corporate Ofllcer
E Partner
n Aftorney-in-F
D Partner
DA Fact
o Trustee
tr Other: r
Si er rs representtng
and official seal.
S igner is representing
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40762931+
CERTTFICATE OF AMENDA,\ENT OF
ARTICLES OF INCORPORATION OF
SMITH ond ENRI6HT LANDSCAPE,INc. \
FILED
Secntaryof State ,.n- wacew* al/)
lov07mi u/
JAMES F. SA^ITH ond RICHARD A. ENRIGHT certify thot:
l. They ore the President, Secretory ond Chief Finonciol Qfficer, respectively, of SA ITH ond ENRIGHT LANDSCAPE, fNC., o Colifornio corporotion.
2. The Boord of Direcfors of SI{ITH ond ENRf6HT LANDSCAPE, fNC. hos approved the following omendments to the Arficlas of fncorporotion:
3. ARTICLE I: NAME of the Articles of Incorporotion is omended to reod os followsr I. NAME
The nome of the corporotion is S/IfTH & ENRI6HT LANDSCAPING, INC.
4. The following sholl be odded os Article WII of the Articles of fncorporotion:
WII. CLOSE CORPORATION
The corporotion's issued shores of oll closses will be held of record by not more thon 35 persons. This corporotion is o close corporotion.
5. These omendments hovebeen opproved by the reguired vote of the shoreholders in occordonce with Corporations Code Section 902. The corporotion hos only one closs of shores. Eoch outstonding shore is entitled to one vote. The totol number of shores issued ond outstonding is 1,60O shores. Corporotions Code Section 158(b) reguires o unonimous vote of oll outstonding shores for the odoption of these omendments. The number of shores votirg in fqvor of the omendment eguoled the vote reguired: the omendment wos opproved by the offirmative vote of 1,600 shores, thot is, by the offirmotive vote of one hundred percent (100%) of oll the issued ond outstonding shoresWe declore under penolty of perjury thot the stotements set forth in this certificote ore true ond correct of our own knowl edge ond thot this declorotion wos executed on 014 ot Solinos, Colifornio.
s resident RICHARD A. HT, Secretory
ond Chief F ioI Officer
7 2060437
SECRETARY OF STATE
,.f.-:-;\
l, BIU JONES, Secretary of State of the State of Califomi4 hereby certify
That the attached transcript has been compared with
the record on file in this office, of which it purports to be a copy, and that it is fult, true and correct.
IN WITNESS WHEREOE I execute
this certificate and affix the Great
Seal of the State of California this
5r./lr^r .orr ca.ro, rr.r dr,
Secretary of State
97 350€5
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1 2060437
ARTICLES OF INCORPORATION
fNUURShD
FILED
thr olirce ol iE Soir?trry oi Sta
Dt lhe Slate ol Crlilomia
SMITH and ENRIGHT LAI\DSCAPE, INC.
t{ov r 0 1997
8[.t J0Iis. ol $lrte
I. NAME
The name of the corporation is SMITH and ENRIGHT LANDSCAPE, INC.
II. PURPOSE
The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organrzed under the General corporation Law of Califomia other than the banking business, the trust company business, or the practice of a profession permined to be incorporated by the Califomia Corporation Code.
III. DIRECTORS
The number or Directors of the corporation is two (2).
IV. INITIAL DIRECTORS
The names and addresses of the persons appointed to act as initial Directors are:
OF
Richard A. Effight
16 Hitchcock Road
Salinas, CA 93908
James F. Smith
16 Hitchcock Road
Salinas, CA 93908
V. AGENT FOR SERYICE OF PROCESS
' The name and address in the State of the corporation's initial agent for service of process is James F. Smith, 16 Hirchcock Road, Salinas, Califomia, 93908.
vr. sTocK
The corporation is authorized to issue one class of shares which shall be designated "common shares", having a total number of 2000 shares.
VTI. NO PREFERENCES. PRTVILEGES. RESTRICTIONS
No distinction shall exist between the shares of the corporation or the holders thereof.
IN WITNESS WIIEREOF, the undersigrred, who are the incorporators of this corporation, have executed these Articles of Incorporati on on 0 .--.[ lr4. rsst.
A. End . DIRECTOR
James F. th DIRECTOR
1 L
DECLARATION
' we decrarc that we are the penrons who executed the abo'e Articres of lncorporation and that this instnrment is our act and deed. t
A. IRECTOR
F DIRECTOR
I
,6-SA
\ v
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, and for thee years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the pedormance of the work hereunder by the Contractor, his,4rer/its officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCtr
Coverage shall be at least as broad as:
l. Commercial General Liability ("CGL"): Insurance Services Office ("lSO") Form CG 00 0l 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. Ifa general aggregate limit applies, either the general aggregate limit shall apply separately to this projecrlocation (lSO Form CG 25 03 or 25 04) or the general aggregate Iimit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code I (any auto), with limits no less than S1,000,000 per accidenl for bodily injury and property damage.
3. Workers' Compensation: as required by the State of Califomi4 with Statutory Limits, and Employers' Liability insurance with a limit of no less than $ I ,000,000 per accident for bodily injury or disease.
4. Conlractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with Iimits no less than $ | ,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 Conlractor requires and shall be entitled to the broader coverage and./or higher Iimits maintained by the Contractor. Any available insurance proceeds in excess ofthe specified minimum limits of insurance and coverage shall be available to the City
Self-Insarcd Retention
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 administralion, and defense expenses. The policy language shall provide, or be endorsed lo provide, that the self-insured retention may be satisfied by either the named insured or City.
Ahet I nsurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its oflicers, 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 fumished in connection with such work or operations and automobiles owned, Ieased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (al least as broad as ISO Form CG 20 10. CG I I 85 or both CG 20 I 0, CG 20 26, CG 20 33, or CG 20 .18; and CG 20 37 forms if laler revisions used).
37 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as tSO CG 20 0l 04 l3 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 ofthe 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 Io the City.
4. A copy ofthe claims reporting requirements must be submitted by Contractor to the City.
5. If the services involve lead-based paint or asbestos identificatior/remediation, the Contractor's Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. Ifthe services involve mold identification/remediation, the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition ofPollution shall include microbial matter, including mold.
Acceptabil y of Insurcrs
lnsurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating ofno less than A: Vll, unless otherwise acceptable to the City. lYaiver of Subrugation
Contractor hereby agrees to waive rights ofsubrogation which any insurer ofContractor 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 ofthe City for all work performed by the Contractor, its employees, agents and subcontractors.
Yer ilic atio n of C ov erag e
Contractor shall fumish 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.
Subcontraclors
Contractor shall require and veriry 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 subconfiactors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CC 20 38 04 13.
M ainl en an c e of I nsurun c e
Maintenance ofinsurance by Contractor as specified shall in no way be interpreted as relieving 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 Circumstdnces
iri
City reserves the right to modi! these requirements, including limits, based on the nature of the rislr prior experience, insurer, coverage, or other special circumstance. i9
puBl-,rc woRKS CONTRACT AWARD TNFORMATION (D.A.S.
140)
PUBLIC WORKS CONTRACT AWARD INFORTTATION
Cmtract award nfdnotdr must be sont to yolr{ Apg€ntceshD Ca.lrrtr€o if you aro app.ov€d to trsln I yo.J aro not tpfxo/rd b fan, yotr rnost saf|d trro ntsreon (whrch nEy be uis lorm) to AIL apprcabb Appreooceship cdllYft6 h your craft oa trs(b n lie 6rs ol the stte o, the B-blc work Go lo: htb:rwww.drr.c6.9ov/d/as/PuuowoaksForms hlrnfor rirdnaton aboul progdrE n yotrl aroa dd lrodE. You nEy 6lso coiqfl your loaal E vrsur ot Apg.entrceshD SarErrs (OAS) otfrce rrhoso bleprslo run$e. nay bs loJnd n your locd drectoay ud€.
Cslrtunrs. Sl6te of, lrdustnal Relatdls. Ovierrl ol App.eotc€sl|lp Star(btds.
Ilo not send thb form to the DMsion of Apprenticeship Standards.
Ihis is not a request for dispatch of apprentices.
Controclors tnust moke a separate rcquas! loa aclual clspolch, n accnrdanc? $/ h Socaon 23A l@) Calforna Code ol Regulalotls ClAck One Of Tt!€ tuxes tulow
We are already approved to train apprentices by the
Apprenticeship Committee. We willemploy and train under their Standards. E.te'nameorth€comm, ee We will comply with the standards of
Apprenticeship Committee for the duration of this iob only E.ler name ol thc Comm,ltca Wc will .mploy and train apFentices in accordance with the Calibmia Apprentk=ship Council regulations, including S 230.1 (c) which requires lhat apprentices emdoyed m public projeds can only b€ assigned to periom work of the crafr or trade to whiil the apprentice b registered and that the apprentii-s must at all times woIk wilh or under the direct supervision of Fumeyman/rnen.
2. Srgnatrg
TWd I'taib
Te
St L ot C.lltomi. . D.p..tmant ol lndu.trl.l R.t.ttoia oMSIO S APFREXIICE$f gTA}fiARDg
40 3E
A<-C)Ri;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANt if the cenificate holder is an AOBITIONAL INSURED, the policy(ies) must be endoEed. It SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, cenain policies may require an endorsement. A statement on this certilicate does not conter rights to the certificate holder in lieu of such endorsementls).
],eavilt Centla.I Coast Insulanc€ Servicas, Inc.
]-icense rl0c39781
950 East Blanco Ad, Suite 103
Safinas CA 93901
Suzette Chacon
(831) 424-6404
suzette-chacon@ Ieawalt. con
INSURER(SI AFFOROING COVERAGE
TNSURERA: Gleat Am6rican Insurance Conpan\. a16691
SlilITH 6 EIRIGET LANDSCAPING. INC
5{0 work street }c
sallnas cA 93901-5005
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER:20-21 Maste! REVISION NUMBER:
THIS IS TO CERTIF/THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TOTHE INSURED NAMEDABOVE FOR THE POLICY PERIOO INDICATED NOTWTHSIANDING ANY REQUIREMENI IERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO V],+IICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED AYTHE POLICIES OESCRIBED HEREIN IS SUAJECTTOALLTHE IERMS.
EXCLUSIONS AND CONoITIONS OF SUCH POLICIES LIMITS SHOr/tN MAY HAVE BEEN REDUCEO BY PAID CLAIMS x COU MERCIAL GEN ERAL LIABILITY
x
CEN'L ACGREGATE LIMITAPPLIES PER
x x JECT
x Y
1,000,000
s 100,000
MED Er(P tAiy onc p.en) s
PERSONA! & AOV INJURY 1,000,000
S 2,000,000
PRODI]CTS, COMP/OPAGG S 2,000,000
s r.,000,000
A
x
SCHEOIJLEO x Y
S 1,000,000
BOOTLY LNJURY (Per Fmn) I
aOOTLY TNJURY (Per a@dtnr) s
s
S 5,000
x
EXC€SSUAE
x 4,000,000
5 4,000,000
OED RETENTON I 5
TYORKERS CO PE'iSATION
ANO EiIPLOYERS' f IAEILITY
ANY PROPRIETOR]PARINEFYEXECUTIVE
OFFICEF'MEMAER EXCLI]DEO'
DESCRIPIION OF OPE RANONS bdd
STATUTE
S
E L OISEASE, EA EMPLOYEE 5
s
OEscRlPTloN OF oPERATIoNS / LocAnoNs / vEtllcLEs (AcoRD 101, Addlrioml R.drt. sclEduh, Ey b. .i.ch.d il mn !p... l. rquind) RE: I,andscape Servic€s fo! Nortsh/East Maintenance District
CERTIFICATE HOLDER CANCELLATION
SHOULOANY OF THE AAOVE OESCRIBEO POLICIES BE CANCELLEO BEFORE
THE EXPIRATION OATE THEREOF, NOTICE WILL BE OELIVEREO IN
ACCOROANCE WTH THE POLICY PROVISIONS,
AUIIIORIzED REPRESENIAIIVE
Joe Bonura/SUCEAC *'&*-a>
O 1988-2014 ACORD CORPORATION, All rights .esorved
ACORD 25 (201401)
lNS025 r2or!ol)
The ACORD nams and logo are registored marks of ACORO
1/16/2021
5,000
f
rh€ Cj'ty of Sali.nas, its officers, officiaLs, 6llployees and vol-unte€rs ale includ6d as Addj.tional hsur€d pe! the attached endolseeent forDs.
City of Salinae
200 Lincoln Avenu6
sal,i,nas. cA 93901
I
A. Who ls an lnsured (SECTION ll - LIABILITY
COVERAGE, paragraph A.1.) is amended to include as an insured any person or organization (called additional lnsured) with respect to the
operation, mainlenance, or use of a covered
"auto" whom you are required to add as an
additional lnsured on this Policy under:
1. a written contract or agreement, or;
2. an otal contract or agreement where a
certificate of insurance showing lhat person or organization as an additional lnsured has been issued, but the written or oral contract must be
a. currently in effect or becoming effective
during the term of this Policy; and
b. executed prior to the date of "loss."
B. lf the additional lnsured is a lessor of a
"leased auto"i
For a covered "auto" that is a "leased
auto" Who ls An lnsured is changed to
include as an "lnsured" the lessor.
b. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent
takes possession of the "leased auto,"
wh ichever occu rs first.
Policy# CAP362404900
cA 83 76 (Ed. 10/13)
a. We will pay, as interest may appear,
you and the lessor for "loss" to a
"leased auto."
b. The insurance covers the interest of
the lessor unless the "loss" results
from fraudulenl acts or omissions on
you r part.
c. lf we make any payment to the lessor,
we will obtain his or her rights against
any other party.
3. Cancellation
a. lf we cancel the Policy, we will mail
notice to the lessor in accordance with
the Cancellation Common Policy Cond ition.
b. lf you cancel the Policy, we will mail
notice to the lessor.
c. Cancellation ends this agreement
4. The lessor is not liable for payment of
your premiums.
5. Additional Def in itio n
As used in this endorsement
"Leased auto" means an "auto" leased or
rented to you including any substitute, replacement or extra "aulo" needed to meet seasonal or other needs, under a leasing
or rental agreement that requires you to
provide direct primary insurance for the
lessor.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
cA 83 76 (Ed. 10/13)
l. Coverage
a. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow.
2. Loss Payable Clause
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY . OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following The following is added to the Other lnsutance
Condition and supersedes any provision to the
contrary:
Primary and Noncontributory lnsu rance
This insurance is primary to and will not seek
contribution from any other insurance available to an additional insured under your policy provided that:
Pol# PAC362404800
cG 20 01 (Ed. 04 13)
(l) the Additional lnsured is a Named lnsured
under such other insurancet and
(2) you have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
Additiona I lnsured.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Copyright, ISO Properties, lnc., 2012
cG 20 01 (Ed. 04/13)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION II.. WHO IS AN INSURED, 2. iS
amended to include as an insured any person
or organization who you are required to add
as an additional insured on this Policy under:
1. a written contract or agreement; or
2. an otal agreement or contracl where a
certificate of insurance showing that person or organization as an additional insured has been issued; Policy# PAC362404800
cG 84 70 (Ed. 05 14)
or adverlising injury" covered under SECTION
I - COVERAGE A - Bodily lniury and Property Damage and SECTION I - COVERAGE B - Personal and Adyertising lnjury, 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 behalf, and resulting directly from:
a. your ongoing operations performed
for the Additional lnsured, which is the
subject of lhe written or oral contract
or agreement; or
b. "your work" completed as included in
the "products-completed operations
hazard," performed for the Additional
lnsured, which is the subject of the
written or oral contract or agreement.
C. However, regardless of the provisions of
paragraph A. and B. above:
a. that is not provided to you in this coverage part; or b. thal is any broader coverage than you
are required to provide to the Additional lnsured person or organization in the written or oral contract or agreement; and
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED . WHEN REQUIRED IN CONTRACT
OR AGREEMENT WITH YOU
but the written or oral contract or agreement
must be:
b. executed prior to the "bodily injury,"
"property damage," or "personal and
advertising injury."
H owever
1) the insurance afforded to such
additional insured only applies to
the extent permitted by larv, and
2) if coverage provided to the Additional lnsured 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.
B. The insurance provided to the Additional lnsured person or organization applies only to "bodily injury," "property damage" or "personal
cG 84 70 (Ed. 05/14) (Page 1 of 2)
l. We will nol exlend any insurance coverage to any additional insured person or organization:
a. currently in effect or becoming effective during the term of this Policy; and
2. With respect to the insurance alforded to
these Additional lnsured, the following is
added to SECTION lll - LIMITS OF lN -
SURANCE:
lf coverage provided to the Additional lnsured is required by a contract or agreement, the most we will pay on behalf of the Additional lnsured is the amount of
insurance:
a. required by the contract or agreemenl,
or
b. available under the applicable Limlts o f
lnsurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits o f lnsurance shown in the
Declarations.
D. The insurance provided to the Additional lnsured person or organization does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services, including:
the preparing, approving or failing to prepare or approve maps, Shop drawings, opinions, reports, surveys, field orders,
change orders or drawings or specificalions; and
2. supervisory, inspection, architectural or
engineering services.
1. we are notified as soon as practicable of
an "occurrence" or offense that may result
in a claim;
2. we receive written notice of a claim or
"suit" as soon as practicablei and
which the Additional lnsured is a named
insured, if the written or oral contracl or
agreement requires that this coverage be
primary and no n-con tribulo ry.
F, For the coverage provided by this endorsement:
1. The following paragraph is added to paragraph 4.a. of the Other lnsurance Condition of SECTION lV COMMERCIAL GENERAL LIABILITY CONDITIONS: This
insurance is primary insurance as respects
our coverage to the Additional lnsured
person or organization, where the written
conlract or agreement requires that lhis
insurance be primary and non-contributory. ln that event, we will not seek contribution from any other insurance policy available to the Additional lnsured on
which the Addilional lnsured person or
organization is a named insured.
2. The following paragraph is added to paragraph 4.b. of the Other lnsurance Condition of SECTION lV COMMERCIAL GENERAL LIABILITY CONDITIONS:
This insurance is excess over
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in
which the Additional lnsured on our policy
is also covered as an additional insured by
attachment of an endorsement to another
policy providing coverage for the same
"occurrence," clarm or "suit.' This provision
does not apply to any policy in which the
Additional lnsured is a named insured on
such other policy and where our policy is
required by written conlract or agreement,
executed prior to the date of loss, specifically requires that this insurance provide coverage to the Additional lnsured on a pflmary or non-contributory basis
G. This endorsement does not apply to an additional insured which has been added to this Policy by an endorsement showing the Additional lnsured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.
This endorsement does not change any other provision of the Policy.
E. The Additional lnsured must see to it that:
3. a request for defense and indemnity of
the claim or "suit" will promptly be brought
against any policy issued by another insurer under which the Additional lnsured may be an insured in any capacity. This
provision does not apply lo insurance on
cG 84 70 (Ed. 05/14) (Page 2 of 2)
Policy# PAC362404800
cG 82 17
(Ed. 12 04)
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS PLUS
COMMERCIAL GENERAL LIABILITY ENDORSEMENT
This endorsement modifies the insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is a summary of the Limits of lnsurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
A. The Limits of lnsurance shown below are provided for the Coverages listed Limits Subjects of lnsurance
$ 1 .000
$ 300.000
$ 10,000
Bail Bonds
Damage to Premise Rented lo You
Medical Payments
B. The following coverage extensions are provided. These are extensions of coverage, not additional Limits of lnsurance.
Automatic Additional lnsured when required in Construction Agreement Broad Named lnsured
Broad N otice of Occurrence
Broadened Mobile Equipment
Contractual Personal ln.iury and Adverlising lnjury
lncidental l\4alpractice Liability
Mental Anguish
Newly Formed or Acquired Organizations
Non-owned aircrafl
Non-owned watercraft up to 51 feet
Per Location/Per Project Aggregate Limit
Personal lnjury Defin ition Amendment
Property Damage - Borrowed Equipment
Property Damage - Elevators
Unintentional Failure to Disclose Hazards
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) XS (Page 1 of 11)
l. The Commercial General Liability Coverage
Part is amended as follows:
A. SECTION I. COVERAGES
1. Coverage A Bodily lniury and Property Damage Liability a. Exclusions
(1) Exclusion 9. Aircraft, Auto
or Watercraft, is deleted in
its entirety and replaced by
the following:
g. Airc raft,
Waterc raft
Auto or
"Bod ily injury" or
"property damage" a rising oul of the ownership, maintenance, use or entrustment to oth -
ers of any a ircratt,
"aulo" or watercraft
owned or operated by
or rented or loaned to
any insured. Use includes operation and
"loading or unloading."
This exclusion applies
even if the claims
against any insured allege negligence or oth -
er wrongdoing in the
supervision, hiring, employment, training or
monitoring of olhers by
that lnsured, if the "occurrence" which caused
the "bodily injury" or
"property damage" involved the ownersh ip,
maintenance, use or entrustment to others of
any aircraft, "auto" or
walercraft that is owned or operaled by or
rented or loaned to any
insured.
('l) an aircraft, with a
paid crew, that is
hired, chartered or
loaned but is not
owned by any insured,
2) a wate rcraft while
ashore or at
premises you own
or rent;
3) a watercraft
do nol own
that is:
you
and
(a) less than 51
feet long; and
(4) parking an "auto"
on, or on the ways
next to, prem ises
you own or renl,
provided the "auto"
is not owned by or
rented or loaned to
you or lhe lnsured i
(5) liability assumed
under any "insured
contract" for the
ownership, maintenance or use of
aarcraft or watercraft; or
(a) the operation
of mach inery
or equipment
that is attached to, or
part of, a land
vehicle that
would q ualify
under the
def in ition of
"mobile
This exclusion does not
apply to:
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) XS (Page 2 of 11)
(b) not being
used to carry
persons or
property fo r
a charge;
(6) "bodily injury" or
"property damage"
arising out of:
equipment" if
it were not
subject to a
com pu lsory
or financial
responsibility
law or other
motor vehicle
insurance law
in the state
where it is licensed or
principally garaged; or
(b) the operation
of any of the
machinery or
equiPment
listed in paragraph f.(2) or
f.(3) of the
definition of
"mobile
eq uiPment. "
(2) Exclusion i. Damage to
Property is deleted in its
entirety and is replaced with
the following:
l. Damage to Property
"Property damage" to:
(l) property you ow n,
rent, or occu py,
including any costs
or expenses incurred by you, or
any other person,
organization or
entity, for repair,
replacement, enhancement, restoration or maintenance of such ProPerty fo r any
reason, including
Prevention of injury to a person or
damage to another's property;
"property damage"
arises out of any part of those
p rem ises,
(5) that particular part
of real property
on which you or
any contractors or
su bcontractors
working directly or
indirectly on your
behalf are performing operalions, if the
"ProPerty damage"
arises oul of those
operations;
(6) that particular part
of any p ro pe rty
lhat must be restored, repaired,
or replaced because "your work"
was incorrectly
performed on it.
Paragraph (2) of this exclusion does not apply if the
premises are "your work"
and were not occupied, rented or held for rental by you.
Paragraphs (3), (a), (5) and (6)
of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraphs (3) and (4) of this
exclusion do not apply to the
use of elevators.
Paragraph (4) of this exclusion does not apply to
"property damage" to borrowed equipment while not
being used to perform operations at a job site.
(2) premises you sell,
give away or
abandon. if the
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 't7 (Ed. 12104) XS (Page 3 of 1'l)
(3) property loaned to
youl
(4) personal p ro pe rty
in the care. c u stody or control of
the lnsured;
Paragraph (6) of this exclusion does not apply to
"property damage" included
in the "products -completed
operations hazard."
Exclusions c. through n. do
not apply to damage by fire,
lightning or "explosion" to
premises while rented to you
or temporarily occupied by
you with permission of the
owner. A separate Limit of
lnsurance app lies to this
coverage as described in
Limit of lnsurance (Section
I r).
2. coverage B Personal lnjury and Advertising lnjury Lia bility a. 2. Exclusions
Exclusion e. is deleted in its entirety.
3. Coverage C Medical Payments
Paragraph l.a. of the lnsuring Agreement is deleted in its entirety and replaced by the followin g:
a. We will pay medical expenses as
described below for "bodily rnjury" caused by an accident:
(l) on premises you own or
renl;
(3) because of your operations;
(l) the accident takes place in
the "coverage territory" and
d u ring the policy period;
(2) the expenses are incurred
and reported to us within
three years of the date of
the accident: and
(3) the injured person submits
to examination, at our expense, by physicians of our
choice as often as we reasonably require.
Item 1.b. is deleted in its entirety and
replaced by the following:
b. Up to $1,000 for cost of bail
bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do
not have to furnish these bonds.
B. SECTION II . WHO IS AN INSURED
l. ltem 2.a.(lXd) is deleted in its entirety
and replaced with the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who
are employed by you to provide
medical or paramedical services.
2. ltems 2.e. and 2.f. are added
e. Any subsidiary and subsidiary
thereof, of yours which is a legally incorporated entity of which you own a financial interest of
more than 50% of voting stock
on the effective date of this
Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part
as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) XS (Page 4 of 11)
(3) The last paragraph in 2. Exclusions is deleted in its e n - tirety and replaced by the
followin g:
(2) on ways next to premises
you own or rent; or
provided that:
4. Supplementary Payments -
Coverages A and B
policy but for ils termination or
the exhaustion of its Limits of lnsurance.
f. Any person or organization for
whom you are performing operations when you and such person or organization have agreed in
writing in a contract or agreement
that such person or organization
be added as an additional insured
on your policy. such person or
organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that lnsured but
(l) coverage is no broader than
coverage provided to you
under this policy, and
(2) only lo the extenl of the applicable Limit of lnsurance of this policy.
A person's or organization's status as
an insured under lhis endorsement
ends when your operations for that
lnsured are com pleled.
The insurance provided the Additional
lnsured(s) is limited to liability arising
out of acts or omissions of the Additional lnsured(s) in connection with their general supervision of "your
work. "
This insurance does not apply to
"bodily injury," "property damage," or
"personal and advertising injury" arising
out of an architecl's, engineer's, or
surveyors' rendering or failure to render any professional architectural, engineering or surveying services, including:
a. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions report,
surveys, field orders, change orders or drawing and specifications; and b. supervisory, inspection, a rch itectural or engineering activities.
3. Paragraph 3. is deleted in it's entirety
and replaced by the following:
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which
you maintain o\rvnership or majority interest, will qualify as a named insured if there is no other
similar insurance available to that
organization. However:
a. coverage under this provi.
sion is afforded onty untit
the 180th day after you acquire or torm the organization or the end of the policy period, whichever is earlier:
b. Coverage A does not apply
lo "bodily injury" or "property damage" that occu rred before you acquired or
f ormed the organization;
c. Coverage B does not apply
to "personal and advertising
injury" arising out of an offense commitled before you acquired or formed the organization.
No person or organizalion is an
insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not
shown as a named insured in lhe
Declaralions.
C. SECTION III . LIMITS OF INSURANCE
L ltem 2. is deleted in its entirety and
replaced by the f ollowing:
2. The General Aggregate Limit is
the most we pay for the sum of:
a. medical expenses under
coverage C,
b. damages under Coverage A,
except damages because of
"bodily injury" or " p rope rty
lncludes copyrighted material of ISO Properties, lnc., with ils permission QG 82 17 (Ed. 12i04) XS (Page 5 of 11)
damages" included
"products-completed
ations hazard", and
in the
opera, You must see to it that weare notified as soon as praclicable of an "occ u rrence " or an offense which
may result in a claim. To the
extenl possible, notice
should include:
(1) how, when and where
the "occurrence" or offense took place;
(2) the names and addresses of any injured persons and witnesses: and (3) lhe nature and location
of any injury or damage
arising out of the "occurrence" or offense.
b. lf a claim is made or "suit"
brought against any insured,
you must:
('l ) immediately record the
specifics of the claim
or "suit" and the date
received; and
(2) notify us as soon as
practicable.
c. damages under Coverage B
at any one
a. project away from premises
owned by or rented to you;
or
b. premises owned by or rented to you, involving the
same or connecting lots or
premises whose connection
is interrupted only by a
street, roadway, waterway
or right-of-way of a railroad.
2. ltem 6. is deleted in its entirety and
replaced by the following:
6. Subject to 5. above, the higher of
$300,000 or the Damage to
Premises Rented to You Limit is
the most we will pay under Coverage A for damages because of "properly damage" to premises
while rented to you, or in the
case of damage by fire, lightning
or "explosion," or temporarily
occupied by you with permission
of the owner.
3. ltem 7. is deleted in its entirety and
replaced by the follow in g:
7. Subject to 5. above, the most we
will pay under Coverage C for all
medical expenses because of
"bodily injury" sustained by any
one person is lhe higher of
$10,000 or the Medical Expense
Limit shown an the Declarations.
D. SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
L ltem 2. - Duties in the Event of Occurrence, offense, claim or suit - is deleted in its entirety and replaced by
the following:
You must see to it that we
receive written notice of the
claim or "suil" as soon as
practicable.
c. You and any other involved
insured must:
(2) authorize us to obtain
records and other information i
(3) cooperate with us in the
investigation or sett lement of the claim or
defense against the
"suit"; and
2. Duties in the Event of Occurrence, Offense, Claim or Suit. lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) xS (Page 6 of 11)
(l) immediately send us
copies of any demands,
notices, summonses or
legal papers received in
connection with the
claim or "suit";
d. No insured will, except at the
lnsured's own cost, voluntarily make a payment, assume any obligalion. or incur any expense, other than for
first aid, without our consenl.
Knowledge of an "occurrence",
claim or "suit" by the agent, servant or employee of any insured shall not in itself conslilute
knowledge of the lnsured unless
an officer or his designee shall
have received notice from its
agent, servant or employee.
2. ltem 4. - Other lnsurance is deleled in
its entirety and replaced by the following:
4. Other lns urance
a. lf other valid and collectible
insurance is available to the
lnsured for a loss we cover
under Coverage A or B of
this Coverage Part, our obligations are limited as f o llows:
(2) Excess lnsurance
(1) Primary Insurance
This insurance is excess
ove r;
(a) Any of the other
insurance, whether
primary, excess,
contingent or on
any other basis:
(i) that is Fire,
Extended
Coverage,
Builder's Risk.
lnstallation
Risk or similar coverage
for "you r
work":
(ii) that is Fire,
Lightning, or
Explosion insurance for
premises rented to you
or tem porarily occu pied
by you with
permission of
lhe ownerl
(iii) if the loss
arises out of
the maintenance or use
o f a ircraft,
"autos" or
watercraft to
the extent not
sub.iect to
exclusion g.
of Coverage
A (Section l);
(iY) if the loss
arises out of
" pro perty
damage" to
borrowed
equipment
while not being used to
perform op-
(4) assist us, upon our request, in the enforcement of any right against any person or
organization which may
be liable to the lnsured
because of injury or
damage to which this
insurance may also applv.
This insurance is primary except when (2) below applies. lf this insurance is primary, our obligations are not affected unless any of
the other insurance is
also primary. Then, we
will share with all that
olher insurance by the
method described in (3)
below.
lncludes copyrighled material of ISO Properties, lnc., wilh its permission.
CG 82 17 (Ed. 12104) xS (Page 7 of 'll)
erations
the job
or
at
site;
will be entitled to the
lnsured's rights against
all those other insurers.
When this insurance is
excess over other insurance, we will pay
only our share of the
amount of the loss. if
any, that exceeds the
SUM Of :
(a) the tolal amount
that all such other
insurance would
pay for the loss in
the absence of this
insurance, and
(b) the total of all deductible and se lfinsured amounts under all that other
insurance.
We will share the remaining loss, if any
with any other insurance that is not described in this Excess lnsurance provision and
was not bought specifically to apply in excess of lhe Limits of lnsurance shown in the
Declarations of this
Coverage Part.
(3) Method of Sharing
lf all of the other insurance permils con t rib ution by equal shares, we will follow this method
also. Under this approach, each insurer
contributes equal
amounts until it has paid
ils applicable Limit of
lnsurance or none of
the loss remains,
wh ich ever comes first.
lf any of the other insurance does not permit contribution by equal shares, we will
(v) if the loss
arises out of
"property
damage" due
to the use of
elevators.
(c) Any other primary
insurance available
to an aulomatic
additional insured
when required in a
construction
agreement with
you covering lia bility for damages
arising out of the
premises or operations unless you
are specifically required by written
contract fo r this
insurance to be
primary.
When this insurance is
excess, we will have no
duty under Coverage A
or B to defend the lnsured against any "suit"
if any other insurer has
a duty to defend the lnsured against that "suit."
lf no other insurer defends, we will undertake to do so, but we lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) XS (Page 8 of 11)
(bl Any other primary
insurance available
to you covering liability for damages
arising out of the
p remises or operations, or the
product and completed operations,
for which you have
been added as an
insured by attach -
ment of an endorsement.
contribute by limits. Under this method, each
insurer's share is based
on the ratio of its applicable Limit of lns u rance to the total applicable Limits of lns u rance of all insurers. (4) No lnsurance
(a) lf an insured has
any other insurance for "bodily
injury" or "property damage" due to
non-owned aicraft or non-owned watercraft, the
insurance provided
by this policy,
does not apply.
(b) lf a joint venture
or parlnership that
was terminated or
ended prior to this
policy period has
valid and collectible
insurance that was
purchased specifically for that joint
venture or partnership, the insurance Provided by
this policy does
not apply.
b. lf other valid and collectible
insurance is available to the
injured person for a loss we
cover under coverage c of
thrs Coverage Part this insurance is excess over any
other insurance, wh ether
primary or excess. contingenl or on any other basis.
any other insurance that is
not described in lhis Excess
lnsurance provision and was
not bought specifically to
apply in excess of the Limits
of lnsurance shown in the
Declarations page of this
Coverage Part.
3. ltem 6. - Representations is deleted
in its entirety and replaced by the following:
6. Representations
By accepling this policy, you
agree:
a. the statements in lhe Declaralions are accurate and complete;
b. those statements are based
upon representations you
made to us; and
c. we have issued this policy in
reliance upon your representations.
However, if unintentionally you
should fail to disclose all existing
hazards at lhe inception dale of
your policy, we shall not deny
coverage under this Coverage
Part because of such failure.
E. SECTION V - DEFINITIONS
1. ltem 3. is deleted in its entirety and replaced with the following:
3. "Bodily iniury" means bodily injury.
sickness. disease or "incidental medical
malpractice" suslained by a person. including mental anguish or death resulting from any of these at any time.
2. The following definition is added
23."lncidental medical malpractice"
means injury arising out of the negligent rendering or failure to render medical or paramedical services to
persons by any physician, denlist,
nurse, emergency medical technician
or paramedic who is employed by you
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) XS (Page 9 of 11)
We will pay only our share
of the amount of the loss, if
any, that exceeds the total
amounl thal all such other
insurance would pay for the
loss in the absence of this
insurance. We will share the
remaining Ioss, if any, with
to provide such services provided you
are not engaged in the business or
occupation of providing any services
referred to in this definition.
3. ltem 12. - "Mobile Equipment" is amended. ltem f. is deleted in it's entirety and replaced by the following:
12.f. Vehicles not described in a., b.,
c,, or d. above mainlained primarily for purposes other lhan the transportation of persons or cargo.
However, se lf propelled vehicles
with the following types of permanently attached equipment are not "mobile equipment" bul will be
considered "autos":
(l) equipment designed primarily
fo r:
(a) snow removal;
(b) road maintenance, but
not construclion or resurfacing; or
(c) street cleaning;
provided that the vehicles
have a Gross Vehicle Weight
of 1,000 pounds or greateri
(2) cherry pickers and similar
devices mounled on automobile or truck chassis and
used to raise or lower
workers;
{3} air compressors, pumps and
generators including s Pra ying, welding. building clea n - ing, geophysical exploration.
lighting and well servicing
equipment.
4. ltem 14. Personal and Advertising lnjury
is deleted in its entirety and replaced by
the following:
'14. "Personal and Advertising lnlury"
means injury, including conseq uential
"bodily injury," arising out of one or
more of the following offenses:
a. false arrest, detention or imprisonment,
b. malicious p rosecution,
c. the wrongful eviction from,
wrOngful entry into, or invaSiOn
of the right of private occupancy
ol a room. dwelling or premrses
that a person occupies, committed by or on behalf of the its owner landlord or lessor;
d. oral or \,/vritten 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 Services:
e. oral or written publication, in any
manner, o f material lhat violates a
person's rig ht of privacy;
f. the use of another's advertising
idea in your "advertisement";
9. infringing upon another's copyright, trade dress or slogan in your "advertiseme nt. "
h. discrimination or humiliation that
result in injury to lhe feelings or
reputation of a natural person, but
only if such discrimination or humiliation is:
(1) not done intentionally by or
at the darection of:
(2) not directly or indirectly related lo the employment. prospective employment or
termination of employment
of any person or persons by
any insured.
5. The following definition is added
24. "Explosion" means a sudden release
of expanding pressure accompan ied
lncludes copyrighted material of ISO Properties, lnc., wilh its permission CG 82 17 (Ed. 12104) XS (Page 10 of 11)
(al an insured; or
(b) any "executive officer"
director, slockholder,
partner or member of
the lnsured; and
by a noise, a bursting forth of material
and evidence of the scattering of debris to locations further than would have resulted by gravity alone.
Explosion does not include any of the
following:
(a) artificially generated electrical
current including electrical arcing,
thal drsturbs electrical devices,
appliances or wires;
(b) rupture or bursting of water
p ip es;
{c) explosion of steam boilers, steam
pipes, steam engines or sleam
turbines owned or leased by you,
or operated under your control;
or
(d) rupture or bursting caused by
centrifugal force.
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) xS (Page 11 of 11)
Polic)d PAC362404800
(inrxt4"111.-p61,1
INSURANCE GBOUP
301 E {lh Stieol
cincmnati 0n 45?92-1201
5133695000 ph
cG 84 72
(Ed. 01 10)
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section lV - Conditions:
lf the lnsured waives any right of recovery against any person or organization for all or part of any payment, including supplementary payments, we make under this Policy, we also waive that right, provided the lnsured waives such right of recovery against such person or organization in a written contract or written permit executed before the "occurrence," "bodily injury," "property damage," offense, or "personal and advertising injury" thal took place.
This endorsement does not change any other provision of the Policy. cG 84 72 (Ed. 01/10) XS
Pohcy* CAP362404900
cA 04 49 (Ed. 11/16)
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY . OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsemenl.
A. The following is added to the Other lnsurance
Condition in the Business Auto Coverage Form
and the Other lnsurance - Primary And Excess lnsurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek contribulion from any olher insurance available to an "insured" under your policy provided that:
'1. Such "insuled" is a Named lnsured under
such other insurance; and
2. You have agreed in writing in a contract or
agreement lhat ihis insurance would be
primary and would not seek contribution
from any other insurance available to such
"insured".
B. The following is added to the Other lnsurance
Condition in the Auto Dealers Coverage Form
and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from
any other insurance available to an "insured"
under your policy provided that:
l. Such "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 contribution
from any other insurance available to such
"insured".
Olnsurance Services Office, lnc., 2016
cA 04 49 (Ed. 11116) (Page 1 of 1)
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
Policy# CAP362404900
cA 04 44 (Ed. 10 13)
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORI\/
BUSINESS AUTO COVERAGE FORIVI
I\4OTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod if ied by the endorsement.
Schedule
Name(s) of Person(s) or Organization(s)
The Transfer of Rights of Recovery Against Others to Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
Copyright, ISO Properties, lnc., 201 1
cA 04 44 (Ed. 10/'13) (Page 1 of 1)
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations.
ACOVD. CERTIFICATE OF LIABILITY INSURANCE oarE (tat{/oD/YYm 07 t16t2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR}IATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR I{EGATIVELY Ai'ENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES AELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lt lhe ce.tificate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed lf SUBROGATION lS WAIVED, subiect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conter rights to lhe certillcate holder ih lieu of such end
cA 94105
Sm rh & Enright Landscaping. Inc.
540 Work St Ste C
Salinas cA 93901
COVERAGES CERTIFICATE NUMBER REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED. NOTWTHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIEICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO AY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ABOVE FOR THE POLICY PERIOD
POUCYEFF POLICY EXP
s
s
s
5 s
5 s
COUXERC6L 6€NE'iAL LIABIUTY
CLAIM9MAOE OCCUR
GENAAGGREGATE LIMII APPUES PER:
PotlcY iici Loc
COVBINED SINGLE LII\,IIT s
!
t
5 l
AIJTOMOAILE LIABITTTY
SCHEDIJLEO
NON,OWNED
BOOTLY INJURY (Fera@idenr) $
BOOILY INJURY (Pd p.Bo.l $
EXCESS LIAS
OEO RETENTION $
s
s
s
OCCUR -E49!!9cr./EtElqL
A6GREGATE
noRt(ERs corPENs^Tlox
AI{D E{PLOYEiS LABIIITY
ANYPROPRIETORFARINER/EXECUTIVE
OFFICER/MEMBEREXCIUDEO' 10101t2020 10101t2021 ! r,e y sAAwcooool3loo DE
OESCRPfloN OF OPERAIIOT{S / LOCAIO S / VEHrcLES (ACORo 10!, AddidoMl F.n.rt. Sch.dol., dy b. {t clr.d It me.p.@ i. EquiEd} RE: Northeast Maintenance
A waiver of subrogation in favor of The City, its officers, officials. employees, and volunleers apdies to Workeds Compensation
CERTIFICATE HOLOER CANCELLATION
Cily of Salinas
200 Lincoln Ave
Salinas cA 93901
SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION OATE THEREOF. NOTICE WILL BE OELIVERED IN
ACCORDANCE WTTH THE POLICY PROVISIONS,
AUTHORIzEO REPRESENTA'INE --J2-/.,- -_--1
O 1988.201i1AcoRD coRPORAT|oN. All .ights .eserved.
ACORO 25 (2014/01) The ACORD name and logo are regislered marks of ACORD Newfront lnsurance Services, LLC
55 2nd Street
Floor 18
San Francisco
rlrsu"eo
fS[ cr Lupe uancinas
ll8:,i". E,u (41s) 754-3635
!ffit"., lupe.qglgaa s @ne\.!'fro nL com
!!rsuRER(s)a!F!Eq!!gqolERAcE
txsuRER^, Service American lndemnity Co
INSi]RER B:
INSURERC
II{SUiER D ,
INSURER E:
39152
EACHOCCURREI1CE
]'ATAGETORENTED i
PAEUtr€SIE! a!a!aq,6)
I
MEO EXP (Any oc p.l@) I
rtEBsq4 ! 4e!r!!!!r I
GENERAT AGGREGATE
PROoiJCTS - COMP/OP AGG
l
I PRoPERTY DAMAcE
I x i5X-'c u'I* [i-.*^.ro..,** T, l Pooooo
E.!. prsEAsE - E^ EMproyEEi 3 1 '(DO'OOO
E.t- orsEAsE - potrcy LrMIr I r 1,000,000
WORKERS COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY wc 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an anjury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must 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 2.5% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
Blanket Waiver of Subrogation
EndorsernentEffeciive 10-01'2020
lnsured
Smrlh and Enright Landscaping, lnc.(a Corp)
Job Description
As respects to all CA jobs performed by the named
insured during the policy period where by written contract a waiver of subrogation is required prior to the
commencement of work.
This endorsement changes the policy to which il is attached and is effeclive on the dale issued unless otherwise stated (Tho inlormalion below B roqulred only when this ondoBsmont is isausd aubsoquont to preparation ofthe policy,) Countersigned By
01998 by the Workers' Compensation lnsulance Rating Buroau ol California. All rights reserved. wc 04 03 06
Policy No. SAAWC0000133-00 Endorsement No.
lnsurance Company
SeMce American lndemnily Company
PART C _
CITY OF SALINAS FORMS AND MEMORANDUM
DOCUMENTS
1l
INSTRUCTIONS FOR PREPARATION
OF
STATEMENT OF COMPLIANCE
'Ihis statement ofcompliance meets needs of state and lederal payroll requirements to pay fringe benefits in addition to payment of the minimum rates. 'I'he Contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various pre-approved Plans, funds, or programs or by making these payments directly to the employees as part oflheir weekly wage payments.
The Contractor shall show on the face of his or her payroll all monies paid to the employees whether as basic rates or total hourly wage amount in lieu of fringes. The Contractor shall report in the statement of compliance thal he or she is paying to others fringes required by the Contract and not paid directly to the employees in lieu of fringes. Detailed instructions follow:
Contractors who pay all required fringe benefits:
A Contractor who pays fringe benefits to approved Plans, funds, or programs in amounts not less than were determined in the applicable wage decisions shall continue to show on the face of his or her payroll the basic hourly rate and overtime rate paid to his or her employees,just as he or she has always done. Such a Contractor shall check paragraph 4(a) ofthe statement to indicate that he or she is also paying to approved Plans, funds, or programs within the times required for receipt of those sums not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted on Section 4(c).
Contractors who pa-v no fringe benefits:
A Contractor who does not pay fringe benefits to an approved Plan shall pay a like amount to the employee.
This payment can be reported by inserting in the straight time hourly rate column of his or her payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. lnasmuch as it is not necessary to pay time and a half on wages paid in lieu of fringes, the overtime rate shall be not less than one and one-half the basic predetermined rate plus the required cash in lieu offringes at the straight time rate. To simplify computation of overtime, the straight time basic rate and payment in lieu of fringes be separately stated in the hourly rate column, thus S14.56/5.1l. In addition, the Contractor shall check paragraph 4(b) ofthe statement to indicate that he or she is paying fringe benefits directly to his or her employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c), Exceptions:
Any Contractor who is making paymenl to approved Plans, funds, or programs in amounts less than the wage determination requires ifobligated to pay the deficiency directly to the employees as wages in lieu of fringes.
Any exceptions to Section 4(a) and 4(b), whichever the Contractor may check shall be entered in Section 4(c). Enter in the Exception column the craft and enter in the Explanation column the hourly amount paid the employees as wages in lieu offringes and the hourly amount paid to Plans, funds, or programs as fringes. .12
STAIE OF CALIFORNIA. DEPpRIICNT OF TRAIISPORTATIoi!
STATEMENT OF COMPLIANCE
cEl,a2503 (REV 8/96)
(l)
CONTRACTORISUBCONTRACTOR
LAST OAY ANO OATE OF PAY PERIOO
That I pay or superyisc payment to emplo)'ecs of the above-referenced contracto! oo the above-refercnced conttact. All persoos employed on s3id project for the above-refereoced timc period have beeo paid their fuU weckly wages eamcd. that no .ebates have becn or will be made cither dircctl), or indirectl)' to or oo behalf of said cooracto! from the full *cekl1' wagcs eamcd by ary pcrson atrd that no deductions have beco made either directly o. itrdirectly from thc full wages earned b)' arly pcrson other thatr pernissible deductions.
(:t
That any payrolls otherwiss unde! this coDtrol rEquired to bc submittcd for the above pcriod arc correll aDd completer that the wage .ates for laborers or mechaoics coltaincd thercin are nol lcss that thc applicable wages rates:
(a) E Specified i$ the applicable $age dctcrminatior incorporatcd into the conroct; (b)[ Detcrmioed by the Director of lndustrial Relations forthe counq'or cour ies inwhich the $'ork is p€rfomedl that the classificalion sct forth thereio for cach laborcr or mechanic conform \ ith the w'ork he or she perforrncd. (l)
That any applentices employed in t[c above pcriod are duly registered in a booa fidc appretrticeship proglarn rcgistcrcd $rith a State apprcnticeship agency.
(4)
That fringe benefits as listed in the contract:
(a)E Havc bccn or will be paid to the approved plao(s), fund(s). or progran(s) for the bencfit oftisted dnplo).cc(s), except as noted below.
(b)E Hare been paid dilectly to the listed employcc(s), exccpt as noted bclow. (") E s."
"*""ptions
noted below.
DATE
On fpderally-fonded projects, peEDissible deductions are defioed in Regulalion. Part 3 (29 CFR. Sublitle A). issued by rhe Secrctary of t-abor u rerthe Copland Act, as srreoded (48 Sat.9.l8 63 Stst. 108.72 Srate.967:76 Stat 357:40 U. S.C.276c).
Also. the 1l illful falsilicatio[ of !D.v ofthe sbole stltemelts may subject the contmctor or subcontmctor lo civil or crimirlal pmsecution (See Sectio! l0ol of Title l8 and S€ctio[ 231 of Title 3l oftle Ulited St tes Code).
For indlvldu€ls wiin sensory dboulllle3. thls docirmenl B avellebh h sliemsle tormrrs. For lnlonnatlon call (916) 263-201, or Too (9t6) 263-20# orwllo Records did Foms Msnogolrlonl 1120 N Siro€t ll9i89. Sacram€rno. CA 95814. ADA Notice Califomia Dcpartocnt of Tmuportatio[ . Coostnrctioo Manual . July 100.1 1l
I do hereby certiry under pcnalty ofperjury:
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9A-u.\ra9
CITY 0F SALINAS
FRINGE BEN EFIT STATIIM IINT'
CONTRACTOR OR SUBCONTRACTOR (Please Print) CONTRACT NUMBER DATE
DEPARTMENT OF INDUSTRIAL REGISTRATION
NUMBER
CONTRACTORS STATE LICENSE
BOARD NUMBER FEDERAL-AID PROJECT NUMBER
TO: RESIDENT ENGINEER OR DISTRICT LABoR COMPLIANCE OFFICER BUSINESS ADDRESS Labor Compliance uses the following fringe benefits information (shown or referenced on wage rate determinations) paid to or on behalf of employees in various crafts or classifications to check payroll or apply to force account work on the above contract.
COMPLETE AND SUBMIT THIS FORM wlTH THE FIRST CERTIFIED PAYROLL OR WHEN THERE HAVE BEEN CHANGES.
Classification Name and Address of Plan, Fund, or Program Effective Date
Vacation
Health and
Welfare
Vacation
Health and
Welfare
$
$
S
Subsistence and/or Travel Pay
Classification
Pension $
Apprentice or
Training Fees $
Other
Effective Date
Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program Fringe Benefit Hourly Amount Name and Address of Plan, Fund, or Program S
$
S
Subsistence and/or Travel Pay
Classification
Effective Date
$
$
Subsistence and/or Travel Pay
Pension $
Apprentice or
Training Fees $
$
Other
I certify under penalty of perjury ,hat tringe benefib are paid to the approved Plans, Funds, or Programs lisled above.
Fringe Benefit Hourly Amount
Pension $
Apprentice or
Training Fees $
$
$
Vacation
Health and
Welfare
NAME AND TITLE (Please Print)
SIGNATURE BUSINESS TELEPHONE
ADA Notice
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PUBLIC WORKS DEPARTMENT BID PROTEST
City Of Salinas
Flidder's attention is directed to the. "CITY OF SALINAS SPECIAL PROVISIONS SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS", Subsection 2-1.0,1. 'l odav's Date
Project fitle: Bid Opening Dare:
Contractor:
Contact Name
Address
Phone
City:
Chapter l2-39. - Bid prolests ofthe City Code provides: Any Contractor who has submitted a Bid but is not the apparent lowest responsible Bidder on a City Contract may file a protest. The Bid protest shall be filed with the City Clerk within three workins davs ofthe Bid opening. The City Council shall hear the Bid protest prior to adopting a resolution authorizing the Bid award and execution ofthe Contract. In cases where the Contract is not executed by the City pursuant to City Council resolution, the Bid protest shall be heard by the City Council prior to the time the City issues a Notice to Proceed or the appropriate City official executes the contract on behalf ofthe City. The protesting party may prolesl the Bid award for the City's or successful Bidder's failure to comply with the requirements ofthis article, the Bid documents, r.rr any other applicable provision of this Code. The City Council shall sustain a Bid protest only if it finds evidence that award ofthe Bid would violate the Code or other applicable law. The decision ofthe Council shall be final.
The Contractor listed above wishes to protest one or more of the bid processes used to make the determination of the lowest responsible Bidder. The following is a statement that describes the circumstances and the issues under protest. (Additional sheet(s) can be attached as needed.) Please be as specific as possible:
The following is a statement that clearly describes the remedy being recommended by the above Contractor (Additional sheets can be attached as needed.)
Please be as specific as possible:
I certify under penalty ofperjury that the information contained in this form is true and correct, to the best of my knowledge. (Please include this statement on all pages with an authorized signature.) TiAe ot Posiaiod (Pl.6e Print)
Number of Pages (including those attached)
17 State: _ Zip:_
CITY OF SALINAS NOTICE OF POTENTIAL CLAIM
DC-CEM-6201 (RE,V 7/00)
'Io CONl'RACT NUMBER I)A I11
'l hc particular circumstances ofthis potential claim are described in detail as follows The reasons for which I believe additional compensation may be due:
The nature ofthe costs involved and the amount ofthe potential claim are described as follows:
(lfaccurate cost figures are not available, provide an estimate, or describe the types ofexpenses involved) The undersigned originator (Contractor or Subcontractor as appropriate) certifies that the above statements are made in full cognizance of the Califomia False Claims Act, Govemment Code sections 12650-12655.
The undersigned further understands and agrees that this potential claim is to be further considered unless resolved, shall be restated as a claim in response to the States proposed final estimate in accordance with Section 9-1.078 of the Standard Specifications.
SUBCONTRACTOR or CONTRACTOR
(( ift|. One)
(. 1 u th ori.el R.t tus.annn e )
F'or Subcontractor notice of potential claim
This Dotcc ofgotentitl chin is r.lrorl.dt d rnd fo .rded bv PRIMT] CONl'RACTOR
( urhontel Repr$e atit.)
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PART D -
SPECIAL PROVISIONS
50 CITY OF SALINAS
I'TJ I}L IC WOII.KS I)EPAII.TMENT
LANI)SCAPE SERVICES FOR
NORTH/EAST MAINTENANCE DISTRICT
SECTION 1 SPECIFICATIONS
All work to be done under this Contract shall conform to the applicable requirements of the STANDARD SPECIFICATIONS DESIGN STANDARDS AND STANDARD PLANS,2008 Edition, City of Salinas, Public Works Department, herein refened to as the "Standard Specifications". The State Standard Specifications and Standard Plans, May 2006 Editions, herein referred to respectively as "State Standard Specifications" and "State Standard Plans". shall be used.
In the event of conflict between the Specifications and these Special Provisions, the latter shall take precedence over and be used in lieu ofsuch conflicting portions, The listing ofcertain salient sections from the Standard Specifications and these Special Provisions shall not in any way relieve the Contractor ofcomplying with each and every section ofthe Standard Specifications.
Wherever in the Special Provisions, Notice to Bidders, Proposal, Contract. or other Contract documents the follorving terms are used; the intent and meaning shall be interpreted as follows:
State - City of Salinas
Department of Transportation - Cit"v of Salinas
Director - City of Salinas
Division of Highways - Citl of Salinas
Engineer - City Engineer
Local Public Agency - City of Salinas
Owner - Citv of Salinas
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2.1.01 GENERAL
The Bidder shall examine carefully the site of work contemplated, the specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as the condilions to be encountered, as to the character, quality. and scope of work to be performed, the qualities of materials to be furnished, and as to the requiremenls of the proposal, plans, specifications, and the contract.
5l
The Specifications are general information only and are for outlining the limits ofwork and showing the general layout ofthe existing landscape. It shall be the Contraclor's responsibility to verify the amounts of trees, lawn, shrubs, and other items/areas to be maintained. Discrepancies between the plans and items in the field shall be brought to the attention ofthe Engineer. Additional payment for said discrepancies shall not be allowed. l'he Bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," ofthe Standard Specifications and these Special Provisions for the requirements and conditions which he must obserye in the preparations ofthe proposal form and the submission ofthe bid.
Deficiency Notice:
'l'he Contractor is required to correct deficiencies within the time specified by the City of Salinas. If the deficiency is not conected within the time specified by the City, City labor will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of$75.00 per hour for each call-out. Call-out of City forces during off-hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time and a half. [t also should be noted that there is a minimum three-hour charge for labor on any call-out.
Bidder is cautioned to make such independent investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions to be encountered in the performance of the work and with respect to possible local material sources. the quality, and quantity ofmaterial available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements ofthese Special Provisions.
The availability or use of information described within the Provisions in Section 2-1.01 is not to be construed in any way as a waiver ofthe Provisions ofthe first paragaph ofthe State Standard Specification in Section 2- 1.01 ofthese Special Provisions, and the Bidder is cautioned to make such independent investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions to be encountered in the performance ofthe work and with respect to possible local material sources, the quality, and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements ofthese Special Provisions.
No information derived from inspection of records of investigation or compilation thereof made by the City of Salinas or from the City Engineer, or his/her assistants, shall in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms ofthe Contract. 52 2-I.02 EXAMINATION OF SPECIFICATIONS. CONTRACT AND SITE OF WORK The Bidder shall examine carefully the site ofwork contemplated, the Plans and Specifications, and the Proposal and Contract Forms therefore. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character. quality, and scope ofwork to be performed, the quantities of materials to be fumished, and as to the requiremenls of the Proposal, Plans, Specifications, and the Contract.
All questions about the meaning or intent oflhe Contract Documents shall be submitted to the City of Salinas through the project page on the Planel Bids website. Replies will be issued by Addenda electronically on-line through the PlanetBids Vendor Portal website and ONLY to Bidders who are registered Prospective Bidders for this project. Questions received less than l0 calendar days prior to the date ofthe opening ofbids will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will bc without legal effect.
2.1.03 UNSCHEDULED / EXTRA WoRK RATES
Contractor is to furnish the City of Salinas, hourly rates for unscheduled landscape maintenance work, in accordance with the following specifications and provisions.
All unscheduled work shall have prior authorization ofthe City. Unscheduled work is requested on an as- needed basis and the Contractor is not guaranteed all such work in areas where Contractor is currently providing landscape services to the City. The amount oftime each unscheduled job may take is subject to negotiation with lhe City. Rates offered below would be a major determinant in whether unscheduled work will be fumished by the Contractor providing contract services in the same area.
Should unscheduled work not be provided by the Contractor, said Contractor may be required to coordinate with the City and another Contmctor ofthe City's choosing in order to complete unscheduled repairs.
The Inspector may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises. Should such repairs or replacements be necessary as a result ofcontractor's negligence, Contractorwill be responsible for completing such repairs or replacing damaged property at no additional cost to the City.
A. Contractor may not change the regular maintenance schedule or work force to perform unscheduled/extra work unless authorized by the Inspector.
B. In order to be considered for extra work projects both in and outside of their contracted site, the Contractor must maintain their landscape maintenance site in a manner that meets or exceeds City Standards for landscape maintenance. In all cases, the Inspector will detennine standards.
C. Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the Inspector. No work shall commence without a verbal or written estimate.
Within 48 hours of verbal or written authorization from Inspector, Contractor shall submit a written estimate. Should a lane closure be required for unscheduled work, cost of permit and equipment shall be detailed in the estimate.
D. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. No percentage mark-up shall be added to equipment rental fees.
E. All additional work shall commence on the specified date establishcd and Contractor shall proceed diligently to complete said work within the time allotted. All replacements of plant material or irrigation components shall be the same like and kind as what is missing or needed to be replaced, unless authorized by the tnspector. Contractor is required to submit highlighted copies of receipts for materials purchased. Receipts shall be tumed in with contractors invoice for said repair and replacements.
F. Inspector shall authorize verbally or in wriling, any unscheduled work prior to work being done.
Contactor will submit a wdtten quote, detailing materials and labor charges used for extra work. The lnspector will generate a work order, which authorizes the contractor to submit an invoice for work performed.
5.1 2-r.0.1 BIr) I,R()t us'r FEE
Bid protests are limited to "Bidders" as defined in the Contract Documents. Any Bid protest must be submitted in writing to the City Clerk before 5:00 p.m. (as determined by the clock in the City Clerk's Office) within 3 working days after Bid opening.
(a) Any protest ofthe proposed award of Bid to the Bidder deemed the lowest responsible Bidder must be submitted in writing to the City no laler than 5:00 p.m. within 3 working days following the date of the Bid opening. If a Bidder protests more than one Bid, the Bidder shall file a separate protest as to each Bid being protested. complying with this section.
(b) The initial protest document must contain a complete statement ofthe basis for the protest. The protest must refer to the specific portion ofthe document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.
The protest must be signed and submifted under penalty of perjury. (c) The parry filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to the Bidder whose Bid is being protested, as well as to all other parties with a direct financial interest that may be adversely affected by the outcome ofthe protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protesl. Faxed or emailed copies are acceptable, with confirmation ofreceipt by the Bidder or peBon to whom it was sent.
(d) The protestor must have actually submitted a Bid on the project or have been specifically excluded from submitting a Bid due to an action by the Cit-v. A Subcontractor ofa pafy submitting a Bid on this project may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue is own protest.
(e) The City Council shall hear the Bid protest prior to adopting a resolution authorizing the Bid award and execution of the contract. ln cases where the contract is not executed by the City pursuant to City Council Resolution, the Bid protest shall be heard by the City Council prior to the time the Cjty issues a Notice to Proceed or the appropriate City official executes the contract on behalf of the City. The decision of the Council shall be final.
(0 The protestor shall also submit a non-refundable fee of S.!qg!@ per protest via certified check made payable to the City of Salinas to reimburse its costs in reviewing and investigating the Bid protest. Any protest submitted without the fee shall be retumed without further action by the City.
G) Any protest not complying with this section shall be retumed without further action by the City. (h) The procedure and time limits set forth in this paragraph are mandatory, are Bidder's sole, and exclusive remedy in the event of Bid protest. Bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Covernment Code Claim or any legal proceedings.
5.1 SECTION 3 AWARD AND EXT](]UTION OF CoNTIiACT
The Contractor's attention is directed to the Provisions in Section 3, "Award and Execution of Contract", ofthe Standard Specifications and Section 2 the "Proposal Requirements and Conditions", ofthese Special Provisions for the requirements and conditions conceming award and execution oflhe Conlracl.
Certificates of lnsurance shall be furnished by the Contractor and shall be returned with the signed Contract and Contracl bonds within 15 calendar davs after receipt. The Notice to Proceed wilh the work shall not be issued by the City Engineer until all such documents are submitted.
The Contractor shall have l5 calendar davs immediately following award of Contract (not Notice to Proceed) to fumish materials submittals.
ln determining the lowest "responsible" Bidder, consideration shall be given to the general competency of Contractor in regard to the work covered by the Proposal. To this end, each Proposal shall be supported by the "Bidder's Statement ofFinancial Responsibility, Technical Ability, and Experience" on the form(s) found herein.
Failure of the Bidder to provide requested information in a complete and accurate manner shall be considered non-responsive resulting in rejection of the Bid. Additionally. the City of Salinas reserves the right to disquali! or refuse to consider a Proposal if a Bidder is in default for any ofthe following reasons:
a) Lack ofcompetency and adequate machinery, plant and other equipment, as revealed by the documents requested
b) Uncompleted work, which in the judgment of the City Engineer, might hinder or prevent the prompt completion of additional work if awarded
c) Failure to comply with any regulation ofthe City ofSalinas d) Default under previous Contracts
If awarded, this Contract shall be awarded to the responsible Bidder submitting the lowest Bid who meets the financial and technical requirements. The City of Salinas reserves the right to withhold award of Bid for 90 ca!91p2.9!gpfrom the Bid opening date.
SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES
AND TEMPORARY SUSPENSION OF WORK
The Contractor's attention is directed to the provisions ofSection 8, "Prosecution and Progress,", ofthe Standard Specifications and the following provisions:
The Contractor shall begin the work during the first week of. and shall perform the work outlined in these special provisions for the maintenance ofthe area described for a period of ![991991q..1Q!_494.!!g]from said date. This contract may be renewed for two (2) year, provided the Contractor requested. in writing, ![99.1p)494.!!gbefore the expiration date and with the approval ofthe Director of Public Works. 55 SECTION 5 GENI'ItAt,
SECTION SI MISCELLANEOUS
5-I.OI LABORNONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations and the City's Federal Mandated Disadvantage Business Enterprise ("DBE") Program.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in the Provisions in Section 7 l.0lA(4), "Labor Nondiscrimination", ofthe Standard Specifications, which is applicable to all nonexempt State Contracts and Subcontracts, and to the "Standard Califomia Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction Contracts and Subcontracts of$5,000.00 or more.
Furthennore, the p me Contractor or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance ofthis Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as recipient (i.e., the City of Salinas) deems appropriate.
5.I.02 WAGEDETERMINATION
All wage scales shall be in accordance with applicable determinations made by the Director of the Department oflndustrial Relations ("DlR") ofthe State ofCaliforni4 as provided by Article 2. Chapter 1, Division 2, Part 7 ofthe Labor Code ofthe State ofCalifomi4 commencing with Section 1771. In accordance with Section 1773.2 of the said Labor Code, copies of the aforesaid determinations of the Direclor of the DIR are available on the website address http://wurv.dir.ca.eov/OPRL /DPreWaseDetermination.htm They shall apply to the Construction Contract and all Subcontractors thereunder The wage rates determined by the Director of DIR and published in the Department ofTransportation publication entitled General Prevailing Wage Rates refer to expiration dates. Ifthe published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate ofwage shall be in effect for the life ofthis Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration ofthe published wage rate and the predetermined wage rate is on fi1e with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as ifit had been published in said publication. Ifthe predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life ofthis Conlract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date ofthe previous wage rate. Ifthe last ofsuch predetermined wage rates expires during the life ofthis Contract, such wage rate shall apply Io the balance ofthe Contract.
The "Stat€ment ofCompliance" and "Payroll Report" shall be on forms fumished by the City. Reduced copies ofthe -statement ofCompliance" and "Payroll Report" forms are attached in Part "C" ofthese Specifications.
No other forms shall be accepted.
56 Additionalll', all contractors and subcontractors nrust furnish certified pavroll rccords directll- to thc l,ahor Commissioner (aka Division ofLabor Standards Enforcement) on a weekll basis and in the format prescribed by thc DIR, which nray include electronic submission. 5-I.03 ENFORCEMENT OF 1'IIE ('I'I'Y'S LOCAI, IIIITIN(; ORDINAN(-I' REOUIRENI EN'tS
During the term of the contract, the Contractor and all subcontractor(s) shall submil a completed and signed "Local Hiring Residency Compliance Documentation" form with each weekly prevailing wage statemenl as required in the plans and specifications of the project. This form will be reviewed by the Residence Inspector for the City and to be compared to the lisl of employees to assure compliance. lf for any reason the contractor needs to hire additional employees or subcontractors, the Residence Inspector will require an additional "Statement of Good Faith for Local Hire" form be prepared, signed, and submitted along with the weekly report.
5-1.04 DIRREGISTRATION
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 the 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. ll is not a violation of this section 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 orof the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
All Contractors (prime and subs) must possess and maintain such registration with DIR in order to be awarded and to perform work on public work projects. The following is the link to DIR'S Contractor Registration searchable database: httDS://efi line.dir.ca.eov/PW CR/Search.action 5-1.05 SUBCONTRACTING
Per section 5-1.13 of the 2015 Caltrans Standard Specifications, Prime contractor shall perform workequaling at least 30 percent ofthe value ofthe original total bid with your employees and with equipment you own or rent, with or without operators.
l. Experience: The landscape contractor or maintenance subcontractor shall have a full-time employee assigned to the job as foreman for the duration of the contract. He/she shall have a minimum of four (4) years experience in landscape maintenance supervision, with experience or training in turf management, entomology, pest control, soils. fertilizers and plant identification. All tree related work shall be supervised by a Qualified Applicator Certificate holder. All pesticide recommendations shall be made by a Pest Control Advisor.
2. Labor Force: The landscape maintenance labor force shall be thoroughly familiar with, and trained in the work to be accomplished and shall perform the task in a competent, efficient manner acceptable to the City.
57 SECTION A2 QUALITY ASSURANCE
A. Oualifications:
The Contractor must have a full-time employee who can competently work on irrigation systems, including the lesling, rebuilding and/or replacement of valves, controllers and main irrigation line breaks.
It is the Contractor's responsibility, without further direction from the Inspector (except as specified herein), to assure all work is being done per specifications. Contractor shall inspect every site once per day at a minimum, regardless of minimum requiremenls stated on the Maintenance Performance Schedule.
3. The Contractor will be required to have a twenty-four (24) hour emergency phone number where he/she can be reached with no more than fifteen (15) minute delay in call back time. Once notified, contractor shall respond to an emergency within thirty (30) minules. Contractor is further required to have an active email address, to receive any conespondence from the lnspector.
4. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, athletic/turfareas, trees orshrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.
5. Contractor must have office within the City ofSalinas Il. Personal Attire and EquiDment
The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. This includes uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. Blue or red colored uniforms are not acceptable.
2. Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipmenl. The firm name shall be in letters large enough to be easily legible from a distance of one-hundred ( I 00) feet- All contractor trucks and other vehicles shall be uniform in color scheme and paint. All vehicles and equipment shall be in good condition and appearance. All vehicles will display asign onthe vehicle while working on City areas indicatingthe contractor is under contract with the City. 'Ihis sign shall be visible at all times. 58 6. Contractor must provide the following organizational information:
a) Organization Chart inclusive ofexecutives and descending to on-site crew leader. b) Briefdescription ofcompany personnel and training procedures. c) The Contractor shall provide a qualified, English speaking/writing crew leader or supervisor to oversee workforce.
A listing ofguaranteed size of work force byjob classification shall be provided to the City prior to beginning work.
7. PROJECT/SITE CONDITIONS- At the beginning ofthe maintenance period, Ihe City's designated representative and the Contractor shall visit the site and walk it to clarify the scope of work and understand existing project and site conditions. Documentation of the general conditions of all plant materials shall be made to determine which are healthy, damaged, dead or dying. Documentation of the general condition of the irrigation system shall be completed to make sure that faulty electrical valves, controllers and broken or inoperable sprinkler heads are reported.
3. Contractor shall be aware of and shall comply with all City ordinances goveming landscape maintenance work as applicable to individual Iocations being maintained.
4. It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property.
5. Requirements
a) Supervision: The foreman shall directly supervise the work force at all times. Notify City of all changes in supervision.
b) Identification: Provide proper identification at all times for landscape maintenance firm's vehicles and labor force.
C. Public Conrenience and Saf€t!
l. Contractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress ofthe Work, Contractor shall constantly protect and preserve the safety ofthe public.
2. Contractor shall not unnecessarily cause inconvenience to the public during the progress ofthe Work and shall minimize the inconvenience caused by Contractor's operations. Such operations include, but are not limited to, work performed on or adjacent to the Work site, traffic lane and pedestrian closures and deliveries ofmaterial and equipment.
3. If a scheduled service day falls on a Federal, State or City holiday, Contractor must provide scheduled service within two days before or after the holiday.
4. Where public safety is affected, the Contractor shall make immediate equipment repairs or removals oflandscape and irrigation material and shall report such repairs or removals within 24- hours to the Maintenance Operations Manager or designee
5. Safety provisions shall conform to CaI-OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinalces, codes, and regulations in performing the work under this Contract. Where any of these are in conflict, the more stringent requiremenl shall be followed. The Contractor's failure to thoroughly farn iliarize itself with the aforementioned saf'ety provisions shall not relieve it from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program
6. Sisnaee - The Contractor shall fumish and install all safety street signs, cones, and other facililies, which are necessary to expedite the passage of public traffic through or around the work. This is to prevent accidents, damage, or injury to the public, and to give adequate waming to vehicle or pedestrian trafTic or to the public ofany dangerous conditions to be encountered. 59 7. Sound Control Reqgirements - The Contractor shall comply with all local sound control and noise Ievel rules, regulations and ordinances which apply to any work performed pursuant to the Contract.
L,ach intemal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a lype recommended by the manufacturer. No intemal combustion engine shall be operated on the project without said muffler.
SECTION +3 PAYMENT
PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not lalet than Z!!!g!!g!J!g!!-of receipt of each progress payment in accordance with the Provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. 'lhe Z!gk!!!4!ig!!-are applicable unless a longer period is agreed to in writing between the Contractor and the City Engineer. Any delay or postponement of payment over J!-!4g!4g!j!!Lmay take place only for good cause and with the City Engineer prior written approval. Any violation of Section 7108.5 shall subject the violating Conhactor or Subcontractor to the penalties, sanction, and other remedies ofthat Section. Federal law (49CFR26.29) require than any delay or postponement of payment over !@g!941@-1!gy-of receipt of each payment may take place only for good cause and with the agency's prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. This Provision applies to both Contractors and Subcontractors.
PROMPT PAYMENT OF FUNDS WITHHtrLD TO SUBCONTRACTORS
The prime Contractor, or Subcontractor, shall retum all monies withheld in retention from a Subcontractor within 30 calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances ofportions ofthe Contract work by the City of Salinas. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 calendar days may take place only for good cause and with the City Engineer prior written approval. Any violation of this provision shall subject the violating prime Contractor or Subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. This Provision applies to both Contractors and Subcontractors.
SECTION }4 RESPONSIBILITIES AND MAINTAINING TRAFFIC
The Contractor's attention is directed to the Provisions in Section 7- 1 .01G, "Water Pollution", of the Standard Specifications
The Contractor shall comply with the requirements of CAL-OS[[A, the applicable provisions of local, state, and federal regulations goveming the project work.
For Traffic Maintenance, the Contractor's attention is directed to Section 7-1.08, "Public Convenience" and 7-
1.09, "F lagging Costs", of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his,trer responsibility as provided in said Section 7-1.09. Contractor shall provide delineators for traffic safety:
60 Whenever immediate action is required to prevent impending injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not expected to be Iaken, the City may, after reasonable attempts to notiry the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the City. City action or inaclion under such circumstances shall not be construed as relieving the Contractor ofhis/her surety from liability.
The Contractor shall notify the Police, Fire, Traffic, Monterey-Salinas Transit, Engineering Department of j urisdictional agencies involved, affected properly owners and businesses. and news media (radio, TV, newspaper) at least ![!ggp.in advance of any work that will delay traffic. The Contractor shall cooperate with local authorilies relative to handling traific though the area and shall make his/her own arrangements relative to keeping the working area clear ofparked vehicles.
The Contractor shall also be responsible for compliance with additional public safery requirements which may arise during construction. He/she shall exercise special caution against dangerous conditions, and shall provide, install, a d maintain temporary barricades and fencing as may be necessary to protect the public. All construction traffic control devices shall be in place and operational prior to beginning work or different phases throughout the contract. Within the area ofwork barricades, signs, lights, flashers, and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. During any day between 9:00 a.m. and 3:30 p.m., the Contractor may limit traffic to one lane in each direction with approved traffic control measures, unless otherwise directed by the City Engineer.
Within the area of work barricades, signs, lights, flashers and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic. Unless otherwise directed by the City Engineer, lhe Contractor shall maintain pedestrian and two-way vehicular lraffic on the streets at all times.
Closins of anv streets lvill not be allo$ed. Traffic safety devices shall be in good repair at all times Traffic safety devices in need of repair or paint shall be removed immediately from the project on order of the Project Inspector. Upon completion of work, the Contractor shall promptly remove all signs and waming devices.
The Contractor's special attention is directed to Section l0 of the Standard Specifications regarding dust control requirements. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water or other means as necessary during all phases of construction including weekends, holidays, and any other times as necessary. No mud or cement slurry resulting from saw cutting is to be washed into catch basins. Cleanup expenses to the City at job site due to the Contractor's failure to comply with the Provisions in the Standard Specifications and lhese Special Provisions will be charged to the Contractor. The use of water which may result in mud on public streets will not be permitted as substitute for sweeping or other materials. Payment for dust control shall be considered as included in the various pay items and no additional compensation shall be allowed therefore.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulderu, ,including any section closed to public traffic.
Whenever vehicles or equipment are parked within six feet of a traffic lane, the shoulder alea shall be closed with florescent traffic cones or portable delinealors place on a taper in advance of the parked li
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6l
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vehicles or equipment and along lhe roadway at 25-foot intervals to a point not less than 25 feet past the last vehicles or piece ofequipment. A minimum ol9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be place where as direcled by the City Engineer.
All traffic cones used on the project shall conform to the requirements for fluorescent traffic cones in said Section 7-1.092. The top offluorescent traffic cones used in the work during the hours ofdarkness as defined in Division l. Section 280. olthe California Vehicle Code, shall be covered by a 7-inch flexible vinyl reflective cone sleeve. The Provisions in Section 7-1.095, "Flagging Costs", of the Standard Specifications are amended to provide lhat the entire cost of fumishing all flagmen will be borne by the Contractor.
Where work is to be performed on private properties (removal and construction of walks, driveway, etc.), the City Engineer will obtain written permission for right-olcntry from the respective owner prior to performing the work. No work shall be commenced by the Contractor until such permission has been granted and until notified by the City Engineer. The Contractor shall be responsible for any and all property damage and public liability resulting from his/her operation on said private properties.
Unless otherwise directed by the City Engineer, the Contractor shall at all times maintain vehicular and pedestrian access to all properties fronting City streets. The Resident City Engineer shall determine if temporary driveways will be necessary within the limits ofwork during construction. Traffic shall be maintained on one-half of the street at all times. The Contractor's special attention is directed to Section l0 of the Standard Specifications regarding dust control requirements. The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water or other means as necessary during all phases of construction including weekends, holidays, and any other times as necessary.
Cleanup expenses to the City at various job sites due to the Contractor's failure to comply with the Provisions in the Standard Specifications and these Special Provisions will be charged to the Contractor. The use of water which may result in mud on public streets will not be permitted as substitute for sweeping or other materials. Payment for dust control shall be considered as included in the various pay items and no additional compensation shall be allowed therefore.
The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement ofany existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his,/her operations and shall repair or replace such damage at his/her own expense.
No trucks or vehicles of any kind shall be allowed to pass over area unless adequate protection is provided. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind. at the Contractors expense.
Temporary ramps, backfill, or covers for incomplete trenching,/backfill operations shall also be furnished by the Contractor at the end of each day's work for the protection of vehicular and pedestrian traffic.
The Contractor shall be responsible for any damage to the work which occurs before final acceptance.
He/she is to securely cover all openings into the systems and protect all apparatus, equipment, or appliance, both before and after being set in place, to prevent obstructions in the pipes and breakage, misuse, or disfiguremenl ofthe apparatus, equipment, or appliance. Contractor shall be responsible for damage to all existing utilities, whether or not they are indicated on the drawings.
I:
62 SECTION 6 BI,ANK
7-1.01
SECTION 7 MATERIALS
MISCELLANEOUS
7-1.02 GENERAL
All materials required to complete the work under this Contract shall be fumished by the Contractor except when otherwise specified herein. The City shall have lhe right to inspect any material specified herein. The items ordered must be designed to comply with all federal, state, and local safety regulations and./or ordinances.
Equipment supplies or services that fail to comply with the specifications herein as regards to design, material or workmanship are subject to rejection at the option ofthe City. Materials rejected shall be immediately removed from the premises at the Contractor's/vendor's expense.
SECTION 8 BLANK
SECTION 9 DESCRIPTION OF PRO.IECT
The project shall involve the lumishing of all labor, material, equipment, and incidentals to perform the Landscape Maintenance in North East District in accordance with the Plans and these Special Provisions. The maintenance districts are as shown on the location map and described as follows:
SECTION 9-1 SITE DESCRIPIION
NORTH-[AST MAINTENANCE DISTRICT
I . Constitution Boulevard median island and appurtenant strip ofland approximately 30 feet in width fiom face of east and west curb lines including planter walls from East Laurel Drive northerly approximately 10,100 feet to Boronda Road. (Approximately I 3.63 acres)
2. Independence Boulevard median island and appurtenant strip of land approximately 30 feet in width from face of east and west curb lines to Constitution Boulevard northerly approximately 5,700 feet to Boronda Road. (ApproximatelyT.T0 acres)
3. Gabilan Creek right of way approximately 100 feet in width more or less from a line approximately 3,800 feet northerly of East Laurel Drive, thence 9,200 feet more or less northerly to Boronda Road. (Approximately 20.7 Acres)
4. Nantucket Boulevard including appurtenant strip ofland approximately 30 feet in width from face ofnorth and south curb lines 10 and including adjacent planter walls from Independence Boulevard easterly approximately 5,000 feet to Constitution Boulevard. (Approximately 6.75 acres)
5. Boronda Road median island and appurtenant strip of land approximately 30 feet in width from face ofnorth and south curb lines including planter walls from Natividad Road easterly approximately 14,500 feet to Williams Road. (Approximately 19.58 acres)
6. Freedom Parkway median island and appurtenant strip ofland approximately 30 feel in width from face of north and south curb line including planter walls from Constitution Boulevard easterly approximately 6,800 feet to Williams Road and 6 walkways: to Madrone Drive, Palmera Avenue, Chamise Drive, La Cuesta Court, Cachuma Court, and Eagle Drive. (Approximately 9.1 8 acres)
6_l
7. Nogal Drive from a line 800 feet south of Freedom Parkway north approximately 1,400 Iinear feet including appurtenant strip of land approximately 30 feet in width along the east and west curb line to street terminus. (Approximately 1.89 acres)
8. Rider Avenue including appunenant strip of land approximately 30 feet in width along the east and west curb line from a location approximately 1,200 linear feet south of Freedom Parkway northerly approximately 3,700 feet to Boronda Road including appurtenant planter walls. (Approximately 5.0 acres)
9. North Sanborn Road including median island and appurtenant strip ofland approximately 30 feet in width from east and west curb lines including planter walls from Del Monte Avenue northerly approximately 4,900 feet to Boronda Road including 3 walkways; to Eagle Drive, Sage Court, and Rockrose Street. (Approximately 6.62 acres
10. Towt Street from Freedom Parkway westerly approximately 900 linear feet to Mae Avenue including appurtenant strip of land approximately 30 feet in width from curb line ofeast and west side ofroadway including appurtenant planter walls. (Approximately 1.22 acres)
11. Williams Road from a line approximately 1,300 feet south of Freedom Parkway northerly approximately 3,500 linear feet to Boronda Road including median islands, 30-foot side strip of land along west curb line including appurtenanl planter wall, and 4 walkways: to Cougar Drive, Gaviota Drive, Raven Court, and between Mustang Court and Raven Court. (Approximately
2.36 acres)
12. Buckhorn Drive from Tamarak Way easterly approximately 2,000 feet to Falcon Drive appurtenant strip of land approximately 30 feet in width from curb line along south side of roadway including appurtenant planter wal1. (Approximately 1.35 acres)
13. Cul-de'sac Planters (17) at Waterford Circle, Coventry Street, Hyannis Circle, New Salem Drive, New Britain Circle, Burlington Drive, Burlington Circle, Woodbury Circle, Attlebury Circle, Marshfield Circle, Hancock Circle, Suffield Circle, Westfield Circle, Provincetown Circle, Lexington Drive, Canterbury Street, ard Boston Circle. (Ap Open Space includes the storm water detention facility, open space bluffand sloping ground areas including all open space easement areas, which have been landscaped and granted to the City ofSalinas apermanent open space easement. (Approximately 6.08 acres)
14. Open Space includes the storm water detention facility, open space bluffand sloping ground areas including all open space easement areas, which have been landscaped and granted to the CiIy of Salinas a permanent open space easement. (Approximately 6.08 acres)
15. Tower Line right-of-way includes PG&E power line right-of-way from approximately Constitution Boulevard to Boronda Road subsequent to landscaping and granting of open space easement to City ofSalinas over lands for public use. (Approximately 6.19 acres) proximately 0.15 acres)
16. Open Space-between Constitution and the walking path below the apartments and the Professional office building. Nearest the Cal Water Filtration station. Public Easement.
17. Las Casitas/Virginia Rocca Barton School-Area below the homes. Behind the Cal Water treatment area towards Twin creek colfCourse.
18. Twin Creeks Circle-Area from the curb edge to the furthest side of the sidewalk. Median Landscape.
19. Once a Month Mowing-This is a non-paved area along the creek. l5 feet fiom edge ofcurb clear for pedestrians. From corner of Independence and Constitution lowards Lexington Bridge. Second 64 area from Boronda towards Nantucket before the Apartment Complex trail that leads around the Apartment Complex.
SECTION IO ('ONSTIi T I('TI oN I)I.]1'AII,S
SECTION IO.I (;ENERAL
10-1.01 ORDERoFwoRK
All work under this project shall be scheduled, coordinated and executed as necessary to meet the frequency of maintenance listed in the proposal within the constrainls of the project. All operations shall be coordinated to eliminate any possibility of damage, or unnecessary removal, replacements and/or modifications to existing facilities or to facilities constructed under this project.
IO-1.02 LEGAL
The Contractor's attention is direcled to Section 7 ofthe Stale Standard Specifications.
The Contractor shall exercise special caution against dangerous conditions and provide temporary barricades and fencing as may be necessary to protect the public. During construction within the area ofwork, baricades, signs, lights, flashers, and other safety devices shall be used by the Contractor to direct vehicular and pedestrian traffic.
The Contractor's special attention is directed to Section l0 of the State Standard Specifications regarding dust control requirements.
The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement ofany existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his,4ler operations and shall repair or replace such damage at his,4rer own expense. No trucks or vehicles ofany kind shall be allowed to pass over area unless adequate protection is provided. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind, at the Contractor's expense.
Temporary ramps, backfill, or covers for incomplete trenching,/backfill operations shall also be fumished by the Contractor at the end ofeach day's work for the protection ofvehicular and pedestrian traffic.
Unless otherwise directed by the City Engineer, the Contractor shall at all times maintain vehicular and pedestrian access to all properties fronting on City ofSalinas streets. Two-way traflic shall be maintained at all times.
IO.I.OJ INSPECTION AND CONTROL OF WORK
The Contractor's attention is directed to Section 5 ofthe Standard Specifications and Section 5-1.08 ofthe Special Provisions.
65 The Contractor is to be responsible for any damage to the work which occurs before final acceptance. He/she is to securely cover all openings into the systems and protect all apparatus, equipment and appliances, both before and after being set in place, Io prevenl obstructions in the pipes and breakage, misuse or disfigurement of the apparatus, equipment or appliance.
IO-1.0{ ['INAL INSPECTI0N AND CI,T]ANT]I'
At the completion of the work, a final inspection will be made by the City Engineer. The Contractor will be responsible for final cleanup ofthe project area in accordance ofthe Provisions with Section 4-1.02 ofthe State Standard Specifi cations.
l0,l.r)5 \\ ( ) IIK \t.\ \ s ll ll'
All work performed under this Contract shall be ofthe highest quality ofthe trade and the Contractor shall employ only workers who are skilled and thoroughly familiar with the type of improvements proposed. 1O-I.06 PROGRESS SCI{EDT]LE
A progress schedule shall be prepared by the Contractor for this Conlract and shall conform to the Provisions in Section 8-1.04 "Progress Schedule" of the State Standard Specifications and shall be delivered to the City Engineer at the pre-construction meeting. No work shall begin until the Progress Scbedule has been approved by the City Engineer.
IO-1.07 OBSTRUCTIONS
Anention is directed to Section 8- I .10, "Utility and Non-Highway Facilities," and Section I 5, "Existing Highway Facilities", ofthe State Standard Specifications and these Special Provisions.
IO-I.08 UTILITYDETERNIINATION
The Contractor shall coordinate with the utility companies to locate and mark all utility mains and service laterals, including depth within the project area. Contractor shall make full determination ofall underground utilities in order to prevent damage or disruption to lhe existing services during construction. The Contractor shall Dial 8I I to contact the Underground Service Alert ('U.S.A.")' , 48 hours in advance before performing any trenching or excavation work.
Contractor shall adhere to all U.S.A.-North rules and resulations. Contractor shall resDonsible for I)rotectin all utilitl facilities (MH lids }}ater Yalves. sas valv€s. etc.'1.
The Contractor is hereby notified that some utility conflicts, if any, may exist at the start of construction. The Contractor shall be prepared to schedule his/her work around these conflicts. The utility companies have been advised to work in close cooperalion with the Contractor. While the Contractor shall be granted time extensions without penalty for utility delays if such delays impede his/her overall progress, no extra payment will be made for utility delays, except as provided in these Special Provisions. Such time extensions will fumish evidence that his/her overall progress is being delayed. Minor reassignment of work forces or equipment which may be in conflict with utility's work shall not be construed as delay in the Contractor's progress.
Utility company's work, if any, shall be done concurrently with this project and shall include work within the street right-of-way. The Contractor shall schedule and coordinate his/her installations with the utility companies to avoid any conflicts which may impede the overall progress ofthe project. AII removals, installations, and relocations of conflicting underground and above ground utilities shall be executed by the respective utility companies at their expense.
The utilities shown on the Plans are for reference only and are based on utility company records. Known conflicts have been investigated and approximate cover indicated on Plans. if any. 'l he Contractor shall prosecute the work exercising reasonable care not to damage any such facilities. If the Contractor, while performing the work, discovers facilities not identified on the Plans, he/she shall immediatell' notify the utility company and the City Engineer in writingwithin /!!12t9.
'l'he Contractor's attention is directed to the existence of certain underground facilities that may require special precautions to be taken by the Contractor to protect the health, safety and welfare of workers and of the public.
Facilities requiring special precautions include, but are not limited to: natural gas pipelines, underground telephone, cable TV and electric supply system conductors or cables either directly buried or in duct or conduit.
The Contractor shall noti! the City Engineer al leasl ZL@prior to performing any work in the vicinity of such facilities.
Repair ofpipes due to accidental or convenience removals (including equipment conflicts) shall be at the expense ofthe Contractor and no addilional compensation will be allowed. 1O-I.09 EXAMINATION OF SITE
Before submining a Bid, each Bidder shall carefully examine the PIans and Specifications relating hereto. He/she shall also visit the site ofthe proposed work and shall fully inform himself/herselfas to all the existing conditions relating to the construction and related labor so that he/she may fully understand the facilities, difficulties, restrictions attendant on the execution of the work, limitations applying to the work, and he/she shall estimale and include in his/her Bid a sum sulTicient to cover the cost ofall ilems which are required to attain the completed conditions contemplated in the project.
IO-1.10 WATERIN(;
Watering, ifany, shall conform to the Provisions in Section 17, "Watering" ofthe Standard Specifications, except that full compensation for developing waler supply shall be considered as included in the prices paid for the various Contract items of work involving the use of water and no separate payment will be made. Where applicable, City of Salinas Code Chapter 364 Water Conservation will take priority.
IO-I.I I CONSTRUCTION EASEMENTS
Any work to be done on private properties or requiring access through private properties !E!Ug! be done untii the City has acquired easements or right-of-entry from the property owner. Prior to starting such work, the Contractor shall verif with the City Engineer that such authority has been ganted.
The Contraclor will confine his/her operations within the limitations of construction easements or limits as shown on the drawings. Ifthe Contractor's operations result in damage to plantings or any other privately-owned facility outside the Iimitations of the construction easements or public right-of-way, the Contractor shall, at his/her expense, repair such damage or indemniry the owner ofthe damaged property.
Ifthe Contractor negotiates with property owners for use of land for construction operations outside the limits of the construction easements, he/she shall do so at his,4rer own risk and the City will assume no liability for such use ofprivate property. All agreements between the Contractor and private property ownen shall be in writing.
The Contractor shall commence no work outside the construction easements until copies ofsuch agreements are fumished to the City.
t0-r.12 PAYMENTS ANI) RI.]
The Contractor's attention is directed to Section 9-1.06 Partial Payments ofthe Standard Specifications 67 The Contractor shall submit Subcontractor and/or supplier's waiver ofliens as required under Civil Code Article 8122-8138. The waiver shall be "conditional" before payment and "unconditional" after payment on forms set forth in the statute.
As provided in Section 22300 of the Public Contract Code and Section 10263 of the Covernment Code, Contractor may request that any retention to be withheld during the course ofa project is paid to an escrow agent at the Contractor's expense. Should the Contractor make such request, it will be required that an appropriate Escrow Agreement as provided in said government codes be fully executed prior to any payment of retention withheld or to be withheld. The City Engineer or his/her delegate is authorized to execute said Escrow Agreement on behalf ofthe City.
1O-I.13 ARBITRATION
Your atlention is directed to Section 9-1.22 "Arbitration," ofthe Standard Specifications. ln the event ofa dispute as to whether the conditions materially differ or do involve hazardous waste, the Contractor shall continue to proceed with all work to be performed under the Contract and shall retain all rights provided either by Contract or by law which pertain to the resolution of any dispute or protest.
Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not laler than 180 calendar davs alier the date of service in person or by mail on the Contractor ofthe final written decision by the Department ofthe claim. l0-l.r{ NOTICE oF POTENTIAL Q4$4
Section 9-1.04 "Notice ofPotential Claim", ofthe Standard Specifications is amended to read:
Section 9- l .04 Notice of Potenlial Claim - The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City Engineer, including failure or refusal to issue a change order, or for the happening of any eYent, thing, occurrence, or other cause, unless he/she shall have given the City Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be a prerequisite as to matters within the scope ofthe protest Provisions in Section 4-1.03, "Changes", or Section 8- l.06, "Time of Completion", or the notice Provisions in Section 5-l.l16, ''Differing Site Conditions", or Section 8-l.07, "Liquidated Damages", or Section 8-l.l0, "Utility and NonHighway Facilities", nor to any claim which is based on difference in measurements or errors of computalion as to contract quantities.
The written notice of potential claim shall be submitted to the City Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, ifbased on an act or failure to act by the City Engineer, or in all other cases within l5 culendar daw afl.er lhe happening ofthe event, things, occurrence, or other cause, giving rise to the potential claim.
It is the intention ofthis section that differences between the parties arising under and by virtue ofthe Contract are brought to the attention ofthe City Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken' The Contractor hereby agrees that he/she shall have no right to additional compensation for any 6lt
claim that may be based on such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
Should the Contractor, in connection with or subsequent to thc assertion of a potential claim, request inspection and copying ofdocumcnts or records in the possession ofthc City that pertain to the potential claim, Contractor shall make its records ofthe project, as deemed by the City to be pertinent to the potential claim, available to the City for inspection and copying.
Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial ofall or part ofthe claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor. 10-1.15 CLATMS
Submission of a claim, properly certified with all required supporting documentation, and written rejection or denial of all or part of the claim by the City Engineer, is a condition precedent to any action, proceeding, litigation, suitor demand for arbitration by Contractor. The Contractor's attention is directed to Section 9-1.07B "Final Payment and Claims" ofthe Standard Specifications.
Payment for graifiti, if required, shall be bome by the Contractor, and no additional compensation shall be allowed therefore.
I0.I.16 PUBLIC CONTRACTS CODI 9 0{ Pt BLt( woRKS PRO.| }:( T Contract Dispute Procedures
Sections 9204(e) and (g) ofthe Califomia Public Contract Code ("PCC") provides that the text or a summary of PCC 9204, effective January 1, 2017, shall be included in the plans and specifications for any public works projects that may give rise to a claim under this section and that Section 9204 applies to contracts for public works projects entered into on or after January l, 2017. In accordance therewith, City of Salinas hereby provides notice and includes the statutory text:
10-1.17 "9204.
(a) The Legislature finds and declares that it is in the best interests ofthe state and ils citizens to ensure that all conshuction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter l0 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) ofChapter I of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes ofthis section:
( I ) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with retum receipt requested, for one or more ofthe following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity ofmoney or damages arising from work done by, or on behalfof, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type ofcontractor within the meaning ofChapter 9 (commencing with Section 7000) of Division 3 ofthe Business and Professions Code who has entered into a direct contract with a public entity for a public works project-
(3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes ofthe public agency. (B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under thejurisdiction ofthal department. (iii) The Department of Parks and Recreation as to any project under thejurisdiction ofthat department. (iv) The Department ofCorrections and Rehabilitation with respect to any project under itsjurisdiction pursuant to Chapter l1 (commencing with Section 7000) of Title 7 of Part 3 ofthe Penal Code. (v) The Military Department as to any project under thejurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement ofany kind. (5) "subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 ofthe Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (l) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review ofthe claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identirying what portion ofthe claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) lf the public entity needs approval from its goveming body to provide the claimant a written statement identifiing the disputed portion and the undisputed portion ofthe claim, and the governing body does not meet 't0
within the 45 days or within the mutually agreed to extension of time following receipt of a claim scnl by registered mail or certified mail, relum receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the goveming body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Ifthe public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, retum receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement ofthe dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion ofthe claim remains in dispute, the public entity shall provide the claimant a written statement identit/ing the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its wrinen statement. Any disputed portion ofthe claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, wilh the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within l0 business days after the disputed portion ofthe claim has been identified in writing. Ifthe parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed ponion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection ofthe neutral mediator. If mediation is unsuccessful, the parts ofthe claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes oithis section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) LJnless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration ofdisputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the lime periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason ofthe public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements ofthis section, shall not constitute an adverse finding with regard to the merits ofthe claim or the responsibility or qualifications ofthe claimant. (4) Amounts not paid in a timely mamer as required by this section shall bear interest at 7 percent per annum. 71 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalfofa lower tier subcontractor, that the contractor present a claim for work, which was performed by the subcontractor or by a lower tier subcontractor on behalf of lhe subcontractor. The subcontractor requesting that the claim be presented to the public entity shall fumish reasonable documentation to support the claim.
Within 45 days of receipt of this written request, the contractor shall noti! the subcontractor in writing as to whether the contractor presented the claim to the public entity, and if the original contractor did not present the claim, provide the subcontractor with a statement ofthe reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights ganted by this section is void and contrary to public policy, provided, however, that (l) upon receipt ofa claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement ofa civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions ofthis section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1,2017 . (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure ofan awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1,2020, and as ofthat date is repealed, unless a later enacted statute, that is enacted before January l, 2020, deletes or extends that date." IO-I.I8 DUST CONTROL
Dust Control shall be as specified in Section l0 ofthe State Standard Specifications, except as herein modified.
Payment for dust control shall be considered as included in the prices paid for the various Contract items of work as listed in the proposal, and no additional compensation shall be allowed therefore. 10-1.19 RECYCLING AND CLEANUP
Throughout all phases of work including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. Salinas Municipal Code 9-4.1 requires all Construction and Demolition ("C&D") projects within the City to divert at least 50oZ of the C&D debris and 100% of inert materials generated by the project. AII building and demolition projecl contractors must prepare and submit a C&D Waste Reduction and Recycling Plan prior to commencement of project and a final C&D Waste Reduction and Recycling Report to the City Engineer's Office upon completion of the project' Further information can be found in Part E of this document. A copy of the instructions for preparing a C&D Waste Reduction and Recycling Plan can also be obtained from the City of Salinas Permit Cenler (65 W. Alisal Street, Salinas. CA 93901 ).
The Contractor shall also abale dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets rYill not be permitted as a substitute for sweeping or other methods.
72 failure of the Contractor to comply with the City Engineer's clean up orders may result in an order to suspend the work until the condition is corrected No additional com Drnsation I be allowed as a result of such susDenSton.
I0- t.20 'I'tt^I,-FIC ( ()NTROL
IO.I.2I GENIRAL
All work shall be in accordance with Part 6 of the California Manual on Uniform Traffic Control Devices ("California MUTCD"), Contractor Shall maintain two-way traffic at all times, unless flaggers are provided to control traffic.
Contractor shall provide all signs, banicades, markers, striping, delineators, lights, and flaggers as required by the City Engineer.
Attention is directed to the Califomia MUTCD. A current copy of the California MUTCD is available for free download via the California DOT website htto://wwrv.dot.ca.sov/ho/ ffoos/si sntech/m utcdsuoo/ All work shall be in accordance with the Provisions in Section 12, "Construction Area Traffic Control Devices"; Section 7-l.08, "Public Convenience"; Section 7-1.09, "Public Safety"; and Section 4-1.04, "Detours", of the Standa.rd Specifications, the Provisions in Chapter 5, "Traffic Con ols for Highway Construction", of the CalTrans Traffic Manual. Contractor shall maintain two-way traffic at all times, unless flagman is provided to control traffic.
The Contractor's attention is directed to the Provisions in Section 7-l.08, "Public Convenience", ofthe Standard Specifications. The Contractor shall provide all signs, barricades, markers, striping, delineators, lighs, and flagmen as required by lhe City Engineer.
The Contractor's attention is directed to the Provisions in Section 12, "Construction Area Traffic Control Devices", ofthe Standard Specifications. AII signs, lights, baricades, delineators, and other devices used for detouring and traffic control shall conform to the requirements within the Provisions in Section l2-3, "Traffic Devices", of the State Standard Specifications.
l'he Contractor shall submit an Area Sign Plan and Detour PIan per the State Slandard Plans, these Special Provisions. and City of Salinas "Channelization Devices Detail" and "Typical Lane Closure Detail" within Part E ofthe Special Provisions. The City Engineer prior to the beginning of construction shall approve Sign Plan and Detour Plan.
No streets shall be closed to thru tramc, All streets listed in this Contract shall be resurfaced on half street porlions to provide access to thru traffic. No lane closures shall be allowed without an approved Access Plan showing barricading, signing, and necessary detour signing in accordance with the Iatest edition ofthe "Manual of waming Signs, Lights, and Devices for use in Performance of work Upon Highways" as published by the California Department of Transportation. Arterial streets shall not be impacted Monday thru Friday; 7:00-8:30 a.m. and 4:00-6:00 p.m.
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The Contractor's attention is directed to the Provisions in Seclion 7-l.09, "Public Safety", of the Standard Specifications. The Contractor shall provide and inslall all necessary signs, fences, temporary K railings, barricades, Iights, and other devices and take such other protective measures to prevent accidents or damage or injury to the public.
The Contractor shall notiry local authorities (City of Salinas Police and Fire Departments, Monterey-Salinas Transit, City of Salinas, etc.) and news media (radio, TV, and all local newspapers) of his/her intent to begin wotk atleasl 5!gk!!U4!g!!before work is begLln. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his/her own arrangements relative to keeping the working area clear ofparked vehicles.
Payment for all traffic detours and traffic control, including all required temporary construction signs and posts, lights, barricades, delineators, and other devices shall include all labor, materials, tools, equipment, all necessary hardware for signs, and other appurtenances required and shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensalion shall be allowed therefore.
IO-1.22 CHAN(;ESIN'WORK
For work done on a "Time and Materials" basis, the Contractor shall submit all required documents for a specific change within ten (10) calendar days of completing the work.
Outstanding proposals at the end of the project: The Contractor shall submit all outstanding proposals, in the specified format, within ten (10) calendar days of the date established as "Substantial Completion". The City reserves the right to no1 process any proposals rcceived after that date unless specifically agreed in advance. 1O- I.2.] PRT]ST]RVAI'Io\ OF PI{oPERT\'
The Contractors attention is directed to the Provisions in Section 7-l.l l, "Preservation ofProperty", ofthe State Standard Specifications, and these Special Provisions.
Existing trees, shrubs, and other plants, that are not to be removed, and are injured or damaged by reason ofthe Contractor's operations, shall be replaced by the Contractor in accordance with the requirements within the Provisions in Section 20-4.07, "Replacement", ofthe State Standard Specifications.
Damaged or injured plants shall be removed and disposed of outside the City of Salinas right-of-way in accordance with the Provisions in Section 71. l3 of the State Standard Specifications. At the option of the Contractor, removed trees and shrubs may be reduced to chips. The chipped material shall be spread within the highway right-of-way at locations designated by the City Engineer.
Replacement planting of injured or damaged trees, shrubs, and other plants, caused by the Contractor/Staff shall be completed not less than 2!y91f!gg_9!gyonce agreed upon by the Engineer and the Contractor. Replacement trees, shrubs, and other plants shall be watered as necessary to maintain the trees, shrubs, and other plants in a healthy condition.
10- 1.2{ ENV I ROi\.-IlENTAL/POl. l.UTION PIIE\'Ir.-'I Io N REO I.]IRE}T EN'I'S Contractor shall comply with all environmental pollution prevention regulations, ordinances, and statutes that apply to the project and any work performed pursuant to the contract. Salinas City Code Chapter 29-9 states:
"No person shall contribute or cause to be contributed, directly or indirectly, to the city's storm drainage system any pollutant, waslewater or any substance or material which will interfere with the operation or performance of the storm drainage syslem, violate the city's NPDES permit or violate other applicable law or regulations."
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The Contractor shall comply with the City of Salinas NPDES Permit OrderNo. R3-2012-0005 and, if applicable, the State's current Construction Stormwater Ceneral Permit. Projects lhat disturb one or more acres of soil, or disturb less than one acre but are part ofa larger common plan ofdevelopment, are required to obtain coverage under the General Permit for Discharges of Stormwater associated with Construction Activity, Construction Ceneral Permit Order No. 2012-0006-DWQ.
Construction activity subject to the CGP includes clearing, grading, and disturbances to the ground such as stockpiling or excavation, or construction activities associated with Linear Underground/Overhead Projects ("LUPs"). The City of Salinas NPDES permit also has additional requirements applicable to construction projects of any size.
IO-1.25 MOBILIZATION
Mobilization shallconform to the Provisions in Section I l, "Mobilization", ofthe State Standard Specifications.
Payment for mobilization shall be considered as included in the prices paid for the various Contract items of uork as listed in the Proposal no additional compensation shall be allowed therelorc.
SECTION I I I,ANDCAPE MAINI-ENANCI,
SECTION 11-I DEFINITIONS
For the purpose ofthis contract, the following terms and wordings have definitions hereinafter specified:
Hand-Sweeping - Removal of refuse by the use of hand tools including brooms and shovels.
Compensation for Hand-Sweeping shall be considered as included in other items ofwork.
Refuse - All deposits ofdirt. rock, glass, cans, leaves, sticks, papers, or any like materials so designated by the Engineer within the areas to be swept within the terms of this contract and of a size which can be practically removed by mechanical sweeping or hand-sweeping operations.
Engineer - Engineer of Public Works Department. or designated representative(s ), City of Salinas.
City of Salinas BMPs for pesticide, herbicide, and fertilizer application, storage, and disposal, including the following:
Training activities, permits, certifications, and other measures for municipal applicators and distributors;
Integrated pest management measures that rely on non-chemical solutions for all municipal areas;
Eliminating the use of pesticides and fertilizers within 48 hours prior to a likely precipitation event or irrigation. A likely precipitation event is any weather patlem that is forecast to have a 50 percent or greater probability of producing precipitation in the application area; Collection and proper disposal of unused pesticidcs, herbicides, and fertilizers; A standardized protocol for the routine and non-routine application of pesticides, herbicides (including pre-emergents), and fertilizers;
15 Prohibition of storage orapplication of banned or unregistered pesticides; Implementation ofprocedures to encourage the retention and planting ofnative vegetation to reduce water, pesticide, herbicide, and fertilizer needs; Limiting or replacing pesticide use (e.g., manual weed and insect removal); Limiting or eliminating the use of fertilizers. Prohibition fertilizer application within 5 feet of pavement, 25 feet of storm drain inlet, or 50 feet ofa water body; Reducing mowing of grass to allow for greater pollutant attenuation, but not jeopardizing motorist safety;
Storage of pesticides and fertilizers indoors or under cover on paved surfaces or use of secondary containment:
Reduction in the use, storage, and handling ofhazardous materials to reduce the potential for spills;
Regular inspection of storage areas;
Prohibition of use ofpesticides on the CWA section 303(d) list for any water bodies the Permittee's MS4 is tributary to; and
Provide direct supervision by a pesticide applicator, certified in the appropriate category, of municipal employees or contractors applying restricted pesticides.
Contractor shall not use pyrethroid pesticides. Alternate materials should be considered. Utilize BMP's to replace materials/chemicals with more environmentally benign materials or methods (e.g., use mechanical methods rather than herbicides).
A. Weed Control -
(;eneral
l. At the discretion ofthe Engineer, weeds in all lawn areas, planting beds. planted islands, tree wells, shrub wells, parking lots, haffic islands, curb and gutters, sidewalks, and open space shall be removed or killed weekly as the weeds emerge. Weeds shall be mechanically removed (notjust killed) ifthey are larger than 2 inches (5 cm) in height or diameter. Unsightly weeds throughoul the Districts will be mechanically removed or prevented against throughout all districts.
2. All debris resulting from weeding operations shall be removed from the project area on the same day that the weeding operation occurs.
3. Should the Contractor desire to use a chemical weed control prograrn, they shall develop said program and submitin writing tothe Engineer within l5 days ofapproval ofcontract for review and approval. Said program shall be administered in accordance with applicable laws and practices goveming the use ofchemicals. Said program shall be adhered to unless written approval to change such program is granted by the Engineer Weed oils, granular pellets or any other weed control materials shall be used only in strict conformance with Federal, State, County, and local regulations and codes. The materials must be approved by the Engineer. t'6
4. l'he Contractor or the Pest Control Operator of the Contractor must have a valid certification appropriate to the pesticide application undertaken, and all weed control must have a written recommendation prepared by a Certified Pest Control Advisor, as required by the Monterey County Agriculture Commissioner.
-5. Any new or existing plants or soil which, in the opinion of the Engineer, have been damaged by applying or lack of applying weed control materials shall be replaced by the Contractor no later than one ( l) week after notice ofsuch damage at Conhactor's expense.
6. Planter Maintenance: Complete trimming and cultivating of planters and ground cover shall be completed monthly. Weeding shall be performed regularly to avoid establishment ofseedlings.
A ll vegetation shall be sprayed and removed for a distance ofeighteen (18) inches from tree trunls to form tree wells. Any additional weed control in turfareas shall be as needed or as directed by the Maintenance Operations Manager or designee.
Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is considered as part ofcontract.
7. t{andling of Pesticides: Care shall be taken in transferring and mixing of pesticides to prevent contaminating areas outside the target area. Application methods shall be used to which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
8. 'l'iming: Pesticides shall be applied at times, which Iimit the possibility of contamination from climatic or other factors and at the proper life cycle ofthe pests. Early moming application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoffoftreated areas
9. Contractor shall apply spray chemicals when air currents are stilll preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the proj ect.
Ii. Insect and Disease Control
"['he Contractor or the Operator must have a valid certification appropriate to the pesticide application undertaken, and all weed control must have a written recommendation prepared by a Certified Pest Control Advisor as required by the Department of Pesticide Regulation and the Monterel County Agriculture Com m issioner.
2. 'lhe spray materials shall meet all Federal, State, County, and local requirements. The spray materials must be approved by the Engineer.
-.]. Any applications within 500 feet of any school shall not be made within one hour before or one lrour after school hours, as required by applicable pesticide regulations.
4. 'l'he Contractor shall use a dormant spray fungicide that controls anthracnose and other plant diseases as needed.
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5. The Contractor shall use an appropriate insecticide and fungicide spray that prevents or conhols disease and insect infestations.
7. Any new or existing plants or soil which, in the opinion of the Engineer, have been damaged by applying or lack of applying control materials shall be replaced by the Contractor within a week after notice oIsuch damage at his expense.
8. Scheduled spraying shall be applied twice annually to all deciduous trees and shrubs. The first spraying shall be accomplished while trees or shrubs are in full dormancy. The second spray shall be applied just as the buds start to open. Contractor's choice of specific spraying times must be approved by the Engineer.
9. A program for control ofinsects and diseases shall be developed by the Contractor and Submitted with supporting manufacturer's data and submitted in writing to the Engineer within l5 days ofthe approval ofthe contract for the Engineer's review and approval.
10. Pesticides shall be stored, transported and applied only in strict conformance with Federal, State, County, and local regulations and codes. The materials musts be approved by the Engineer in advance of the application.
ll. If spraying cannot be performed for any reason, the contractor shall use tree injections to control infestations according to pesticide label.
12. Inigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without runoff.
13. Contractor shall be responsible to update daily all pesticide, herbicide and fertilization applications to the City's PtlF on-line app.
C. Ground Squirrel. Gopher and Othcr Rodent Damase Control Contractor shall repair all rodent damage. All fresh mounds are to be removed and rodents eradicated within four (4) days by the Contractor in planted areas and seven (7) days in non- planted areas.
All rodent damage done to turf areas shall be leveled out and re-sodded to match existing grade. All damage done to existing plant material by rodents shall be replaced by contractor with new plant material.
Rodent Control{ontractor shall keep all turf and landscaped areas free of gophers by using Macabee gopher traps or other devices approved by the contract manager. Rodenticide use is not allowed.
I). l)ebris, Graffiti and Littcr Rernoyal
A reas:
?8
6. Application of insect and disease control materials shall be within the time besl suited to the eradication ofthe insects and diseases.
2. Debris and litter to be removed shall include but is not limited to all debris generated by the work included in this project, paper, glass, trash, Ieaves, pine needles and all other forms of debris and litter from all sources including those outside the project site.
3. Contractor shall remove "graffiti" or other unsightly markings placed upon visible faces including, but not limited to, cinder block walls, bench seats, picnic tables, inigation/lighting boxes, light poles, tree trunks, sidewalks, and any other surface within the district boundary within the next working day during the term oflhis contract. Graffiti removal shall beconsidered as part of regular maintenance activities and shall not be compensated as additional work.
4. Complete policing; Iitter pickup and supplemental hand sweeping of parking lot comers, street medians, storm drain grates and areas along gutters/curbs inaccessible to power equipment shall be accomplished to ensure a neat appearance.
5. Contractor shall dump all trash receptacles located throughout the Landscape District. This also includes installing plastic bags as needed, contractor supplied.
E. Signs/Imn rol cnrents
Contractor shall not post signs or advertising material upon the site premises unless prior approval is obtained from the Inspector.
Contractor will remove all advertisements and election signs from the work site, including from utility poles and trees, each time site is serviced. Signs shall be stored by contractor until Ci$ staff gives approval for their disposal.
F. Removal of Dead. Damaged. or Diseased Plant Materials Contractor shall remove dead, severely damaged or diseased plant material no laler than seven (7) days after identification. Broken tree limbs or other items that may cause hazrrdous conditions to the public shall be removed immediately.
Cj. Staking and (iuling
1. Newly planted trees shall be kept adequately staked at all times. Ties shall be loosened periodically to prevent girdling. A detailed drawing ofthe staking system to be used is included in Appendix "A", Street Tree Planting Plan.
2. Newly planted trees shall not be left unstaked for more than two (2) working days, unless writtcn permission is granted by the Engineer.
3. Trees that have reached a size and stability so as nol to require staking shall be exempl from these requirements upon the approval ofthe Engineer. Trees under the size ofa standard 5 gallon size for 79 l. All debris and litter shall be removed by the Contractor from all project areas within two (2) days (twice a week) ofdeposit. Debris and litter removal shall be disposed of immediately by Contractor. the variety shall also be exempt from these requirements unless otherwise required by the Engineer.
H. Inc le 0l rnt \\ ert h( r
l. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.
2. The Contractor shall re-stake, re-tie or remove lrees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract.
3. Conlractor shall not work or perform any operations during inclement weather that may desfoy or damage ground cover or turf areas. The Contractor shall contact the Mainlenance Operations Manager or designee for the determination ofnon-operation conditions. ,1. 'l'he Contractor shall immediately notily the Maintenance Operations Manager or designee when the work force has been removed from the job site due to inclement weather or other reasons.
I. Fire I'revention
Contractor shall take all precautionary measures to insure that while working with (power equipment, vehicles, etc.) in weeded or grassy areas they do not start a fire. AII contractor vehicles shall be equipped with fire exlinguishers.
All planted areas shall be watered deeply as weather conditions require to promote normal groMh and insure the health ofthe vegetation therein. Water for the irrigation systems shall be fumished by the City. Water usage shall be in accordance with the City's water conservation Ordinance No. 2123. Lawns at no time shall show a lack of fresh green color or a loss of resilience due to a lack of waterControl walering to prevent runoff and/or erosion, puddling, or over watering. Prevent watering roadways, walkways or private property. Provide adequate coverage of all landscape areas. Match precipitation rates. Limit hazardous conditions. Adjust irrigation as required due to seasonal changes and rain. A current schedule of automatic watering cycles must be provided to the Engineer's representative upon request. Automatic controllers shall be set to operate irrigation systems between 9:00 p.m. and 5:30 a.m., or as directed by the Engineer.
2. Emergency irrigation not conforming to the City's Water Conservation Ordinance will require prior approval by the Engineer prior with notification to the water purveyor of the time, location and reason for the non-conforming irrigation.
3. All irrigation systems shall be tested and inspected and a written report submitted to the City when requested.
80 The City of Salinas shall not be held liable for any fires due to contractor negligence.
J. Irrisation ofPlant Materials
4. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary.
Battery operated controllers will be kept in continuous operating condilion by replacing baneries when necessary at Contractor's expense.
5. All replacements shall be in strict accordance with City of Salinas equipment and installation standard plans, no substitutions will be permitted.
6. Unplug all clogged heads, flush lines free ofrocks, mud and debris
7. Contractor shall maintain all irrigation systems in a manner that shall assure corection or malfunction and allow their use in a manual or automatic condition within trvo (2) working days after identification of malfunction. All valve boxes, valves, vacuum breakers. hydrants, and sprinklers shall be kept clear of debris and vegetation. Contractor is responsible for cost to repair or replace irrigation systems which malfunction due to Contractor's negligence.
8. The payment for the repair and maintenance of the inigation systems shall be considered as included in the monthly price paid for landscape maintenance and no separate payment shall be made therefor. The prices paid shall include full compensation for fumishing all labor, materials, tools. and equipment and doing all work involved as specified. Major irrigation repairs, such as repairing control valves, controllers, vacuum breakers, and backflow preventers, shall not be considered as normal maintenance for the purpose of billing. Contractor shall obtain approval from the City before incuning expenses for major inigation repairs. Contractor may replace any malfunctioning portion of the irrigation system with the same or a substitute type of product or operation with prior consent of the Engineer.
9. Major irrigation repairs, such as replacement of defective remote control valves, major controller repairs, major backflow prevention unit repairs, extensive wiring, repairs to the irrigation mainline, or any other single major irrigation repair project, which necessitates costs for materials in excess of $150, shall not be considered as normal maintenance for the purpose of billing. Contractor shall obtain approval from the Engineer before incurring expenses for major irrigation repairs.
10. In the event of a malfunctioning remote control valve, the Contractor shall be responsible for manual watering by utilizing the use of a water truck or water bubble, hand bleeding remote control valves, setting out additional hoses and sprinklers. and/or hand watering as required to uniformly irrigate affected areas until said valve is repaired.
ll. Controller enclosures shall be maintained by the Contractor at no extra cost to the City. This maintenance shall include rust removal, painting, sealing, or other measures which are intended to preserve the controller enclosure. Any replacement of the controller box necessitated by vandalism or deterioration, after all reasonable efforts have been made by the contractor to preserve the enclosure will be paid for as extra work.
12. Contractor shall keep inigation controllers securely locked at all times when they are not required to be open for programming repairs, or checking the operalion ofthe controllcr.
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13. Controllers shall be checked at least weekly to assure proper operation and programming.
K Water Conservation
Contractor shall, whenever possible, minimize the use of water during maintenance operations.
Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipmenl, except when necessary for the safety of and for the protection of equipment, shall be discouraged. ln no case shall the Contractor use water to rinse or flush chemicals ofany kind from equipment onto the work site and/or dminage or sewage systems.
Drought Impact on Irrigation: The Contractor shall comply with all water use regulations and rest ctions.
In addition, Contractor shall comply with City directed changes in irrigation in response to drought conditions.
L. UndergroundExcavations
Contractor shall be responsible for locating all underground utility lines to insure the safety of hiVher work crew and to protect in place existing utility equipment before commencing any excavation.
Contractor shall contact the Maintenance Operations Manager or designee and Underground Service Alert (l1800-227 -2600) 48 hours before commending any excavation, to locate underground service lines.
The contractor shall provide ten (10) days advance written notice to Engineer of each intended application of fertilizer.
Lawn and All Types of Ground Cover. Commercial fertilizer shall conform to the provisions of Section 20 ofthe City of Salinas, Standard Specifications Design Standards, 2008. Fertiliz-er shall be a complete fertilizer, part if the elements of which are derived from organic sources; and shall have a guaranteed analysis of:
Element Minimum
Nitrogen
Phosphoric Acid
Water Soluble Potash
160/o
6Yo
and shall be applied at such a rate to insure one pound of actual nitrogen per 1,000 square feet ofarea per application or as approved by the Engineer. Turf fertilizer shall be applied a minimum ofthree (3) times during the growing season, two (2) times per growing season for other planted areas to maintain healthy, vigorous growing conditions ofall plants at all times.
L Trees and Shrubs Fertilizer tablets shall be 2l -gram size with a guaranteed analysis of, or a departmentally approved equivalent product:
8l
M. Fertilizing
One tablet for each one-half inch of tree trunk diarneler (tree trunk diameter shall me measured within six inches of the ground line) or three tablets per tree, whichever is greater, inserted up to two feet deep, but not less than 8 inches deep, equidistant round the dripline at the end ofMarch each year.
One tablet for each shrub shall be inserted up to two feet deep, but not less than eight inches deep, near each shub at the end of March ofeach year
N. Tree Work - Shall be considered Extra Work.
Staff - Any personnel engaged in the pruning of City of Salinas urban forest trees must be authorized to do so by the Director or an Urban Forestry designated representative. Prior to pruning please contact the City ofSalinas Parks and Forestry Division. All personnel engaged in pruning operations shall do so under the supervision ofan Intemational Society ofArboriculture (lSA) Certified Arborist. Prior to approval of any tree pruning operation, it shall be the responsibility ofthe Conlractor to provide the City of Salinas with proof of current ISA Arborist Certification for staff engaged in project supervision. Inspeclion of project work will be done by Urban Forestry Division staff members, designated by the Director.
Nitrogen
Phosphoric Acid
Water Soluble Potash
Combined Sulfur
Iron
and shall be applied at the following rate
l. Schedule No tree work shall commence before 7:30 a.m beyond dusk.
20.00\io
10.00%
5.00%
1.60%
0.350A
Crews are prohibited from working
2. Health Maintenance - Removal ofdead, diseased or hazardous limbs.
3. Structural - Pruning to maintain the strength and shape
4. Safety - Prune to prevent wind damage and protect the public or adjacent property. No tree limbs shall protrude into vehicle roadways or streets below fourteen (14) feet from the ground and no tree limbs shall be less than nine (9) feet from the ground overhanging walkway. Clearance shall be as determined by the Engineer in all other areas.
5. General Pruning - No "stubbing" cuts shall be allowed. Any deadwood shall be removed to the poinl of attachment. Final cuts shall be made in such a way as to retain the bark collar without leaving a stub or cutting into the collar. When removing a dead branch, pruning cuts shall be made outside the callus tissue that has begun to form around the branch. All limbs two inches in diameter orover musl be precut to prevent splitting. Ifsplining does occur, the wound shall be traced.
6. Crown Thinning - Pruning to thin crowns of trees shall be undertaken with the purpose of opening a tree lo light, reducing weight on limbs, decreasing the wind sail effect, invigoration ofthe groMh of the tree, and to increase the overall structural stability of the tree. Thinning operations should conform to ISA Standards.
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7. Crown Reduction Crown reduction shall be completed to reduce the overall height and spread of the trees. The goal of this pruning operation is to enhance the structural integrity of the trees designated for the pruning operations. No tree shall have more than 1/3 ofthe canopy removed in this pruning operation without prior approval of the City Engineer or the designated Urban Forestry staff representative. All crown reduction shall be performed in confonnance with the ISA Pruning Standards included as Appendix A.
8. Crown Restoration - Structural integrity shall be enhanced through crown restoration pruning. A natural appearing crown shall be developed through pruning which is done to a lateral to control the tree's growth to wood which is securely attached to healthy wood. It is anticipated that this process is one which requires an initial pruning with additional follow-up prunings to direct and accomplish a complete crown restoration project. All crown reduction shall be performed in conformance with the ISA Pruning Standards.
9. Clearance Pruning - Limbs growing in the direction of adjacent structures shall be pruned to minimize conflict with the structures (i.e. street signs). I-ower limbs, suckers, and hanging foliage shall be raised to approximately Fourteen (14) above the street for traffic clearance, and 9 feet above sidewalks and lawns for pedestrian access. Deviation from clearance height requires approval of the Public Works Engineer or designated Urban Forestry staff representative. Immature specimens may require an adjustmenl appropriate to the individual tree size and stage of growth.
10. Miscellaneous
il Pruning sealant or paint is not required, or allowed, on pruning cuts b. Trees which are infected with a disease shall require removal of all infected limbs to a point in the limb at least 6 inches below the diseased area. Any tree found to be fully infected witha disease shall be inspected by the designated Urban Forestry staff member prior to any pruning which would reduce the siz-e of the infected tree substantially or require removal ofthe tree. c Height Prune to specific height as directed by the Engineer O. Hedgc Trimming
All hedge and ground cover plants growing in the subject areas shall be trimmed and pruned, to maintain plants in a healthy, growing condition and to maintain plant growth, within reasonable bounds as determined by the Engineer, and to maintain uniform height to prevent encroachment of passageways! walks and streets, and to provide adequate view of signs and vision for vehicular traffic. Dead or damaged limbs or branches, trees or shrubs shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning or hedging tools with no projections or stubs remaining. All cuttings, branches, and leaves shall be removed and disposed of before the end of the work day. Traffic signs, cones, etc., shall be used in accordance wilh City Standards.
2. Site Clean-Up
Disposal - All disposal of material generated from the pruning operations is the sole responsibility of lhe Contractor engaged in the operation. This shall include wood, foliage, and other organic material. Dust and dirt shall be kept to a minimum during the pruning process and shall be removed at the end of each day's operations or at the completion of work at individual sites prior to the Contractor leaving the site. No wood shall be left al the site of work it
3.1 unlcss prior approval of the Engineer or designated representative has been obtained. The costs of disposal of all wood and other debris generated by the project is included in the cost of the project costs and shall not be declared as additional costs to the projecl.
3. Signage - The Conlractor shall fumish and install all safety street signs, cones, and other facilities, which are necessary to expedite the passage of public traffic through or around the work. This is to prevent accidents, damage, or injury to the public, and to give adequate waming to vehicle or pedestrian traffic or to the public of any dangerous conditions to be encountered.
4. Sound Control Requirement - The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.
P. Trimming Edging
All lawns shall be trimmed and edged around irrigation systems, fire hydran6, tree wells, shrub basins, along ground cover, and curbs/sidewalks every week from March through October and every month from November through February.
2. Grass shall be trimmed around sprinkler heads as necessary to provide the maximum water coverage ofspray nozzles. Removalofturffrom around sprinkler heads will not be permitted.
3. Damage to sprinklers. headers, irrigation and utility boxes, and other structures shall be avoided. All damage to shall be reported to the Engineer's representative and contractor shall make repairs promptly.
All debris generated by edging shall be removed from the project site by the end of the working day. All trimming and debris shall be raked from all planted and unplanted areas and shall be disposed of off-site by the Contractor. Costs for saJne are to be included in the routine maintenance fee.
4. All ground cover shall be trimmed lo the inside edge of planting areas when ground cover grows three inches outside planting areas.
Contractor shail exercise care not to spray tree hunks with any chemicals or injure the tree trunk with any chemicals or injure the tree trunks with mechanical equipment. Trim lawn edges or tree wells with power edgers or by hand, but in no case will soil sterilents be permitted.
Q. Morving
1. Ground cover plants other than lawns, e.g. ily, hypericum, etc., shall be mowed once each year in the appropriate season to a height oithree inches from ground level.
Ground cover plants shall be edged along curbs and planter edges so that no more than 4" ofgrowth extends beyond the planter areas.
2. Lawn area shall be mowed at 2" height once every week from March through October; once every other week from November tkough February.
85 3. Lawns shall be renovated yearly by aerating and/or verti cutting. This shall be done during the spring. If required for optimum water penetration. repeat as needed. Reseed bare areas as needed.
4. All mowing equipment shall be kept in good repair with cutting surfaces sharpened to ensure a clean and effective cutting ofgrass blades.
5. All mowing equipment shall be free of leaking fluids which would adversely affect the health ofturf or other surfaces within the areas ofresponsibility.
The Contractor shall submit a mowing schedule of days and times for each designated park and landscape site. The Contractor shall maintain the schedule as closely as possible unless a change is authorized or directed by the Maintenance Operations Manager or designee. Should weather or site conditions prove to be prohibitive to the regularly scheduled mowing, Contractor shall contact the Engineer to reschedule the mowing service to a time and date acceptable to the Engineer. The Contractor shall not be compensated for mowing services which have not been provided, either through a regularly scheduled mowing or an acceptable rescheduled dated approved in advance by the Engineer.
ln case of equipment failure Contractor shall noti! the inspector of the failure immedialely and reschedule lhat week's service to be completed within two days of said failure upon approval of Inspector.
Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed from each district and landscape site. The use of mulching mower blades is acceptable as long as large amounts turf clippings are not impeding on normal turfgroMh.
R Hauling
Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removcd at Contractor's cxpensc.
2. If the spillage is of a hazardous substance, such as petroleurn products, or pesticides, Contractor is required to contact the Maintenance Operations Manager or designee immediately and also prevent the substance from running into storm drains.
S. Playgroundinspections
Contractor shall perform daily, weekly and monthly playground inspections:
L Daily-This includes checking for broken glass, graffiti, trash, or other foreign objects. Empty all trash receptacles. Check playground for major hazards. Daily cleaning of barbecue pits including emptying ash pales.
2. Weekly-Playgrounds with loose fill surfacing shall have minimum of l2 inches of fill placed under all swings, slides and major play equipment. Keep play area free of vegetation. (No Pesticides or Herbicides allowed in play area.)
3. Monthly- Check all play structures: Footings (loose, cracked), All moving parts for wear, rust, broken or missing parts (s-hooks, grommets, chains), and vandalism. Check all handrails, floors, steps, fasteners for excessive wear or damage.
4. Contractor shall be responsible to secure broken equipment until replacement or repair is completed.
5. Contraclor shall report any findings immediately to Engineer. ll()
6. Contractor shall supply daily, weekly and monthly inspection reports (checklist) to the City aI lhe end ofeach month for each individual playground. This also includes exercise equipment and horseshoe pits areas.
SECTION IT-2 HAULING
The payment for hauling shall be considered included in the various items of work, and no additional compensation will be allowed therefore.
SECTION 11-3 UNSUITABLE MATERIAL
The excavation and removal of additional unsuitable materials beyond the depths of excavations at site, and additional backfill, if required by the City Engineer, shall be in accordance with Section 19-2.02 of the Standard Specifi cations.
SECTION II-4 PAYMENT
Payment for Excavation shall be as included in the various items of work and shall include: Compaction of native soil, disposal and all other work necessary except unsuitable material to attain the completed conditions contemplated in this project shall be included under the various items of rvork in the Proposal, and no additional compensation shall be allowed therefore. Unsuitable Material shall be paid for under Section l9-2.02 ofthe Standard Specifications. Hauling of excavated materials shall be as included in the Contract price paid for various items of work listed in the Proposal, and no additional compensation shall be allowed therefore.
SECTION I2 TEMPORARY TRAFFIC SIGNAGE
SECTION I2.I GEI\ERAL
All work and materials for signs shall conform to the Provisions in Section 56 ofthe Standard Specifications, these Special Provisions, California 2014 California Manual on Uniform Traffic Control Devices. and as shown on the Plans. The Contractor shall fumish all mounting hardware. Signs shall be constructed of0.080" thick aluminum alloy.
SECTION 12.2 TEMPORARY TRAFFIC STGNS
All temporary traffic signs shall have Diamond Grade 3-M reflective sheeting (or approved equal by the City Engineer). The reflective sheeting shall conform to the Federal Specifications L-5300A.
The Contractor shall remove all temporary traffic signs, hardware, and posts when the work is complete.
SECTIOT* 1.1 lll.,\\K
SECTION I4 (]oNT'I{OI, OF WORK
SECTION I+1 GENERAL
A. Damages to Existing Facilities Plant materials, portions of existing structures or facilities, including inigation systems, which are damaged or altered in any way during the performance of work in this project, shall be immediately repaired or replaced in kind by the Contractor at their 137
B. Emergency Call - Contractor shall respond to emergency calls for matlers covered by this contract immediately without additional cost Io the City. Contractor shall fumish the department with names and phone numbers ofpersonnel available for emergency call-out purposes.
C. Lock and Keys - The Contractor shall be responsible fortheseries of3 keys assigned to it and shall assign these keys to its personnel for me in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued by the City to the Contractor. The Contractor shall report all lost or stolen keys or locks to the City within 24 hours of discovery. The Contractor shall reimburse the City for the total cost ofreplacement keys and./or locks that have been lost.
SECTION I.I.2 PAYMENT OF LANDSCAPI] MAINTINANCE
A. Each month, the Contractor shall submit one invoice for paymenl as described in Section "Progress Payments", of these Special Provisions for payment for all work performed during the previous month. Payment shall be made on receipt of said invoice at the contract unit price per month for landscape maintenance of subject areas. Department pre-approval must be granted prior to work which ultimately shall be billed as separate payment items, except in the case ofemergency repairsIf the invoice submitted by Contractor exceeds the contract unit price per month for landscape maintenance, Contractor shall also submit invoices verifying the purchase of materials, labor, and a clear description of the location of the installation(s), type of work done. and the date ofthe work.
B. The price paid per month for landscape mainlenance at each area shall include full compensation for labor. tools. equipment, and materials for landscape maintenance of each area, including weed control. scheduled spraying for insect and disease control, debris and lifter removal, removal of dead, damaged, or diseased plant materials, staking and guying, irrigation of plant materials, fertilizer, pruning, edging. trimming. mowing, maintenance and repair of the inigation system. The price paid shall not include compensation lor repair of irigation systems when the system malfunctions as a result of Contractor negligence.
At the request of the Engineer, the Contractor shall perform such work or repairs and replacements associated with the maintenance of the arca that is not covered under the basic services under the terms of this contract. Extra services shall be performed according to a quotation submitted by the Contractor, approved by the Engineer, or shall be done on a time and material basis. Compensation for extra work shall be made in accordance with the specified amount approved in this contract. No mark-up for handling fees or other fees beyond the basic labor and materials cost is allowable. The Contractor shall obtain written approval from the Engineer before proceeding with the work. The quotation shall show a complete breakdown of all labor and material costs.
C. Monthly Payments - The Contractor shall submit one invoice for payment in proper form to the City for all work performed during the previous month within five (5) calendar days following the last day of the previous month. The invoice shall list the area maintained and the date of the service with a tolal for all areas maintained during that month. Compensation will not be made for services not provided, as per Section 9 Work Desoiption. If the invoice submitted by the Contractor exceeds the contract unit price per month lor maintenance services, the Contractor shall also submit proof of' approval to proceed from Engineer along with invoices of the location and scope of the services expense and in a manner approved by lhe Engineer.
provided. 'l'he invoice shall indicate the areas in which work was performed. the dates uponwhich work was done, and the type of service provided. Work resulting in separate and additional billing requires prior departmental approval before incurring costs D. lnvoices for payments shall be submitted to:
City of Salinas, Attn: Maintenance Manager
Public Works Department
426 Work Street
Salinas, CA 93901
Invoice shall be received within five (5) calendar days following the last day ofthe previous month.
E. After completion ofthe term ofthis contract and ofall work called for under the contracl and the value thereof, the City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions ofthe contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
The final payment shall be in no way construed as an acceptance of any defective work. The Contractor agrees that the tender of the final payment by the City and acceptance thereof by the Contractor shall release the City, the Goveming Body, the Engineer, and all other officers and employees ofthe City from any and all claims for liability or further payment on account ofwork done under the contract or alterations, additions, or reductions thereof.
SEC'I'IoN I.I-3 S(-IIEDULE 0F WoRK
A. Schedule of Work The Contractor's schedule for carrying out the work as specified shall be submitted to the Engineer for review and approval prior to the award ofthe contracl by the City. The schedule shall include the time, days, and areas to be maintained.
B. The Progress and Standard of Quality of Work - The progress and standard of quality of work to be accomplished under this contract shall be of high quality. ln the event of unsatisfactory maintenance as determined by the Engineer, Engineer shall require Contractor to correct the unsatisfactory work at no additional cost to the City for expenditures incurred in making the correction.
14.3.01 WORK SCHEDULE
I . The Contractor shall deliver to the City a complete landscape mainlenance weekly work schedule along with the size ofwork crew and equipment summary sheet, prior to start of the maintenance contract.
2. The City retains the right to have certain work sites maintained on certain days.
3. Contractor is expected to have the same maintenance work crew assigned to its work sites at all times on a continuous basis.
4. Contractor at no time shall leave a work site to complete another sections project, without having completed the work assignment for that day.
It9
5. No blowing in residential areas beforc 8:00 am
SECTION 14-4 INSPECTIONS
A. Inspections - Monthly inspections of the project site shall be scheduled by the City's authorized representative. This site inspection shall require that both the Contractor and City representative review the progress and satisfaction ofthe work product and to plan any work necessary to meet the landscape maintenance. Deficiencies noted during inspections shall be fixed as soon as possible, but in no case will the same deficiency be tolerated on the next monthly inspection.
B. Should the Contraclor fail to correct maintenance deficiencies within the first month ofobservation by the designated City staffproject inspector, a payment reduction ofan amount up to 2506 ofthe tolal monthly maintenance fee may be withheld. In the event the Contractor fails to conect said deficiencies within the next month's billing period, the City may then retain an additional amount, up to 35oZ ofthat month's regular maintenance fee. Failure to correct deficiencies may result in termination of this conlract.
C. Deficiency Notice The Contractor is required to correct deficiencies within the time specified by the City ofSalinas. Ifthe deficiency is not corrected within the time specified by the City, City labor will be called out to complete the work. Such work shall be done on a force account basis with an additional call out charge of$75.00 per hour for each call-out. Call-out of City forces during offhours, resulting from improper programming of sprinkler controllers, will be charged 10 the Contractor at time and a half. It also should be noted that there is a minimum two-hour charge for labor on any call-out.
SECTION I5 NlEASTIRf,NIEN'T AND PAY]VIENT
Payment for all labor, materials, tools, equipment and other appurtenances required for the proper, substantial and complete-in-place project construction for LANDSCAPE SERVICES FOR THE NORTH/EAST MAINTENANCE DISTRICT, as shown on the Plan and/or outlined in these Special Provisions.
Except for authorized changes in the work, payment for said complete-in-place finished work or improvement shall be made only on the basis of the Contract item of work listed in the Proposal. The various Contract item prices paid for the work required, for LANDSCAPE SERVICES FOR THE NORTTVEAST MAINTENANCE DISTRICT, complete-in-place, including full compensation for fumishing all labor, materials, tools, equipment and incidentals, for doing all the work involved in removing and disposal of various items of materials, provided for in these Specifications and Contract, or required for the proper completion of the work as a whole, for which no separate payment has been provided shall be a supplementary obligation for the Contractor and payment therefore shall be considered included in the price paid for the Contract item ofwork listed in the Proposal.
Reference Section 9- l .06 (page 9- I I ) of the Standard Specifications. Delete the last paragraph on page 9- I I and continuing first paragraph on page 9- l2 and substitute the following:
The Contractor shall submit Subcontractor and/or suppliers waiver ofliens as required under Civil Code Article 8122-8138. The waiver shall be "conditional" before payment and "unconditional" after payment on forms set forth in the statute.
The Contractor shall submit the progress payment pay application to the Engineer for review and approval.
The Engineer shall review it within seven (7) calendar days ofreceipt. The Engineer shall either deny and retum 90 the progress payment pay application to the Contractor for correction, or recommend approval and forward it to the Agency for processing. The required attachments to the monthly progress payment pay application shall include:
A. Certified Payroll Reports: All current payroll reports and statement ofcompliance for the Contractors and all subcontractors (to be completed through the date ofpay application).
Daily Reports: All current Daily Reports for the Contractor and all subcontractors and owner operators. Daily reports shall contain the name, classification and detailed task listing of all personnel and equipment, including all subcontractors and owner operators (to be completed through the date ofpay application).
B. Quantity Calculations: Certified quantity calculations to justify all pay quantities and amount requested.
C. Monthly Schedule: The contractor shall submit an updated, revised construction schedule to the Engineer with each pay application.
D. Unconditional Waiver of Lien Releases: The contractor shall submit Subcontractor and,/or supplier's waiver of liens as required under Civil Code Article 8122-8138. The waiver shall be "conditional" before payment and "unconditional" after payment on forms set forth in the stalute.
Failure to provide any ofthe documents as listed above will result in the Engineer returning the monthly pay application to the Contractor with no action.
Payment for all labor, materials, tools, equipment, and other appurtenances required for the proper, substantial and complete-in-place for the project as shown on or outlined in these Special Provisions. 9l
PART E -
CONSTRUCTION SITE BEST MANAGEMENT PRACTICES,
CONSTRUCTION AND DEMOLITION DIVERSION
REQUIREMENTS, EROSION AND SEDIMENT CONTROL
PLAN REQUIREMENTS AND OTHER MISCELLANEOUS
INFORMATION
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DETAIL B
City of Salinas
Permit Center
65 West Alisal St., Suite 101
Salinas, California 93901
(831) 7s8-72s1
SALINAS
Safe Environmental Habits and Procedures for:
General Contractors
Construction inspectors
Home Builders
Developers
Masons and Bricklayers
Sidewalk Construction Crews
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Water Pollution Prevention lt's Up to Us:
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Stormwater Best Manaqement Practices (BMPsl:
General Construction and Site Supervision
Only "stormwater" is allowed in our storm drain system. This pamphlet tells you how to prevent waterway pollution from "Stormwate/'or "urban runoff."
Rain, industrial and household water mixed with urban pollutants creates Stormwater pollution. The pollutants include: oil and other automotive fluids, paint and construction debris, yard and pet wastes, pesticides and litter.
Urban runoff pollution flows through the storm drain to the Salinas River and the Reclamation Ditch that takes water and debris straight from Salinas streets to the Monterey Bay Marine Sanctuary. Each day, polluted urban runoff enters our rivers untreated, leaving toxic chemicals and trash to be carried downstream.
Urban runoff pollution contaminates our rivers, and ditches, harms aquatic life and increases the risk of flooding by clogging gutters and catch basins.
Utilizing Best Management Practices (BMPs) will ensure cleaner receiving waters and a cleaner City.
REMEMBER: ONLY RAIN DOWN THE DRAIN!!!!!
General Construction Problems
Construction sites are common sources of urban runoff pollution. Materials and wastes blown or washed into a street, gutter or storm drain flow directly to the ocean.
Sediment is the most common pollutant washed from work sites, creating multiple problems once it enters the ocean. Sediment clogs the gills of fish, blocks light transmission and increases ocean water temperature, all of which both fish and people depend on.
Sediment also carries with it other work site pollutants such as pesticides, cleaning solvents, cement wash, asphalt and car fluids like motor oil, grease and fuel. Thus, poorly maintained vehicles and heavy equipment leaking fueland oil on the construction site also contribute to ocean pollution.
As a Contractor, site supervisor, owner or operator of a site, you may be held responsible for the environmental damage caused by your 5ubcontractors or employees.
Solutions
Best Management Practices that include the proper handling, storage and disposal of materials can prevent pollutants from entering the storm drain system.
General Business Practices
r' Keep pollutants offexposed surfaces. Place trash cans and recycling receptacles around the site. r' Cover and maintain dumpsters. Check frequently for leaks. Place dumpsters u nder a roof or cover with tarps or plastic sheeting. Never clean a dumpster by hosing it down on-site! r' Keep materials out of therain. Cover exposed pilesof soil or construction materials with plastic sheeting or temporary roofs.
v Designate one area for auto parking, vehicle refueling and routine equipment maintenance. The designated area should be well away from gutters or drains. Make all major repairs off-site. r' Make sure portable toilets are in tood working order. Check frequently for leaks. r' Use as little water as possible for dust control.
Cleanins Up
1. Clean up leaks, drips, and other spills immediately. This will prevent contaminated soil or residue on paved surfaces.
2. Never hose down "dirty'' pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible.
95 An erosion control program, worked out before construction begins, prevents or minimizes most erosion and sedimentation problems.
:l Train your employees and Subcontractors. Make these pamphlets available to everyone working on site. lnform Subcontractors about their own responsibilities. l schedule excavation and grading activities for dry weather periods.
J control surface runoff to reduce erosion, especially during excavation. Use drainage ditches to divert water flow.
r Prevent erosion by planting fast - growing annual and perennial grasses. These will shield and bind the soil.
a Do not remove trees or shrubs unnecessarily. They help decrease erosion.
Handline Materials and Wastes
Practice Source Reduction - minimize waste when ordering materials. Order only the amounts needed to complete the job.
Use recycled and recyclable materials whenever possible.
Never bury waste materials or leave them in the street.
Dispose of all waste properly. Many construction materials, including solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and cleared vegetation can be recycled.
Non-recyclable materials must be taken to an appropriate landfill or disposed of as hazardous waste. For disposal information, call the numbers listed in this pamphlet.
Disposal Options
Use a crushing company to recycle concrete, asphalt and porcelain rather than taking them to the landfill.
Call:
Recycling and Hazardous waste Disposal:
5un Street Transfer Station
Salinas Valley Solid Waste Authority
(831) 424-ss20
L39 Sun Street
Salinas,93901
To Report a Spill, llletal Dumping or a Clotted Storm orain call:
(831) 7s8-7233
96 Adva@
City of Salinas
Department of Public Worl(s Maintenance Division
For more information about storm drain protection or additional oamphlets, call:
(831) 7s8-7233
City of Salinas
Department of Public Works Maintenance Division
This is one in a series of pamphlets describing storm drain protection measures.
Other pamphlets include:
o
o
o
o
o
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Automotive Maintenance and Car Care
Equipment Rentals
Fresh Concrete and Mortar Application
Heavy Equipment and Earthmoving Activities
Landscaping, GardeninB, and Pest Control
Mobile washers and Cleaners
Roadwork and Paving
97 CONTRACTORS: Save
Time and $ on Your
Next Job...
V
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Sun Strcct Trrnfcr
Strdon
139 Sun St
Salinas. CA 91901
Ptpnc: 8ll-//5-3000
Fa* 831-755-1122
E-rneil [email protected]
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REDUCE, REUSE & RECYCLE!
Ask the local waste hauler. Republic Services how to save by separetin8 recyclables, or if self-hauling, bring the following source-separated materials to Sun St Transfer Station in the heart of Salinas for e discounted nte:
= Yard waste
=r Wood waste
= Mixed Construction :nd Demoliti,on materials
- Clean Concrete and asphalt (widr or widrout rebar)'
For prlcint .nd querdont plcasc cdl:
Republic Services: (831) 775-38'O
Sun St Trrnsfer Station: (831) 775-3m
Rccyclc Cerdboard, Paper, l.letal .nd Pl$tics tor
FREE!
'tdt!. d.ar boA (, frto, gt{!r) of @tscE otd GplEi r'xd b. rd.i to tia Jdrts,r C-oqoI [,,dfl, de d @18.d.,' d fd .nd? ifutdrn
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DISCLAIiaER: A li..ns. st.tus.h.* providcs intomation lak€n ftoln the CSLB llcensE d.tab.3e. B.fone r.lylng or thls lnfonn.tlon, you .hould be .w.rc o, th. fouowlng llmltations. ' csls @nBlhtd.rroe'.lta,id.d byrru(4t rr! il rlnhatitn *q.d 6 puuk -rplrd dtdolE.rldo hrtha sr.!*x b.h h.m€ ''r..'rio..C[.r\, 6.d.liniridoldlddbL..r,6
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8!5ine$ Pion! Number(83l) 758{756
Entity Corpo.ation
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OContractor's License Detail for License # 1009392
DISCIAIMER: A li(ense stetus check provlde5 intormationtaken from th€ CSLB ti(€ns. databa.e. Beto.e relyingon thi5 informatlon,you should b€ aw.reofth€ following linit.tions. ) csts(ompl.imdi(oru4irrdnd.d bylrw(r '.r .! Ithn.iiry6subjdtoFrblk.omphinid'<Loiur.ddoilntlh kiLr,ppe, b.l@,.' mo,. ,iro,mdioi CrL.k lorrd.riiitioiordildorb(.dion..
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Data currentas of 6/2/2021 3:5r:59 PM
SILVINO SANCHEZ LAN DS(IPING
PO BOXr43
SEAS|DE, C493955
6u3in.ss rhone NumbsdS3I) 521-l?82
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Copyraght O 2021. State ofCalifornia
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OContractor's License Detail for License # 903795
OISCL IMER: A licn rG status <he<k provid€r information taken fromth€ C5LB li(ense d.tab.3.. B.for. relying on thir informatio n, you 5hould be a warG ot rhe following lim itations. b,l.y Lg 7u. 61 l, dttr ..d'y tr abi
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Data cu rrent as of 7/20/2021 12:39:51PM
HEi'I S LANOSCAPINC ANDCONCRET€ INC
sALrNAS,CA9t907
3usine55 Phon. N!nber:{33r1 59.{-6I32
Entity corpohtio.
l.!.Drt o9;2r/20o7
e.ir!.Orl. 07/31/2015
arpir. D.t orj3l/202!
Bilsrness lnformaton
Lrcense Status
Classfficatons
Bondrng lnforinalrol
WoAers Compensalion
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Atl i.fcm.ti.n 5.lor ri.ut, 5. cvi.w.n.
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This li6* h.s wA.6 @mp.nsrion i.3u6newirhU.PR€FERREo PROFES9OiAL NSUR IICE COMPANY P.li., i!6b6ON101600r
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Copyright O 2021 State of California
Aa.essibility AccessibilityCertification
no'"
EB. coNTRAcroRs SIATE LrcENsE "oo*o @
California Secretary of State
Electronic Filing
Corporation - Statement of lnformation No Change
Secretary of State
State of California
FILED
Entity Name: SMITH & ENRIGHT LANDSCAPING, INC,
Entity (File) Number:
File Date:
Entity Type:
Jurisdiction:
Document lD:
c2060437
o910912020
Corporation
CALIFORNIA
GJ34667
There has been no change in any of the information contained in the previous complete Statement of lnformation filed with the California Secretary of State.
By signing this document, I certify that the information is true and conect and that I am authorized by California law to sign.
Use bizfile.sos.ca.gov for online tilings, searches, bus,ness records, and resources.
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Electronicsignature: SelenaHerrin
California Secretary of State
Electronic Filing
Corporation - Statement of lnformation
Secretary of State
State of California
FILED
Entity Name:
Entity (File) Number:
File Date:
Entity Type:
Jurisdiction:
Document lD:
HEIVI'S LANDSCAPING AND
CONCRETE INC.
Detailed Filing lnformation
1 . Entity Name: HEIVI'S LANDSCAPING AND
CONCRETE INC,
2. Business Addresses:
a. Street Address of Principal
offlce in Califomia: 446 Boronda Road
Salinas , California 93907
United States of America
446 Boronda Road
Salinas , California 93907
United States of America
c. Street Address of Principal
Executive Office: 446 Boronda Road
Salinas , California 93907
United States of America 3. Officers:
a. Chief Executive Officer: lsidro Hernandez
446 Boronda Road
Salinas , California 93907
United States of America b secretary: Juana Hernandez
446 Boronda Road
Salinas , California 93907
United States of America
Use bizfile.sos.ca.gov tor online filings, searches, bus,ness records, and resources c3766798
05t17t2021
Corporation
CALIFORNIA
GT34455
b. Mailing Address:
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Electronic Filing
Officers (cont'd):
c. Chief Financial Officer:
4. Director:
Number of Vacancies on the Board of
Directorsl
Marisa Marie Hernandez
446 Boronda Road
Salinas , California 93907
United States of America
lsidro Hernandez
446 Boronda Road
Salinas , California 93907
United States of America
0 5. Agent for Service of Process Marisa Marie Hernandez 446 Boronda Road
Salinas, California 93907
United States of America
6. Landscaping and Concrete Type of Business:
By signing this document, I certify that the information is true and correct and that lam authorized by California law to sign.
Electronic Signature: lsid ro Hernandez
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City of Salinas
Business License
19 26 CONTRACTORS
License Section Business Name and Address
30 Jun 2022
Expiration Date
Smith & Enright Landscaping
540 WORK ST C
SALINAS, CA 93901
License Number
07666
This license evidences that the person(s), firm, or corporation named herein has paid the applicable Fee required by the Salinas City Code through the date indicated above. Under provisions of Chapter 19-3 of the Salinas City Code, issuance of this license shall not be construed as compliance with other City Ordinances, State Law. or Federal Laws.
DISPLAY IN A CONSPICUOUS PLACE THIS LICENSE IS NOT TRANSFERABLE Smith & Enright Landscaping Type of Business
Specialty Contractor
540 Work St #C
Salinas, CA 93901
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*
Gity of Salinas
Business License
30 Jun2022
Expiration Date
Silvino Sanchez Landscaping
328 Roberts AVE
Seaside, CA 93955
License Number
FtNBL2l-00148
This license evidences thal the person(s), firm, or corporation named heroin has paid the applicable lee required by the Salinas City Code through the date indicated above. Under provisions of Chapter 1$'3 of the Salinas City Code, issuance ot this license shall not be mnstrued as compliance with other City Ordinances, State Law, or Faderal Laws.
DISPLAY IN A CONSPICUOUS PLACE THIS LICENSE IS NOT TRANSFERABLE Silvino Sanchez Landscaping
Silvino Sanchez
PO BOX 143
Seaside, CA 93955
Type of Business
SPECIALTY CONTRACTOR
* *
I
IFO
19 26 CONTRACTORS
License Section Business Name and Address
7777rtr\rt
-..\:
Gity of Salinas
Business License
19 26 CONTRACTORS 30 Jun2022
License Section Business Name and Address Expiration Date Hemi's Landscaping & Goncrete lnc
446 BORONDA RD (COUNTY)
SALINAS, CA 93907
License Number
63684
This license evidonces that the person(s), firm, or corporation named hsrein has paid the applicable fee required by the Salinas City fue through the date indicated above. Under provisions ot Chapter 19-3 ot the Salinas City Code, issuance of this license shall not be construed as compliance with other City Ordinances, Stat€ Law, or Federal Lavvs.
DISPLAY IN A CONSPICUOUS PLACE
Hemi's Landscaping & Concrete lnc
lsidiro Hemandez
446 Boronda Rd
Salinas, CA 93907
Type of Business
Specialty Contractor
* *
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THIS LICENSE IS NOT TRANSFERABLE
Great American lnsurance Company
AMB #: 002213 NAlc #: 16691
Domiciliary Address
301 E. Fourth Street
Cincinnati, Ohio 45202
United States
FEIN #: 310501234
Web: www.greatamericaninsurancegroup.com
Phone: 513-369-5000
Fax: 513-369-3873
AM Best Rating Unit: AMB #: 005990 - Great American lnsurance Companies Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations.
View additional news, reports and products for this company Based on AlVl Best's analysis, 058317 - American Financial Group, lnc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure.
Best's Credit Ratings
Financial Strength View Deflnition
Rating (Rating Category): A+ (Superior)
Outlook (or lmplication): Stable
Action: Afflrmed
Effective Date: October 28, 2020
lnitial Rating Date: September 30, '1908
Long-Term lssuer Credit View Definition
Rating (Rating Category): aa- (Superior)
Outlook (or lmplication):
Action:
Effective Date:
ln itial Rating Date:
Stable
Affirmed
October 28, 2020
June 17,2005
Financial Size Category View Definition
Financial Size Category: XV ($2 Billion or greater)
u Denotes Under Review Best's Rating
Best's Credit Rating Analyst
Rating Office: A.[,4. Best Rating Services, lnc.
Associate Director : Erik Miller
Director: Jennifer fVlarshall, CPCU, ARM
Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event.
Disclosure lnformation
Disclosure lnformation Form
View AIr,4 Best's Rating Disclosure Form
Press Release
AM Best Affirms Credit Ratings of American Financial Group, lnc.; Upgrades Ratings of Key Life and Workers' Comp Entities
October 28, 2020
Atr,l Best has provided ratings & analysis on this company since 1908.
Financial Strength Rating
Effective Date
1012812020
9t1112019
Rating
A+
A+
Rating History
8t17 t2018
811112017
5t12t2016
Effective Date
1012812020
911112019
8t17t2018
8t11t2017
5t12t2016
A+
A+
A+
Long-Term lssuer Credit Rating
Rating
aaaaaaaaaaRelated Financial and Analytical Data
AMB # Company Name Company Description
005990 Great American lnsurance
Companies (SG)
Rating Unit
Represents the AM Best Consolidated financials for the
Property/Casualty business of this legal entity.
087045 Great American lnsurance
Company CAB
Represents the Property/Casualty flnancials for the Canada Branch of this legal entity.
094364 Great American lnsurance
Company (SGB)
Represents the Property/Casualty financials for the Singapore Branch of this legal entity.
Best's Credit & Financial Reports
Best's Credit Report - financial data included in Best's Credit Report reflects lhe data used in determining f. the current credit rating(s) for AM Best Rating Unit: AIvl B #: 005990 - Great American lnsurance Companies.
l- Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report Best's Financial Report - financial data included in Best's Financial Report reflects the most current data r available to AM Best, including updated flnancial exhibits and additional company information, and is available to subscribers of Best's lnsurance Reports.
The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis.
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European Union Disclosures
A.i/. Best (EU) Rating Services B.V (AMB-EU), a subsidiary of A.M. Best Rating Services, lnc., is an Extemal Credit Assessment lnstitution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU.
lJnited Kingdom Disclosures
A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.N4. Best Rating Services, lnc., is an External Credit Assessment Institution (ECAI) in the united Kingdom (1.,K). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 20'19.
Press Releases
Date Tifle
Jan 28. 2021 AM Best Places Credit Ratings of American Financial Group's L/A Subs Under Review After Announced Sale; Comments on P/C Subs
Nov 19, 2020 AIvl Best Affirms Credit Ratings of El Aguila, Compafria de Seguros, S.A. de C.V.
Oct 28,2020 AM Best Affirms Credit Ratings of American Financial Group, lnc.; Upgrades Ratings of Key Life and Workers' Comp Entities
Nov 14, 2019 AM Best Afflrms Credit Ratings of El Aguila, Compania de Seguros, S.A. de C.V.
Sep 11 , 2019 AM Best Afflrms Credit Ratings of American Financial Group, lnc. and lts lnsurance Subsidiaries
Dec 14,2018 AlVl Best Affirms Credit Ratings of El Aguila, Compafria de Seguros, S.A. de C.V. 1 234 Page size: 10 33 items in 4 pages
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Australian Disclosures
A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. ANTBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001 . Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. Al\rBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of flnancial product. AMBAP Credit Ratings are intended for wholesale clients only, as dellned.
Credit Ratings determined and disseminated by AMBAP are the opinion of Al,/BAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of flnancial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions.
lmportant Notice: Aiil Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an lnvestment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. Al\.4 Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and detlnitions, please view Guide to Best's Credit Ratings.
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Service American !ndemnity Company
AMB #: 020601 NAIC #: 39152
Mailing Address
PO. Box 26850
Austin, Texas 78755
United States
FEIN #: 592048400
Web: www.servicelloyds.com
Phone:512S37-3100
Fax: 512-485-2735
View Additional Address lnformation
AM Best Rating Unit: AMB #: 0'18385 - Service lnsurance Group Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations.
View additional news, reports and products for this company.
Based on A[/ Best's analysis, 046834 - Service Insurance Holdings, lnc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate slructure. View a list of operating insurance entities in this structure Financial Strength View Definition
Rating (Rating Category): A- (Excellent)
Affiliation Code: p (Pooled)
Outlook (or lmplication): Stable
Action: Affirmed
Effective Date: Ju ne 18,2021
lnitial Rating Date: July 05, 2018
Best's Credit Ratings
Long-Term lssuer Credit View Definition
Rating (Rating Category): a- (Excellent)
Outlook (or lmplication): Stable
Action: Affirmed
Effective Date: June 18,2021
lnitial Rating Date: July 05, 2018
Financial Size Category View Definition
Financial Size Category: Vlll ($100 It4illion to $250 Million) u Denotes Under Review Best's Rating
Best's Credit Rating Analyst
Rating Office: A.tv1. Best Rating Services, lnc.
Financial Analyst: Kourtnie Beckwith, CPCU, AU, AMIM
Associate Director : Daniel Teclaw
Note: See the Disclosure informalion Form or Press Re/ease below for the office and analyst at the time of the rating event.
Disclosure lnformation
Disclosure lnformation Form
View AM Best's Rating Disclosure Form
View AM Best's Rating Review Form
A[,4 Best has provided ratings & analysis on this company since 20'18 Financial Strength Rating
Effective Date
6118t2021
7t30t2020
thst201s
71512018
Rating
A.
A.
AA.
Rating History
312312018 NR
Long-Term lssuer Credit Rating
Effective Date
6t18t2021
7130t2020
811512019
71512018
312312018
Rating
aaaanr
Best's Credit & Financial Reports
f Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining ' 'the current credit rating(s) for Alvl Best Rating Unit: AIVB #: 018385 - Service lnsurance Group.
Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report lBest's Financial Report - financial data included in Best's Financial Report reflects the most current data - available to AIt4 Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's lnsurance Reports.
View additional news, reports and products for this company.
Press Releases
Date Title
Jul 05, 2018 A.[,4. Best Assigns Credit Ratings to Service American lndemnity Company Find a Best's Credit Rating
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European Union Disclosures
A.[r. Best (EU) Rating Services B.V. (Al,,4B-EU), a subsidiary of A.M. Best Rating Services, lnc., is an External Credit Assessment lnstitution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 20'13/36/EU.
United Kingdom Disclosures
A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, lnc., is an External Credit Assessment lnstitution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratjngs issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.
Australian Disclosures
A.l\r. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from Ai.4BAP are not intended for and must not be distributed to any person in Australia other than a wholesate client as defined in Chapter 7 of the Corporalions Act. Al\rBAP does not authorize its -
Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of linancial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined.
Credit Ratings determined and disseminated by Al\.4BAP are the opinion of Al\.,lBAP only and not any speciflc credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investmenl /purchasing decisions.
lmportant Notice: A[,4 Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Besl is not an lnvestment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or flnancial advice. AM Best's credit opinions are nol recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit raling opinions, as well as the rating process, information requirements and other rating related terms and dellnitions, please view Guide to Best's Credit Ratings.
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