. {ITY COPY
INVITATION TO BID
LANDSCAPE SERVICES FOIt
MONTE BELLA MAINTENANCE DISTRICT
SALINAS
n'ICII IN L,lND I 8IC}I IN VJ1LUES
CITY OF SALINAS
200 Lincoln Avenue
Salinas, CA 93901
For use in conjunction with STANDARD SPECIFICATIONS, DESIGN STANDARDS AND STANDARD PLANS. 2008 Edition, City of Salinas-Public Works Department.
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j -l
TABLE OF CONTENTS
INVITATION TO BID I
5 \OTICF] TO I]I I)I) IIRS 6
PART A BrD CONTRACT DOCUMENTS.................... ................10
CONTRACT DOCUMENTS TO BE SUBMITTED WITH BID ON BID OPENING DATE lt
t2
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE 18
NON-COLLUSION DECLARATION OF CONTRACTOR.............,
INSURANCE CERTTTICATION
l9
20 BIDDER'S STATEMENT OF SUBCONTRACTORS PART I ........................... .....,.......,,.21 CONTRACT DOCUMENTS TO BE SUBMITTED TO THE CITY WITHIN 5 WORKING BIDDER'S STATEMENT OF SUBCONTRACI'ORS _ PART II 23
NON.COLLUSION DECLARATION OF SUBCONTRACTOR .25
STATEMENT OF COOD FAITH EFFORT FOR LOCAL HIRE...........................................26 BIDDER'S LIST FOR THE CITY OF SALINAS PUBLIC WORKS DEPARTMENT.........27 PART B _ SUCCESSF'TIL BIDDER'S CONTRACT DOCUMENTS TO BE SUBMITTED AF"TER
GENERAL INSTRUCTIONS TO LOW BIDDER
PAYMENT BOND (LABOR AND MATERIAL BOND)........
ACREEMENI ..,.
29 3l
.... 3 3
PUBLIC WORKS CONTRACT AWARD INFORMATION (D.A.S. 140) ....40 PART C CITY OF SALINAS FORMS AND MEMORANDUN{ I}OCUMENTS {1 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE ......
STATEMENT OF COMPLIANCE
CITY OF SALINAS FRINGE BENEFIT STATEMENT..
LOCAL I{IRING RESIDENCY COMPLIANCE DOCUMENTATION
PUBLIC WORKS DEPARTMENT BID PROTEST.......
CITY OF SALTNAS NOTICE OF POTENTIAL CLAIM.......,.....,....,.., SUBCONTRACTOR SUBMITTAL FORM.....
PART D - SPECTAL PROVISIONS.. ..................50
SECTION 2 PROPOSAL REQUIRIMENTS AND CONDITIONS
2-1.01 GENERAL..........
2- I .02 EXAMINATION OF SPECIFICATIONS, CONTRACT AND SITE OF WORK 2-I.03 LINSCHEDULED / EXTRA WORK RATES...
2-I.04 BID PROTEST FEE ...
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SECTIoN PAGE NO.
SECTION 3 AWARD AND EXECUTION OF CONTRACT......
SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES AND TEMPORARY SUSPENSION OF WORK..........
SECTION 5 GENERAL.......
SI]CTION'I IIIISCEI,I-ANEOUS
)5
55 56
56 5-t.01 56
5-1.02
5-t.03
LABOR NONDISCRIMINATION ..
WAGE DETERMINATION..,..,.,..,..
ENFORCEMENT OF THE CITY.S LOCAL HIRING ORDINANCE
..56
REQU IR EM ENI'S
5-t.04 DIR REGlSTRATtON.............
5- r .05 SUBCoNTRACTTNG .............
SECTION i2 QUALITY ASSURANCE........................
SECTION S3 PAYMENT....
SECTION',I RESPONSIBILITMS AND MAINTAINING TRAFFIC.......
SECTION 6 8LANK...........
SECTION 7 MATERIALS..
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11 72
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6 7-1.01 MIScELLANEOUS ................
7-1 .02 GENERAt. ...........
10- l.0 t oRDER oF woRK...............
l0- l .02 LEGAT_
IO.I.O3 INSPECTION AND CONTROL OF WORK.
IO-I.04 FINAL INSPECTION AND CLEANUP
1O- I.0.5 WORKMANSHIP
PROGRESS SC t{EDUL 8........
OBSTRUCTIONS
UTILIl'Y DEl'ERMINATION
EXAMINATION OF SITE....
SECTION 8 BLANK............
SECTION 9 DESCRIPTION OF PROJtrCT....
SECTION 9-1 SITE DESCRIPTION......................
SECTION IO CONSTRUCTION DETAILS...
SECTION IO.I GENERAL..
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WATERINC
CONSTRUCTION EASEMENTS .........
PARTIAL PAYMENTS AND RI.]TENTION
ARBITRATION...............
NOTICE OF POTENTIAI, CLAIM ............
CLAIMS......
PUBLIC CONTRACTS CODE 9204 PUBLIC WORKS PROJECT
I9 RECYCLING AND CLEANUP
IO-I.20 TRAFFIC CONTROL
I 0- l .2 t GENERAL ..........
I O.I.22 CHANGES IN WORK
I O- I .23 PRESERVATION OF PROPERTY ........
IO-I.24 ENVIRONMENTAL/POLLUTION PREVEN'IION REQUIREMENTS l0-1.25 MoBrLlzATION.................
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SECTION 1I LANDCAPI,] MAINTENANCE
SECTION 11-l DEFINITIONS...........................
SECTION II.2 HAULINC...
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89 SECTION II-] TINST'ITAItLE NIA'TERIAI,
SECTION 11-4 PAYMENT..
SECTION 12 TEMPoRARY TRAFFIC SIGNAGE..........
SECTION 12-I GENERAL..
SECTION 12-2 TEMPORARY TRAFFIC SIGNS..................
SECTION 13 BLANK
SECTION 14 CONTROL OF WORK.............
SECTION 14-I GENERAL..
SECTION 14-2 PAYMENT OF LANDSCAPE MAINTENANCE....
suc l to\ l{-3 s( HEI)Lt.E oF \\'oRK
I4-3.0I WORK SCHEDULE
SECTION 14-,t INSPECTIoNS
SECTION I5 MEASUREMENT AND PAYMINT.........
PART [ - CONSTRUCTION SITE BEST MANA(;EMENT PRACTICES, CONSTRUCTION ANID DEMOLITION I)ryERSION REQUIREMENTS, EROSION AN'D SEDIMENT CONTROL PLAN REQUIREMENTS AND OTHER MISCELLANEOUS INFoRMATION 9r
I
LOCATION MAP
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118 05 0
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THIq MNP IS NOT TO RF II(FD FOR
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Tha airv nt q,lin:. h:( m:.la pwaru rp:<^.,hlp infnrm:ri^n Tha a v ^f s.linic il^a( n^r ALlNAS 5 NOTICE TO BIDDERS
Notice is hereby given that the City ofSalinas, County of Monterey, State ofCalifornia (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:
T,ANDSCAPE SERVTCES FOR MON'I'E I]ELLA MAINTENANCE DISTRICT A scanned copy of the Bid Proposal Package ("Bids") for the above-mentioned work shall be submitted eJectronically via the PlanetBids website until 2:00 p,m. Pacific Standard Time on May 256 202 l, at which time or therealter said bids will be electronically opened and available online. A link to the meeting wilJ be made available through PlanetBids. It is the Bidder's responsibility to ensure that said Bid shall be fully uploaded / transmitted via the PlanetBids website, prior to the aforementioned designated date and time. The Ciq tlill not be accepting paper bids.
Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in any meetings for this project. Requests should be referred to the City Clerk's Office at City Hall, 831-758-738l, as soon as possible but by no Iater than 5 p.m. of the lasl business day prior to the scheduled meeting.
Hearing impaired or TTY/TDD text telephone users may contact the City by dialing 7l I for the Califomia Relay Service ("CRS") or by telephoning any other service providers' CRS telephone number.
No Bid shall be accepted from a Contractor who has not been licensed in accordance with the Provisions ofChapter 9 of Division 3 ofthe Business and Professions Code. Also, he/she is required to comply with all the requirements of the City of Salinas local hiring preference Ordinance 2330, Salinas City Code chaprer 12. Arricle IV, attached hereto. STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE and incorporated herein by reference, with respect to person(s) hired directly by the Contractor and to all persons hired by the Contractor's Subcontractor(s). Contractor shall possess a Type "{ C-27. Type C-611D-491" license or other license qualifying the Bidder to Bid as a prime Contractor prior to SUBMITTAL of Bid and the license must be valid prior to award and throughout the Contract as approved by Council.
In determining the lowest bid for a public works contract that exceed $5,000.00, a qualified local business shall receive a five-percent (5%) preference, per the City's Local Purchasing Preference Ordinance (Sec. 12-28.050 and Sec. l2-28.060).
In order to be recognized as a local business, Contractors must submit a Declaration of Local Business Form to the Cily's Finance Department.
The City ofSalinas reserves the right to reject any or all Bids and to waive any informality in Bids received.
By submitting a Bid, it is assumed that the Contractor has eyaluatcd the site and the Bid submitted reflects that the Contractor is satisfied as to the existing conditions, said conditions being rcflected in the Bid.
Each Bid shall be in accordance with the Specifications adopted therefore, submitted on the Proposal form furnished and accompanied by a certified or cashier's check or Bid Bond made payable to the City of Salinas, for an amount equal to al least ten percenl (10%) of thal amount ofthe Bid, such guaranty to be forfeited should the Bidder to whom the Conlract is awarded fail to enter into the Contract within ll calendar davs afler notification of the award of Contract to the Bidder. The undersigned agrees that, in case of hiVher default in executing the Contract and the necessary bonds after award and due notice thereof, the said check or bond and the money payable thereon shall become and remain the property ofthe City ofSalinas as liquidated damages. The Contractor shall perform the work for the maintenance ofthe areas described for a period ofthree years (36) months from date ofcontract award.
For any moneys eamed by the Contractor and withheld by the City of Salinas to ensure the performance of the Contract, the Contractor may, at his/her requesl and expense, subslitute 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 ofCalifornia.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requir€ments of Section .ll0{ 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 . It 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 or 20103.5 ofthe Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
All Contractors (prime and subs) must possess and maintain such registration with the Department of Industrial Relations ("DIR") in order to be awarded and to perform rvork on public works projects. The following is the link to DIR's Contractor Registration searchable database:
httDs://efilins.dir,ca.eor'/PWCR,' Sex rch.acti0n
A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current rcgistratiorl to perform public work pursuant to Labor Code Section l77l.l.
This project is subject to compliance monitoring and enforcement by the DlR.
Additionally, all contractors and subcontractors must furnish certified pavroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) on a ueeklv basis and in the format prescribed b"v the DIR, which maJ include electronic submission.
Bidders will be responsible for printing or obtaining on their own accord, hard copies of the Bid Proposal Package, Plans, Specifications, Prospective Bidders List and any addenda and notifications for their use in submitting a Bid.
Bidders are required to register as a Prospective Bidder for this proj€ct on the PlanetBids Vendor Portal website when submitting a Bid and shall maintain their status as "Bidder" throughout the Bid process; Bidders that fail to do so shall be disqualified. Prospective Bidders are permitted to access and download all infonnation and documents available for the project on the PlanetBids websitc. Only registered Prospective Bidders for the particular City ofSalinas project will automatically receive updates. ,7
notifications, and addenda when issued, however, it is the Bidders' responsibility to the ensure that the forgoing have been received.
Bidders can register as a Prospective Bidder in two ways:
( l) Bidders are encouraged to register for IEEE through PlanetBids Vendor Portal for the City of Salinas at httDs://wu u.planetbids.com/oortal/oortal.cf rn?CompanylD=22949 (2) Bidders may also register to PlanetBids' website directly for a FEE at https://vendorl ine.corn/register and sign up for City of Salinas' bid opportunities. The link "View Current Construction Projects Out for Bid" on the City of Salinas website listed below will take you to the registration page on the PlanetBids Vendor Portal for the City of Salinas website:
https://wrvrv.citvofsalinas.orc/our-city-services/public-works/ensineerins/construction-proiects All Specifications are available for viewing at the Public Works Department Office at City Hall and available for download on PlanetBids through the City of Salinas website, httDS://$ u'$.c itvofsalinas.org/our-c itv-sen,ices/Dublic-works/eneineerins/construction-Droiects For assistance in downloading the documents, contact PlanetBids online or by calling 8l 8-992- l77l .
All questions regarding this project shall be submitted to the City ofSalinas through the project page on the PlanetBids website, l0 calendar days prior to bid opening date. Questions received after the date stated here shall not be answered. All registered Prospective Bidders for this project will receive an email notification once a response to a question has been posted on the PlanetBids web site.
STANDARD SPECIFICATIONS DESIGN STANDARDS AND STANDARD PLANS,2OO8 EdiIiON, City of Salinas, Public Works Departmenl, (herein referred Io as the "Standard Specifications") may be purchased from Public Works Department by payment of $45.00 (tax included) per set or may be purchasedbymailordeIfor@;ormaybedownloadedonthe
City of Salinas website at no charge at:
https://u u u .c itvofsalinas.orq/fi le/847/dorvnload
NOTE: For Bid package to be VALID; (1) the Bidder must submit all completely executed and signed City of Salinas forms; (2) the Contractor and all Subcontractors shall have valid, current and active Contractor's license(s) for the classification(s) of work performed; and (3) the Contractor and all Subcontractors must possess and maintain a Public Works Contractor Registration with the DIR pursuant to Labor Code section 1725.5, and the license(s) must be valid at the time Contract is awarded and throughout the Contract as approved by Council.
It is expressly understood and agreed that this Bid shall have the following documents completed, all of which are incorporated into and made a pan hereof. The following information shall be submitted with the Bid Proposal on the Bid Opening Date:
l. Complete Proposal signed and dated
2. Signed Addendum, if any
3. Bid Bond
E
4. Bidder's Statement ofFinancial Responsibility Technical Ability and Experience
5. lnsuranceCertilication
6. Non-Collusion Declaration of Contractor
7. Bidder's Statement of Subcontractors - Part I (The Contractor and all Subcontractors shall have valid, current and active Contractor's licenses for the classilication ofwork performed, prior to submittal of Bid, during Award and throughout the Contract.) The lowest and second lowest ranked project Bidders shall submit the following forms, fully completed, to the Public Works Department, City of Salinas, wilhin 5 workine dqvs after Bid opening date and/or when the lowest responsible Bidder is known. The Documents to be completed and submitted are the following:
8. Bidder's Statement of Subcontractors - Part lI
9. Non-CollusionDeclarationofSubcontractor
10. Bidder's Statement of Good Faith Effort for Local Hire
11. Bidder's List for the City of Salinas Public Works Department. The Prime Contractor shall submit original(s). All Subcontractor(s) shall submit original(s) or faxed copy (copies) Failure to comply with these requirements may result in the forfeiture of the Bidder's rank in the Bid process.
ln lieu of conflicting portions of "Section 2-1.05 Proposal Forms" of the Standard Specifications, the following shall apply:
Only Bids composed of the above listed items shrll be considered for Award. Any and all Addenda to tbe Plans and Specifications shall be issued electronically on-line through the PlanetBids Vendor Portal website and ONLY to Bidders who are registered Prospective Bidders for this project on-line at the PlanetBids Vendor Portal website as having received a set ofPlans and Specifications. The City shall not be responsible for issuance ofsaid Addenda to non-registered Plan holders.
The successful Bidder and all Subcontractors must have a valid City of Salinas business license before the commencemenl ofwork.
All wage scales shall be in accordance with applicable determinations made by the Director ofthe DIR of the State of Calilornia, as provided by Article 2, Chapter l, Division 2, ?aft -7 of lhe Labor Code of the State of California. commencing with Section 1771. ln accordance with Section 1773.2of rhe said Labor Code, copies ofthe aforesaid determinations ofthe Director ofthe DIR are available on the website address hltp://!r u w.tlir.ca.sov/OPR[-/DPreWageDeterm ination.htrn. It shall be mandatory for the Contractor to whom the Contract is awarded to pay not less than the applicable prevailing wage rate to all workers employed for the execution ofthe Contract and employ apprentices pursuant to Section 1777.5 of the California Labor Code.
PARTA_
BID CONTRACT DOCUMENTS
l0
CONTRACT DOCUMENTS TO BE SUBMITTED WITHBID ON
BID OPENING DATE
Invitation to Bid Addendum No.1
Landscape Services for Monte Bella
Maintenance District
SALINAS
AICII IN LAND TICH tN VALUBS
DATE:
TO:
FROM:
RE:
d
May 19,2027 V
Potential Responders to Invitation to Bid
David Lewellery District Maintenance /Forestry Manager
City of Salinas Invitation to Bid for Landscape Services for Monte Bella 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. al 2:00 p.m. Pacific Standard Time ("PST").
Manner of Submission
E
hp crrh!'yriffpd hrr lVar., )\ )n)1 et 2'OO n m PST
It is the Bidder's responsibility to ensure that said BID shall be fully uploaded / transmitted via the PlanetBids website, prior to the aforementioned designated date and time. The City will not be accepting paper bids.
,i
7 Ouestions and Answers
The following Addendum will address three items:
First: Question about The Monte Bella District.
1. What are the previous bid results/engineer's estimate for the district? The previous amount for the district was $40,680.00/year $3,390.00/monthly.
Second: How will the public be able to aftend/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
l-r zoom.us 7991075367? wd:cF E T TF Z
Meeting lD: 979 9107 5361
Passcode:890132
One tap mobile
+76699006833,,9799L075367t,,,,*890132f US (San |ose)
+734624877 99,,97991,07 5361, i,,,,* 890'132t US (Houston) Dial by your location
+'l 669 900 6833 US (San Jose)
+1346 248 7799 US (Houston)
+7 253 275 8782 US (Tacoma)
+1. 30L 715 8592 US (Washington DC)
+1312 626 6799 US (Chicago)
+1929 4362866 US (New York)
Meeting ID:979 9107 5361
Passcode: 890132
Find your local number: h Z m.u u a I P7L4Px
Three: NOTICE TO BIDDERS
Notice is hereby given that the City of Salinas, County of Monterey, State of Califomia (hereinafter referred to as "City"), hereby invites sealed Bid Proposals for the following work to be completed according to Plans and Specifications on file, adopted therefore, to wit:
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 25s 2021, 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 senrice, maile4 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 Biddels 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.
Salinag CA 93901
ATTN: Dave Lewellen
LANDSCAPE SERVICES FOR MONTE BELLA MAINTENANCE DISTRICT
SMITH &ENRIGHT
-Landscaping,
Inc.
-
BID BOND FOR:
LandscaPe Services for
Monte Bella Maintenance District
THIS CHECK tS PROTECTED wlTH A VOID PANTOGBAPH . OTHER SECUCITY FEATURES OETAILED ON BACK errvdcrE BANK CASHIER'S CHECK
18181 Auterfeld Blvd, Sute 135
Morgan Hill , CA 95037
roTrcE Io crrstoHEis
I}IE PUFCI1ASE OF AIl INII€UNTY AONO TAY BE REOUIREO
A€FORE ANY CAAHIER'A ct€CX O€ l}iIS BANX WLL BE
REPLACEO OR REF(,IOEO IN THE EVF"{T I ls LOST
MISPIACED OR STOLEN,
aeurrren fuchardEnright
pev Fifteen Thousand Two Hurdred Six{ Four Dollars AND 00/100 To rHE Citv Of Salinas
ORDER OF
300102
904434
'1211
o^rE May 24,2021
$*******75,264 .00
AUTHORIZED SIGNATURE
C
PURPoSE Bid Bond Monte Bella
lt:100 IO arF t: I e I ILL ll.l0': rF lO eqqOO I ?rF
831-758-5589 54O Work St. Ste. C, Salinas, CA 93901 SmithEnright.com fyL\"G
Oiitct:: 83t-7 58-67 66 Email: [email protected]
PROPOSAL
FOR
LANDSCAPE SERVICES FOR MONTE BELLA MAINTENANCE DISTRICT
SALINAS, CALIFORNIA
FROM:
NAME OF glppBg. Smith & Enright Landscaping, lnc
BUSINESS ADDRESS
611y. Salinas
540 Work St Suite C
ps61E' 831-758-6766
611y. Salinas 5141p.California 71p.93901
p11611p. 83 1-758-6766
Honorable Mayor of City Council
City of Salinas
Salinas, Califomia
Gentlemen/Ladies:
Pursuant to the foregoing Notice to Bidders, the undersigned hereby proposes and binds himselflherself on award by the City Council under this Proposal to execute in accordance with such award, a Contracl with necessary bonds of which this Proposal, the Notice to Bidders, and the Plans and the Specifications adopted tDote Adopted By Councilj, 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 shou'n on the Plans accompanying them, wilhin the time hereinafter set forth and at the prices named in this Proposal as follows:
dBy checking this box, the Bidder herby allirms it meets the r€quirements set forth under Chapter l2 Article III 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 req uirements h ttps://rr}1 $.citt ofsa linas.org/ou r-citt - services/financc/bid- ucsts- and Declaration of Local Business Form. t2
gl4lB.Califomia 7Ip.93901
RESTDENCE ADDpg5g.660 San Mateo
LANDSCAPE SERVICES FOR MONTE BELLA MAINTENANCE DISTRICT The work shall involve the fumishing of all labor, material, equipment, and incidentals Io perfbrm the Landscape Maintenance inthe Landscape and Lighting Districts in accordance with the Plan, Specifications and Special Provisions. The maintenance district is as shown on the localion map and described in delail in Section 9:
PROPOSAL ITEMS:
Base Bid
Item #l: 24 Months Landscape Maintenance for the Monte Bella Area District $3,995.00 rlurtl')
Total for Base Bid; 5 $3,995.00 Per month
Additive Alternate#l
Note: The estimated hours and dollar amounts requested below do not represent what the contractor may or may not eam through unscheduled work.
Item #2
Item #3
Item #4
80 hours x General Gardening Crew rate
50 hours x Specialty Irrigation Crew rate
$7.000 x Percentage Markup
s 3,840.00
g 3,500.00
g 7,777 .00
Totrl for Additive Alternate #l 5 15,1 1 7.00
Total for Base Bid plus Additive Alternals g1; g 19,1 12.00 The Additive Altemate total will be added to the annual contract fee for accessing low bid only. The hourly crew rale quoted shall include all Contractor costs for wages, insurance, overhead and equipment. Fees for materials shall include Contractors lowest / best purchase price, plus tax and markups.
Extra Work Items
Itern #5: GENERAL GARDENING CREW RATE (Service based on a two-person crew). Provide general gardening services as required (i.e. sprinkler replacement, special cleanups) $50 Total Hourly
Item #6: SPECIALTY IRRIGATION CREW RATE (Service based on a two-person crew, Irrigation Technician and Helper). Provide inigation repair for valves, solenoids, controllers, lateral and main line breaks.
I3
Technician $70 Total
Hourly Helper Rate $ Total bU
Hourlv
Item #7: PLANT PURCHASE AND INSTALLATION PRICE THAT MEET CITY STANDARDS I gallon $20
2 gallon
5 gallon
l0 gallon
l5 gallon
24-inch box fee
s30
Total
Total
Total
Total
50 5
'maintenance/replacemenl @sts only,
if new conslruclion prolecl. different prevailing
wage classifi catron app|es
s 100
$ 220 Total
s 520 Total
Item #8: PERCENT OF MARKUP ON MATERIALS - Percentage increase over the besVlowesl cost, including Contractor discounts, paid by Contractor for materials approved for replacement or installation 1o oh
Item #9: TREE TRIMMING
DBH price for removal
*wo knowing measurements it is difficult to give accurate price $ 95.00 per hour Total
DBH price for trimming (Structural pruning to maintain strength and shape) S 95.00 per hour Total
Stump Grinding Io a depth ofthrce feet including gubbing and root removal S
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 warranties. Prices shall include both labor and materials.
s 2,000.00 Total Monthl y Price per Acre
t,1
NOTE: For Bid package to be VALID: (l) the Bidder must submit Bid for Base Bid and Bid itemsi (2) the Bidder must submit all completely executed and signed City of Salinas forms; and (3) the Contractor and all Subcontractors shall have valid, current and active Contractor's license(s) for the classification(s) of work performed and be registered with the DIR pursuant to Labor Code section 1725.5, and the license(s) must be valid prior to award ofContract and throughout the Contract as approved by Council.
It is expressly undertood and agreed that this Bid shall have the following documents completed, all of which are incorporated into and made a part hereof. The following information shall be submitted with the Bid Proposal otr the Bid Op€ning Date:
l. Complete Proposal signed and dated
2. Signed Addendum, if any
3. Bid Bond
4. Bidder's Statement ofFinancial Responsibility Technical Ability and Experience
5. lnsuranceCertilication
6. Non-Collusion Declaration of Contractor
7. Bidder's Statement of Subcontractors - Part I (The Contractor and all Srbcontractors shall have valid, current, and active Contractor's licenses for the classilication ofwork performed, prior to submittal of Bid, during Award, and throughout the Contract.) The !ry! .nd second lowest ranked project Bidders shall submit the following forms, fully completed, to lhe Public Works Department, City of Salinas, yilLiLiyglLiEglbE after Bid opening date and/or when the lowesl responsible Bidder is knoryn. The Documents to be 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). All Subcontractor(s) shall submit original (s) or faxed copy (copies) F larc lo comolv with lhese rcauiremenls mav rcsull in the forfeiluru of the Bidder's runk in the Bid a!!9!!,.
The undersigned understands that the quantities given are approximate only, being given as a basis for the comparison ofBids, and the City of Salinas does not, expressly or by implication, agree that the actual amounl of work shall correspond therewith, but reserves the right to increase or decrease the amount of any portion ofthe 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 ofwork performed.
t5
The City reserves the right to award the contract to a responsible, responsive Bidder with the lowest possible bid for each amount noted in the "Total 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, City of Salinas Public Works Department, herein referred to as the "Standard Speci fi caIions".
ln addition to the Subcontractors required to be lisled in conformance with the Standard Specifications, the Contractor shall submit: name, address, DIR Public Works Registrations number, Contractor's license number including State/expiration 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 IY, with respect to person(s) hired by the Contractor, and to all persons hired by the Contractor's Subcontractor(s), All prospective Contractors may use the website
https:r'i www2.cslb.ca.gov/OnlineServices/CheckLicensell/Checklicense.aspx to check each Subcontractor's license status and the DIR's Contractor Registration searchable database hnos://efi linq.dir.ca.sov/PWC R/Search.action to veri$ each Subcontractor's registration status.
The Bidder shall submit the list ofSubcontracto(s) with the Proposal. Use the form supplied in the Contract documents. If no 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 ofwork shall correspond therewith, but reserves the right to increase or decrease the amount ofany ponion ofthe work orto omit portions of the 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 Specifications.
The undersigned agrees, if awarded the Contract, that there shall be paid by the undersigned and by all Subconh-actors under him/her, to all laboren, workmen and mechanics employed in the execution ofsuch 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 slatute thereto applicable, by the City Council, the schedule thereof being set forth in the advertisement for Bids and in the Specifications for said work.
AII questions about the meaning or intent ofthe Contract documents shall be submitted to the City ofSalinas through the projecl page on the Planet Bids website. Replies shall be issued by Addenda electronically ont6 line tkough the PlanetBids Vendor Portal website and ONLY to Bidders who are registered Prosp€ctive Bidders for this project. QUESTIONS RECEMD LESS THAI\I l0 CALENDAR DAYS PRIOR TO THE DATE OF THE OPENING BIDS SHALL NOT BE ANSWERED. Only questions answered by Addenda shall be binding. Oral and other interpretations or clarificatiors shall be without legal effect.
Any and all Addenda to the Plans 8nd/or Specifications shsll be signed and attached h€reto this Proposal.
For any money eamed by the Undersigned and withheld by the City ofSalinas, to insure the performance of the Contract, the Undersigned may, ai hiyher request and expense, substitute secudties equivalent to the amount withheld in the form and mannsr and subject to the conditions provided in Section 22300 ofthe Public Contracts Code ofthe State of CalifomiaLicensed in accordance with an act providing for the regisfation ofcontractors:
License No.: c-27 757700 DIR Registration No.: #1000011127 Expiration Drte: 01t3112023 DIR Reg. Exp. Date: 06t30t2021 (lf Bidder is a joint ventue, each member must sp€ciry license number, expiration date and statement regarding representations made.)
(If an individual, so state. If a firm or c.G.partnership, state the firm name and give the names of all individuals; co-partners composing the ftm. Ifa corporatio& state legal names ofcorporatior; also names of President, SecretaD/, Trcasurer, and Manager thereof.) Smith & Enright Landsceping, lnc
540 Work St Suite C
Salinas, CA 9390'l
Signature of Bidder:
Dated. May 2at!
l7
2@l_
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY,
TECHNICAL ABILITY AND EXPERIENCE
(Thb form mui be completed and submitted with thb Bid)
The Bidder is required to state what work of a similar character to that included in the proposed Contract 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 ofhis/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 of work, name and phone number of all references.)
TYPE NAME PHONE NUMBER
City of Salinas - Streetscape & District Landscape Maintenance 831-970-7645
City of Gonzales - Streetscape & Park Landscape Maintenance Tiffany Twisselmann
City of King - Streetscape & Park Landscape Maintenance 805-610-0191
SIGNED: L L\
(Signature)
Attach Notary Acknowledgment f signatarc is not the samc as the Proposal signaturc(s) t
Dave Lewellen
831-776-2095
Geoff English
(Date)
NON-COLLUSION DECLARATION OF CONTRACTOR
(Thisform must be completed and submified with this Bid) State California
}SS County of
Richard Enright , being fint duly swom, deposes and says that:
I am lhe (owner, parmer, oflicer, reptesentative, or agenl) the party making the foregoing Bid:
of Smith & Enriqht _
of Califomia that the
at&loris cityl,
The Bid is nol made in the interesl of or on behalf of any undisclosed person, partnenhip, company, association. organization, 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 put in a false or sham Bid. The Bidder 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 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 statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof or the contents lhereofor diwlged information or dala relative thereto, to any corporation, partnership, company, association, organization, 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.
Any person executing this declaration on behalfofa Bidder that is a corporation, partnership, joinl 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 declaralion on behalfofthe Bidder.
I declare under penalty of perjury under the laws of the State conect and that this declaration is exe a:ted on@t .1date1, forggoing is true and
CA [state].
,rrr"o'
Title
Atlach Notary Acknoh'ledgmzfi if signature is not the same as the Proposal signature(s) l9
Ofiicer
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INSURANCE CERTIFICATION
(This cerlifrcation shall be completed and submitted b,ilh the pruposed Bid) By signing below, I hereby certiry that Smith & Enright Landscaping, lnc (lnsert company name)
is currently insured by an insurance company that is an "Authorized" carrier by the Insurance Commissioner ofthe Califomia State Department of Insunmce 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 exp[e on OBI1O|2O21 I further hereby certiry that, as the signer of this Bid Proposal, I have read and understand the City's insumnce requirements as described in the Section enlitled "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 CC 20 l0 ll 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by the City Attomey.
Richard Enright
(Print Name)
Signature of Bidder: May 24.2021
(Date)
Type text here
Axach Notary Acknowledgmenl if signoturc is not lhe ssme as the Proposal signature(s) 20 BIDDER'S STATEMENT OF SUBCONTRACTORS_PART I
(Thisform shall be compleled snd submitted b'ith this Bid) List each subcontractor that is a lst tiered subcontractor and will perform a portion ofthe work in an amount in excess of one-half of one percent (0.5%) ofthe Bidder's total contract price or S10,000 (whichever is $eater). Substituting a Subcontractor in place ofa Subcontractor listed in the original Bid is prohibited and may result in rejection ofthe Bidder's proposal.
The Contractor and all SubcontractoB shall have valid Contractor's licenses for the classification of work performed, prior to award of Contract, and throughout the Contract.
The Contractor and all Subcontractors must possess and maintain a current Public Work Contraclor registration with the Department of lndustrial Relations (DIR), at the time Bid is submitted, and throughout the Contract.
SIGNE Li["1
(Signat (Date)
Attach Notary Acknowledgment if signature is not the same as the proposal signature(s) NO SUBCONTRACTOR LICENSE NO./
STATE
1 Tree Work Silvino Sanchez Landscaping 1009392 CA
2 Hemi3 Lendsceping and Concrele, lnc 903795 CA I
I
I
I
I
I
r
I
I
I
I
2t
Clean Money
TYPE OF WORK
Landscape & Concrete
CONTRACT DOCUMENTS TO BE SUBMITTED TO T}TE CITY
WITHIN 5 WORKING DAYS AFTER BID OPENING DATE
22 BIDDER'S STATEMENT OF SUBCONTRACTORS _ PART II
(This information mqt be submitted with yout Ptoposal. If it is not, and you orc lhe apparenl lob' Bddet or the second lote Bidde\ it shall be submitled and received by the Public llork Deptrtmeu no later thun 5 workine davs afer Bid opening date and/or b,hen the lob'est rcsponsihle Bidder is known.) List all Subcontractors performing work on site, including l'r tiered Subcontractors under one-halfofone percent (0.5%) ofthe total contract bid or $10,000.
The undersigned submits herewith a list of Subcontractors whom he/she proposes to employ on the work, with the proper firm name and business address ofeach.
If no list submitted, it shall be assumed that the Contractor shall do all the work as specified.
The Contractor and all Subcontractors shall have valid Contractor's licenses for the classification ofwork performed, at time of award of Contract, and throughout the Contract. All prospective Contractors may use the website httDs://www2.cslb,ca,gov/OnlineScn'ic es/CheckLicenscll/ChcckLicense.asor to check each Subcontractor's license status and expiration dates.
The Contractor and all Subcontractors must possess and maintain a current Public Work Contractor registration with the Department oflndustrial Relations (DIR), at the time Bid is submitted. and throughout the Conlract. All prospective Contractors may search the DIR's Public Works Contractor Registration searchable database https:i,'rv$rr'.dir.ca.eov.rpublic-workslpubliovorks.html to veri$ each Subcontractor's registration status.
Subcontractor: Silvino Sanchez L?nqqcep!nL License No. / State: 1009392 CA DI R Regisration No.: 1000726545 Dl R Registration Expiration Date: 06/30/21 Address: 328 Roberts Ave City :Seaside zip: 93955
Descript ion of work: Landscaping and Tree Trimming
Telep hone. 831S20-5146 F Email Address: [email protected] Bid Item No. & % of eac fif Tree Work 10olo gJ4 +9
*Business Licens€ No. F1N8L21,00148
Subcontractor: Hemi's Landscaping and Concrete, lnc License No. / State: 903795 CA Dl R Reg istration No.:'1000020090 DIR Registration Expiration Date: 06t30t23 4dd1g55; 446 Boronda Rd City :Salinas Zip. 93901
Description of Work: Landscaping & Concrete
Telep hone:831-594-6182 Fax: Email Address: [email protected] Bid ltem No. & % ofeach: Sect 1'1. Landscaping 107o ts!rr+\. *Business License No. 63684
2.',]
Controclot shqll provide all Subcontruclot inlormation rcquested aboye.
Subcontractor: License No. / State:
DIR Registration No,:
Address:
Dl R Registration ExpiratioD Date:
City: zip:
Telephone:_ Fax:
Bid ltem No. & o/o of each:
Description of Work:
Subcontractor;
Email Address:
*Business License No.
License No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
City: Zip:
Telephone:_ Fax:
Bid ltem No. & o/o of each:
Subcontractor:
Email Address:
*Business License No,
License No. / State:
DIR Registration f,xpiration Date:
City: Zip:
Email Address:
*Business License No.
License No. / State:
DIR Registration Expiration Date:
City: Zip:
Email Address:
*Business License No.
vide all Subcontraclot infomation rcquested above,
$. zt. tl
*City of Salinas Business License shall be acquired before commencement of worlc DIR Registration No.:
Address:
Telephone:_ Fax:
Bid Item No. & % ofeach:
Description of Work:
Subcontractor:
Description of Work:
Telephone:_ Fax:
Bid Item No. & % of each:
Conlructor
SICNED:
Altach Notary Ackno
21 Description of Work:
DIR Registration No,:
Address:
(Date)
if signolure it nol the same as the Pruposol signature(s) Subcontractor: License No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
City: Zip:
Telephone:_ Fax:
Bid ltem No. & o/o of each:
Description of Work:
Subcontractor:
Email Address
*Business License No.
License No. / State:
DIR Registration No.:
Address:
DIR Registration Expiration Date:
City: zip:
Telephone:_ Fax:
Bid ltem No. & %o ofeach:
Description of Work:
Subcontractor:
Email Address:
*Business License No.
License No. / State:
DIR Registration No.:
Address:
DIR Registration f,xpiration Date:
City Zip:
Telephone:_ Fax:
Bid ltem No. & o/o of each:
Description of Work:
Subcontractor:
Email Address:
*Business License No.
License No. / State:
DIR Registration No.:
Address: City: Zip:
Telephone:_ Fax:
Bid Item No. & Yo of each:
Description of Work:
SIGN ED
EmailAddress:
,1
*Business License No.
provide all Subcontraclor infomation requested ahove.
5 .11
/^\l (Date)
Notary Acknowledgment if signature k nol the same as the Proposal signature(s) *City ofSalinas Business License shallbe acquired before commencement ofwork 24 DIR Registration Expiration Date: _
NON-COLLUSION DECLARATION OF SUBCONTRACTOR
(Thisform musl be compleled and submifled with this Bid) State of California
}SS County of Monterev
David Sanchez being first duly swom. deposes and says that:
Helshe is (ou,ner, partner, ofricer, represenloii)er or agent) of Silvino Sanchez Landscaping hereinafter refened to as the "Subcontractor";
Heishe is fully informed respecting the preparation and contents ofthe Subcontractor's Proposal submifted bv the Subcontractor to Smith & Enriqht Landscapinq. lnc the Contractor for certain work in connection wilh lhe City of Salinas -(C'iry
or ('oun1' and Stale),
The proposal is not made in the interest ofor on behalfofany undisclosed person, partnership, company, association. organization, or corporation. The proposal is genuine and not 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 with any bidder or anyone else lo pul in a sham Bid, or to refrain from bidding. The Subcontractor 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 Io fix any overhead, profiI, or cosl element ofthe bid price or ofthat ofany other bidder. All statements contained in the proposal are true. The Subcontractor has not, directly or indirectly, submined 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. organization, 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.
Any person executing this declaration on behalf of a Subcontractor that is a corporation, partnership, joint venture, limiled liability company, limited liability partnership, or any other entity, hereby represenls that he or she has full power to execute, and does execute, this declaration on behalfofthe Subcontractor.
I declare under penalty of perjury under the laws of the State California that the foregoing is true and correct and thal this declaration is executed on 06/0'1i21 alioas cttvl IsIate] Signed
Attac h Not ary A c hn otl ed gment
25 CALI FORNIA ALL-PL]RPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Monterey
On fvn Z beforeme, /),,7,., \ t!,\5 vl.f\o\ce-ALlr ---f, ta personally appeared 0c, ,, ; I Sti-rn,.)., tzA notary public or other omcer completing this certificat€ verifies only the identity ofthe individualwho signed the do(ument to whi(h thir cenificate ls anached,and not the truthfulne5s,accuracy, or validity of that do(ument twho proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) israre subscribed to the whhin inslrument and acknowledged to me lhat he'sheithey executed the same in his/hertheir authorized capacity(ies), and thal by hiyherdheir signature(s) on lhe inslrument the pe6on(s), or lhe entity upon behalfofwhich the person(s) acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and conect.
WITNESS my hand and official seal.
Signature
CE
ADDITIOn- A L OPTION AL IN FO RMATION
Title or Description ofanached document:
D{ SJoc*.,+*^,-k,--
Document Date:
Capacity(ies) Claimed by Signer
Signer's Name :
ol ir idual
oC rPorate Of[icer
oPa
D Atlomey-rn
o Trustee
o Othet:
Number of Pages: -chl t
Capacitylies) Claimed by Signer
Signer's Name:_
o Ind
tr Corporate Officer
.---
2023
PTIBTIC
Conm
o Parlner
o Attomey-in-Fact
o Trustee
o Other:
Signer is representing_ Signer is representing--
NON-COLLUSION DECLARATION OF SUBCONTRACTOR
(Thisfom must be completed ond suhmilted with this Bitl) g131s 6f California
iSS Countv of Monte
being first duly swom, deposes and says that:
He/she is (owner, partner, ofiicer, represenlalive, or agenl) of Hemi's Landscaping and Concrete lnc hereinafter refbrred to as the "Subcontractor";
He/she is fully informed respecting lhe preparation and contents ofthe Subcontractor's Proposal submitted by tlte Subcontractor to Smith & Enright Landscaping, lnc the Conlractor for certain work in connection with the City of Salinas :l'l::,f ;"1i"]*"ii{,|;
associalion, organization, or corporation. The proposal is genuine and not 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 with any bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Subcontractor has nol 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 of the bid price orofthatofany other bidder. All statements contained inthe proposal are true. 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 corpomtion. partnership. company. associalion, organizalion, bid depository, or to any member or agent thereof, to effecluate a collusive or sham Bid, and has nol paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalfofa Subcontractor that is a corporation. partnership. joint venture, limited liability company, limited liability partnenhip, or any other entity, hereby represents that he or she has l'ull power to execute. and does execule, this declaration on behalfofthe Subcontractor.
I declare under penalty of perjury under the laws ofthe State of Califomia that the foregoing is lrue and le cirv l. stalel.
Signed
Alt ch Notsq' Ac*nowledgment
_s
l5
correct and lhat Ihis declaration is execuled on
A notary public or other offlcer 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
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 MUPJLLO**r'*************
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.
UI U,
^}{ARIBA
D€ PAZ
llo8, hrblt - Cdftrnia
Mq&lly Coufy
Co,nmLtson I ?227997
My Codtn E{,{e6 Jan 7 202
Signature (Seal)
ACKNOWLEDGMENT
County of
d%
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public Works Department
(This information may be submitted h,ith lour proposal. lf it is not, ond lou ue the apparent loh) Bidder or the second low Bidder, it musl be submilled and received by the Public Works Department no later thon 5!gL!!E!!gLaftet Bid opening date.)
In conformance with Article IV to Chapter 12 of the Salinas Municipal Code, each Contractor and Subcontractor shall complele and submit this Statement ofGood Faith Effort.
Project Title: lvlonte Bella Maintenance District
Contractor (or Subcontractor E) Smith & Enriqht Landscapinq, lnc Address: 540 Work St Suite C
City Salinas State: CA Zip 93901
Contraclor (or Subcontraclor ! ) estimates that fifty percent (50%) or more of its workforce. for this project. meets the local hire requirements for this contract:
YesE No[ If "No", the apparent successful Bidder (low Bidder) and the second low Bidder shall complete and submit the following form to the oflice at which bids were received so the information is received by the Department no later than fugdr4g after bid o nt
lce that the information contained in this form is true and correct, to the best of m) knowledge, iued under penul4, of perjury'. Sulinas Citt' ( ode. Section l 2-31 . ) Selena Herrin General Manager 06rc7 Dj
(Pl s ages.) (Suhn
Tnle 0 tuni,ion (Pl.ara Ptia|
Att a c h N ot a r!- A c * n o L' I e dgme nt
Page_ot_
Name and Address of
Local Recruitment
Source
Date of
Recruit.
Contact
Person
Contacted
and Phone
Recruitment
For: Trade &
Classification
Number
of
Refenals
Requested
# of Local
Hires as
Result of
Contact
Names and
address of
Local Hire (2)
as a Result of
Contact
R lri.ittn Dat. 0 )/20/03 sEE ATTACHED.,E
NOTARY Ue'r ' rr'-''' -
tni F).n tlnt ltt ( t'ni.tl d\ \trltt
CALI FORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this cenificate verifies only the identity ofthe individu6lwho rigned the do(ument to whi(h this cenificate is anached,and not the truthfulnes5, ac(uracy, or validity ofthat document State of Califomia
County of Monterey
onIl;oe 1 Zc;Z\ before me, rC b\:c
personally appeared Se\ena- Y\e-< r
VAN ESSAPARADICE
who proved to me on the basis ofsatisfactory €vidence to be lhe penon(s) whos€ name(s) isiare subscribed lo the wilhin instrumenl and acknowledged to me lhat hejsheithey executed the same in his.fteritheir authorized capacity(ies), and that by his/her'lheir siBnature(s) bn the instrument the person(s), or the entity upon b€halfofwhich the person(s) acted, executed the instrument, COMM #2 641
ARY PIJI}TI( CATIIORNIA
Molliilt! TOUNTY
,202t
irl, Comnl [xPrcs sept 3
WITNESS my
v
and oflicial seal
Signature
ADDITIONAL OPTIONAL INFORIVIATION
'litle or Description ofattached document: SXo-\evr.er* o{ G"oX -ta*n LQfo< t €-. Loca.\ \\i. r eDocument Date: uo€ ZL-L \ Number of Pages: .ONLCapacity(ies) Claimed b1' Signer Capacity(ies) Claimed by S Signer's Name:
o Individual
Signer's Name:
o lndividual
o Corpora
tr Partner
te Ofticer o Corporate Offrcer
tr Attomey-in-F
o Parher
o Attomey-in-Fact
o Truslee
o Other:
tr Trustee
o Other
I certiry under PENALTY OF PERJURY under the laws oflhe State of Califomia that the foregoing paragraph is true and conect.
Signer is repressnting_ Signer is representing_
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Selinas
Public Works Depertmert
(This information may be submitted wlth your proposal lf ll b nol, and you arc the opparcnt lot' Bidder or lhe second low Bldder, it rutst be submiaed and received by the Public Wotks Deparlrrunt no laur than ly1f,pg,.1lgySafier Bid opening dde)
ln conformance with Article IV to Chapter 12 of the Salinas Municipal Code, each Contractor and Subcontractor shall complete and submit this Strtement of Good Frith Effort.
Project Title: Mqrk8rzllo Mhin{erar.., } istac]r
Contractor (or S
Address: 3Z > Ave
5 i lviro Sarchez l.onJscqprrq
City,fu=& sate: cA zip q3qs5
I
Contractor 1or Subcontracror ( ) estimales that fifty percent (50%) or more of its workforce, for this project. meets the local hire requircments for this contract:
YesKl NoD lf'No", the epparetrt successful Bidder (low Bidder) and the second low Bidder shall completc and submit the following form ao the olfice at which bids wcre received co the informrtion is receivcd by thc Depertmcnt no l.tcr thrn @ElE8 after bid
I certify thrt thc informrtion contsincd in this form is true 8nd correct, to the best of (Plg$ sign rll pag4s) (Submitted under penolry of perjury, Salinas City Cde. Section I It lhorc{n ll NbrtoEucrani.l Dio?- Bco<veqp€r
l-1 - '&"t<+ ,Yoac t4a{ni rulc * P6l,lo, (H@ P.int)
my knowlcdge,
2-31 .)
+
Page_o{_
Allac h Nola q: A c k nowl edgme nt
R.liti& Irdt lt2J2L4r.,
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
Recruitrnent
For: Trade &
C lassifi carion
Number
of
Referrals
Requested
# of Local
Hires as
Result of
Co act
l\i\ Ftud Yot A. crnie.l.\ .\..tktl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ctvtL coDE q 1189 A nottsry public or other ofncer completing this certificate verfies onlythe ldentity ofthe indMdualwho signed the document to which this certjficate is atbched, and not the tuthfulness, acoJrdcy, orvalidity ofthat documenl State of California
County of
On before me,
lnseft Nome ond fde of the Ofrcer
personally appeared
None(s) of Signe1s)
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 acknowledged to me that he/she^hey executed the same in his/her/their authorized capacity0es), and that by his/her^heir slgnature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insfument )
Document Date:
Signer(s) Other Than Named Above
I certiry under PENALTY OF PERJURY under t}le
laws of the State of Califomia that the foregolng
paragGph ls true and correcl
NumberofPages:-
:
z4l\ l'4*riit
(v-.f.,
crioAct T. ri^iE
Notdry Public - C.hforni.
lront!rev CoLnry
(omntrion, 22601t 7
lry Coi'it. trpirel S.p 21, 2022 WTTNESS my and official seal.
Signa
Ploce Nototy Seol ond/or Stomp Abote
OPTIONAL
Completing this informotion con deter olterotion of the docu tor fruudulent reottochmont of this fom to on unintendad documenL Description of Aftached e
T"rde or Type of Document
ctspacity(ies) claimed by Si gner(s)
tr Corporate Officer - Title(s)
tr Partner - tr Limlted tr General
tr lndividual tr Atomey in Fact
tr Trustee tr Guardian of Conservator
Signer's Name
tr Corporate Ofiicer - Tltle(s)
tr Partner - tr Limited tr General
D lndividual tr Attorney in Fact
tr Trustee El Guardian of ConservEtor
D Other U UINET
Signer is Represenung SIgner is Representing:
@20l7 Nationa, Notary Assoclatlon
of Notory Public
Signer's Name:
STATEMENT OF GOOD FAITH EFFORT FOR LOCAL HIRE
For
The City of Salinas
Public Work Departmenl
(This inlormotion mo! be submined wilh your proposol. lf it is not, and you are lhe apparcnt low Bidder or lhe second low Bidder, it rutsl be submitled and receivel hy the Pubtic Wotks Deporlmenl no later than SruLlgg.lggaier Bid opening date.)
ln conformance with Anicle lV to Chapler 12 of the Salinas Municipal Code. each Contractor and Suhcontractor shall complete and submil rhis Statement ofGood Faith Effort.
Project l itlc Landscape Services for Monte Bella Maintenance District Cit): Salinas State:qL- zip: 93907
YesE No[] If"No", th€ apparent successf[l Bidder (low Bidder) and the second low Bidder shall complete and submit the following form to the otfice at which bids were received so the informrtion is received by.' the Departmert no la(er than lg&lgg after bid o in
I certif!' that the information contained in this form is true and correct, to the best of m! knowledge, cst !l pages.) bmitted unler penultt' al perjun'. Sttlinas Ci,r Co.lc. Sccriou l2-i l.t lsidro Hernandez president 061Mt2021
r k.t PoihD (nd.tc Prirt)
Atlach Nolon' A*nowledgment
Page_ol_
l.\i\ittD l) a t:10,tl l1^ tu llrt ltu t uni,.J o\ \n\t,,t Names and
address of
Local Hire (2)
as a Result of
Contact
Name and Address of
Local Recruitment
Source
Dare of
Recruit.
Contact
Pen;on
Contacred
and Phone
Recruitment
For: Trade &
Classification
Number
of
Refenals
Requested
# of Local
Hires as
Result of
Contacl
26 Contractor (or subcontractor [,1: Hemi's Landscaping and Concrete, lnc ,t,iarer.. 446 Boronda Rd
Contractor (or Subcontractor X ) estimates that fifty percent (50o/o) or mor€ of its workforce, for this projecr. meets the local hire requiremen$ for this contract:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certilicate is
attached, and not the truthfulness, accuracy, or
validity 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 officer)
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 correctWITNESS my hand and official seal RUBILTOX R {IRTZ Notary Public . C.l,fo.nid
Iont.rey County
Commrr$on, 224t4 /9
,ty Com,n. [4rer Jul t, 2022
Signature (Seal)
@
BIDDER'S LIST
FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This information ma.t he submitled wilh your proposal. If it is not, qnd.)'ou are the apporent low Bidder ot the second low Bidder, it must be submitted snd received by lhe Public lfor*s Depdrlment no later thon j wqlLitg_llqr aftet Bid opening date.)
All Bidders are required to provide the following information for all DBE and non-DBE contractors who provided a proposal, Bid, quote. or were contacted by the proposed prime. This information is also required from the proposed prime Contractor and must be submitted with their Bid/proposal. In order for the City of Salinas to conform with Federally-Mandated DBE Program Biddes List, it will use this information to maintain and update a "Bidders List" to assist in the overall annual goal DBE goal setting process.
Firm Name: Smith & Enright Landscaping, lnc phone 831-758-6766 Address: 540 Work St Suite C
Salinas, CA 93901 License No.. 757700
DIR Reg istration No.: 1000011127 Exp Date:06/30/23
Contact Person & Title: Selena Henin, General Manager No. ofYears in Business:37 Is the firm currenlly certified as a DBE under the new regulations (49 CFR Part 26)? lYes Type of worUsewiceVmaterials provided by firm: Landscape lnstallation & lvlaintenance A"
What were your firm's Gross Annual receipts for last year? Lessthan$lMillion
Less than 35 Million
Less than $10 Million
Less than $15 Million
More than $15 Million
I declare under penalty of perjury under the laws of the Sta Califomia that the foregoing is true and corTect.
SICNED:
/Date)
This tbrm ma1 be copied as needed to repon all Bidders (DBEs and non-DBEs) information
SEE ATTACHED
NOTARY CERTIFICATE
06107t21
Rd\rot l)ate ll 11 lFax: 831-758-5589
X
CALI FORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Calilomia
County of Monterey
'..<-
on JOoe t 2|,2 \ before me rC olo{ b\ic
personally appeared te\a,na He-< c'.
rvho proved lo me on the basis ofsatisfactory evidence to be the person(s) rvhose name(s) isiare subscribed to the within ins(rumenl aod acknowledged to me that heisherthey executed lhe same in hisftrerlheir authorized capacity(ies), and thBt by hiyher lheir signature(s) bn the insttument the person(s), or the entity upon behallofwhich the person(s) acted, esecuted the instrument.
I certifo under PENALTY OF PERIURY under the laws ofthe Stale of Califomia that lhe foregoing paragraph is true and conect. and ollicial
Signature
C .(l.&1 $2\i
Document Date: \Jn€ -Lr-'Z t Number of Pages: .ONL -
Capacity(ies) Claimed by Signer Capacity(ies) Claimed by Sig Signer's Name:
o lndividual
Signer's Name
o lndividual
o Corporate Officer
o Partner
o Corporate Oflicer
o Anomey-in-F
o Partner
o Attomey-in-Fact
o Trustee
s Other:
tr Trustee
o Other
A notary publia orother ofricer comphting thls certificate verifies only the identity ofthe individualwho iigned the document to which this cenificate is anached,and not the truthfulness, accuracy, or validity of that document WITNESS my
ADDITIONAL OPTIONAL INFORMATION
Title or Description of anached docu-"nt, B..d\Zrt L.=* Qor tVra Signer is rcpresenting_ Signer is representing_
BIDDER'S LIST
FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This inlomrotion ,rroy be sabmiaed with yoar proposaL If it is nol, and you arc the opporcnt lo*, Bidde? ot the second lob, BiddeL il ,nusl be submitled ond received by the Public llork Depaanent no later lhan 5 wor*inp davs after Bid ooeninp dote.)
All Bidders arc 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 submined with their Bid/proposal. ln order for the City ofSalinas to conform lvith Federally-Mandated DBE Program Bidders List, it will use this informalion to maintain and update a "Bidders List" to assist in the overall annual goal DBE goal setting process.
FirmName: gilvino=rr-rhe-z- f51pd:copn4 phone: OBI- 5Zl -3)gz Address: Fax:
*tsrJ. cA q3qSS License No to()<13qzLC,xJ.'7ZG*6 Fvp. Date: zi Contact Person & Titl tlavioEt{Al(l Dioz- Bcr<<ep.r No. of Years in Business Is the firm cunently certified as a DBE uMer the new regulations (49 CFR Part 26)? [Yes Fu" Type of worUserviceVmaterials pmvided by firm Tfe-.e- Worvt i \a"ds L What were your firm's Gross Annual receips for last year? X Less than $l Million
Less than 35 Million
Less than $10 Million
Less than $15 Million
More than Sl5 Million
I declarc under penalty of perjury under the laws of the S of that the forcgoing is true and corTect
SICNED
(Date1
This form may be copied as needed to report all Bidders (DBEs and DBEs) information. 06 ol
Pa$tNIb,.ll l7 11
21 3zB Pober4s Ave
DIR Registration No.:
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvlL coDE 5 1189 A notary public or other oificer completjng his certificate verifies onlythe identity ofthe individualwho signed the document to which this certificate is att"ched, and notthe truthfulness, accurdcy, or validity of that documenl before me,
personally aPpeared
None(s) of Signels)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) ls/are subscribed to the within insUument and acknowledged to me that he/shethey executed the same in his/her^heir authorlzed capacity0es), and that by hls/her^heir slgnature(s) on the instrument the person$), or the entjty upon behalf of which the person(s) acted, executed the insfumenl )
CANOACE T, H^RT
Notlry PLrblic. C.tilornit
floniarey Counry
Commi$ion, 2260117
xy Con.n. trpir.! 5.p 21, 2012
I certiry under PENALTY OF PERJURY under the
laws of the State of Califomla that the foregoing
paragGph is true and conect
N umber ofPages:-
WITNESS my h and oficial seal
Signtsture
Ploce Notdry Seql dnd/or Stomp Above
OPTIONAL
Completing this informotion con deter olterotion of the document or ftoudulent reottochment of this form to on unintended documenl Description of Attached Do
Trtle or Type of Document
Document Date:
Signer(s) OtheI Than Named Above:
Capacity(ies) Claimed by Signer(s)
tr Corpordte Offcer - Itle(s):
D Partner - tr Limited tr General
tr lndividual trl Attomey in Fact
tr Trustee tr Guardian of Conserwtor
D Other
Signer is Represenung
Signer's Name
Et Partner - D Limited tr General
tr lndivldual tr Atomey ln Fact
tr Trustee tr Guardian of Conservator
tr Other
Signer is Representing:
Nototy Public
@2017 National Notary Assoclation
State of Californla
County of
On
(_
Dote zt+{ere /nse,'t Nome ond Tttle of the Oficet Ul^rrn O\nzr\vl'\ )rurz .
Signer's Name:
tr CorporaG Officer - T'rtle(s):
BIDDER'S LIST Landscape ssMces ror NonrrEasr Manrenance o,srncr FOR
THE CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
(This infotmotion nmt be submitted with )'olt ptoposol. lf il is not, and J-ou ore the apparcnt low Bidder ot lhe second lots Sidder, it mast be submifled and rcceived b.y the Public Worhs Departngnt no latet ,han iglljlgllgltafer Bid opening datz)
All Bidders are required to provide the tbllowin-s infonnation 1br all DBE and non-DB[. contractors who provided a proposal. Bid. quote, or werc conacled bv the proposed prime. This inl'onnalion is also required from the proposed prime Contractor and must be submitled with $eir Bi&proposal. ln order lbr the City oiSalinas ro confbnn ryith Federally-Mandated DBE Program Bidders List. it will use tl'ris informarion to rraintair and up.late a "Bidders Lisr" to essist in lhe overall annual goal DBE goal setling process.
I irm Name: Hemi's Landscaping and Concrete, lnc phone: 831-594-61 82 ,\dJre.s: 446 Boronda Rd Far
Salinas, CA 93901 I icerse No.: 903795
l)lR Registration N0.: 1000020090 Exp . Darc: 06/30/23
( ontact Person & Iille lsidro Hernandez - President No. of Years in Business:_ Is the firm currently cenilied as a DBE under the new regulations (49 CFR Part 26t? [Yes ElNo Tvpe of worlosen'ices/materials provided brv firm: Landscapinq and Concrete \\'hat u,ere rour finn's Gross Annual receipts lbr last y. ear? LessthanSl Million
Less than $5 Million
t-ess than Sl0 Million
Less than Sl5 Million
More than S l5 Million
I declare under penalty of perjury under the laws
corlect.
SIGN
of the Stare ol'Calilbrnia that the lb oing is true and / Dutc)
This form rnay be copied as needed lo report all Bidders (DBEs and non-DBEs) intbrmation )7
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 documenl.
State of California
County of MONTEREY )
on JUNE 4, 2021 before me, RUBI LEON RAMIREZ - NOTARY PUBUC (insert name and title of the officer)
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.
RUStltod nr,.trtz
i.taty lubli( . C.hforni.
lont.r?y Coumy
Cornmitrioo, 224t.179
ty Comn. trpirer Jul 1, 2022
Signature (Seal)
-'6'ar--\ /-L."4 w
PART B _
SUCCESSFUL BIDDER'S CONTRACT DOCUMENTS TO BE
SUBMITTED AFTER PROJECT IS AWARDED
l8
(c) 'l'he name and title ofall individuals signing for 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, proof ofauthorization shall be established (pursuant to Corporations Code Section 313) ifone ofthe corporate officers Iisted in column A below and one ofthe corporate officers listed in column B below both sign the documents.
Chairman ofthe Board Secretan,
or or
President AND Assistant Secretarv
or or
Vicc Presiilent Chicf Financial Officer
or
Assistant Treasllrer
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) If the Bidder is any legal entity other than an individual or corporation, documentation must be submined which establishes that the individuals have the legal authority to bind the legal entity of the Bidder.
ll
29 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 name of the Bidder (examples: individual, sole proprietorship, general partnership, limited partnership, or corporation). (G) Ifthe legal entity is a Limited Partnership, a Certificate of Limited Partnership (State form [,P-l) is sufficient to establish the authority ofa single General Partner to bind the Limited Partnership. (H) lf the Bidder is a General Partnership, a Certificate ofGeneral Partnership or General Partnership Agreement is sufficient to establish the names ofall general partners ofa General Partnerchip. (l) All general partners must sign the documents, unless proof is submitted which authorizes an individual partner to bind the other general partners.
(J)
(K) lfthe individual or individuals signing the documents are signing on behalfofan entity other than the Bidder, and that other entity is authorized to bind the legal entily 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.
BI I)D T]R'S/('ON'I'RAC'I'O R'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
A bond executed by an admitted surety insurer, made payable to the City in the form of the bonds in the Contracl documents. The Power of attomey for the attomey-in-fact ofthe surety must be curent, contain an aulhorization to bind for at least minimum dollar amount ofthe bond, and be attached to the bond. The signature of the attorney-in-fact must be notarized.
t0
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. c. A ce(ified check made payable to the City
Bond Number: PR2730382
PAYMENT BOND
(LABOR AND MATERIAL BOND)
(To be compleled and submitled afret project award)
KNOW ALL MEN BY THESE PRESENT. that WHEREAS. the Cilv Council of the Citv of Salinas.
Monterey Counly. State of Califomia. by Resolution No. 22149 (N.C.S.) passed June 8 .2021 , has been awarded to
Smith & Enright Landscaping, lnc. hereinafter designated as "Principal." a Contract for
LANDSCAPE SERVICES FOR MONTE BELLA MAINTENANCE DISTRICT WHEREAS. said Principal is required to fumish a bond in connection and with said Contract. provided that if said hincipal or any ofhis/lrer or its Subcontractors shall fail to pay for any malerials, provisions, provender or other supplies or teams used in. upon. for or about the performance for the rvork Contracted to be done for any work or labor done thereon ofany 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 lo fumish a Bond for the faithful performance of said Contract;
Now. therefore. We. the Principa1-6 Platte River lnsurance Company as Surety. are held and firmly bounded to the City of Salinas. Monterey Countv. Califomia- in the penal sum of One Hundred Forty Three Thousand Eight Hundred Twenty and 00/'100 ($ 143,820.00 ) Dollars, lawful money ofthe United Stales. being not less thut U!%. of the eslimated Contract cost of the work. for the payment of which sum well and truly to be made, we bind ourselves. our heirs, executors, administralors. and successors. jointly and severally. firmly by these presents.
THE CONDITION OF THIS OBLICATION IS SUCIL that if said Principal, or any of his/her heirs, executors. administrators, successors. or assigns shall fail to pay for any materials. provisions. provender. or other supplies or teams used in. upon. for. or about the performance ofthe work Contracted to be done. or for any work or labor thereon of any respect to such work or labor. as required by the provisions of Division 2. Part l, Chapter 5 ofthe Public Contracts Code ofthe State of Califomia. and provided that the persons, companies, or other supplies. teams, appliances. or power used in. upon, for, or about the performance ofthe work contracted to be executed or performed. or any person. company. or corporation renting or hiring teams, implements. or machinery ofpower for or contributing to 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 Government Code. then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth. and also will pay in case suit is -it
brought upon this bond, such reasonable aftomey'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 e illed to file claims under said Govemment 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 that no change, extension of lime, 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 lime, alteralion. or addition to the terms ofthe Contract, to the work. or to the Specificalions.
IN WITNESS WHEREOF, the above bond parties have executed this instrument under their seals this 12 day of .lutv .20a . he name and
corporate seal ofeach corporate party being hereto affixed and these presents duly signed by its undersigned representative; pursuant to authority of its goveming body.
Principal Name. Smith & Enright Landscaping, lnc
Address. 540 Work St., Ste C
*?iFffiii3"'
Salinas, CA 93901
(Atlach Nolan Acknowledgment ) Bv?oLffi,cro
(Attach Notary Acknowledgment )
r7*
Bv:
B1
Br
(Siknat/t. in htue inl)
S urety Name' Platte River lnsurance Company
Address. P.O. Box 5900
Madison, Wl 53705-0900
,,.;
Chris Eley, Attorney-ln-Fact
(SiEndu. in bta. int)
Jason Jenkins, Attorney-ln-Fact
(Siputute in blu.inl)
32 STATE OF ARKANSAS
COUNTY OF Saline
)
)ss.
)
ACKNOWLEDGMENT
day, personally appeared before me,
me to be the person whose name is subscribed to
^ BE IT REMEMBERED. on this (')^;^ ,F /4^ . known to
theloregoin-g as@rney-in-fact, and acknowledged that he executed the same for the purposes therein contained.
WITNESS my hand and official seal this I 2 day of lu* .2021. or Notarv Pub
My Commission Expires: December 9. 2025
(SEAL)
XIMBERLY LYNETTE SOHL
Notary Public _ Arkanlas
S.llne County
Commitsion , 12696366
My Commjssion ExPires 0e4 9, 2025
STATE OF ARKANSAS
COUNTY OF Saline
BE IT REMEMBERID. on this
\aso,, \aJz,;-. . kno\'n to
ACKNOWLEDGMIlNT
day. personally appeared before me,
me to be the person whose name is subscribed to
)
)ss
)
th($regoing f,Jattomey-in-fact. and acknowledged that he executed the same for the purposes therein contained.
WITNESS my hand and official seal this i2 day of \J-r^ . ZOZ| U
otary Pub
My Commission Expires: December 9, 2025
(SEAL)
o
(IMBERLY LYNL L IE )UFL
Notary Public' Arkinsas
5.line Cou^tY
.^mmrilion # 12696366
co;;rssron ExPrres oec 9' 2025
CALI FORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State ol Calilbrnia
County of Monterey
On 5..,\ t5 7oz t b"ror" r". LLnz ?ubl;c
personalll appeared (ic\rarA L Enr 'a]rd.
uho proved to me on the basis ofsatisfactory evidence to be the person(s) $hose name(s) is/are subscribed to the $ithin instrument and acknowledged to me that he/shefthe) executed the same in his/her/their authorized capacity(ies). and that by his/herllheir signature(s) on the inslrumenl the person(s). or the entit) upon behalfofwhich the person(s) acted. executed lhe inslrument.
VANE
COM
PUBLIC . cAl-lt0Rl{ll IIOTARY I certili under PENALTY OF PERJURY under the laus ofthe State of Califomia that the foregoing paragraph is true and correct. M0$Tt RtY coutll'l My Comm. [xp{8s Sept 3 ,2021
WITNES
Signature
S rnr h d and ofticial se
srs..to.. ol r\or$ P!b|!
ADDITIONAL OPTIONAL INFORMATION
Title or Description of attached document: \o
Documcnt Date \)- Oo.t-a Number ot' Page s: -\D3 -
Capacity( ies) Claimed by Signer
Signer's Name
o Individual
Signer's Name
o Individual
tr Corporate Officer o Corporate Officer
tr Partner
o Attorney-in-F
tr Partner
o Attorn Fact
o Trustee
o Other: er
Si er ls representrng
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 aftached, and not the truthfulness, accuracy, or validity of that document Capacitl-'( ies) Claimed by Signer
Signer is representing _
IC\OW ALL MEN BY THESE PRESENTS. That thc PLATTE RIVER INSURANCE COMPANY. a corporation ofthe Srare of Nebraska. haling irs principalomces in the City ofMiddleton, Wisconsin. does mak€. codstirule aIId appoint PL,{TTE RIYER INSUR{NCE CONIPAN}'
POWER OF ATTORNEY
Locl( Fields
PR2730382
II_.\ I',l lt RIvER I\SL R.\\( E ( O\lP.{\\
----- CHRIS ELEY; AMELIA MCS}IANE: JASON JENKINS-------- its true and lawful Atromey(s)-in-fact, to mak€, execute, seal ard deliver for and on its behali as surety. and as its act and deed. any and all bonds. undertakings and coDtracls of suretyship, provided that no bond or undenakiDg or contracl of suretyship exffut€d under this authority shall exceed in amomt the sum of ----ALL WRITTEN INSTRUMENTS lN AN AMOI,NT NOT TO EXCEED: $20.000.000.00 -.- This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board oi Directors of PLATTE RMR INSURANCE COMPANY at a meeting duly called and held on the 8th day of January. 2002. 'RESOLVED, ftat the President, Executive vice PrcsideD( Vice Pr€sident, Secretary or Treasuer, acting individually or otherwise, be and they hereby are grantcd thc power and authorization to appoinl by a Powcr of Atlomey for the purposcs only of cxccuting and attcsting bonds and undcrtakings. and other writings obligatory in the nature thereof. ooe or more resident vice-presidents, assistant sccretaries and attomey(s)-in-fact, each appoint€e to have lhe powers and duties usual to such offices to the business ofthis companyi the signature of such ollicers ard seal ofihe Company may be afl'ixed to any such powcr of attomcy or io any cerlificalc rclating thereto by facsimilc, and any such power of atlomcy or certificate bcarinS such facsimilc signaturcs or hcsimilc scal shall be valid and binding upon rhe Company, and any such power so executed and cenified by facsimile siglatures and facsimile seal shall be valid and binding upon the Company in the futur€ with respect to any bond or undenaking or other writing obligatory in the nature lhercof to which it is attached. Any such appointmeot may be revoked, for cause, or without cause, by any ofsaid otTicers, at any time." In conncction with obligations in favor of thc Florida Dcpanmcnt of Transportation only. it is agrced that the powcr and aulhority hercby grven to the Attomey-in-Fact includes any and all consents for the release of retained p€rcentages and/or final €stimat€s on engineering and construction contracls required by rhe State of Florida Depanment of TraDsponatioo. lr is fully undersrood that conseotirg to the State of Florida Department of TraNponalion making paymcnt ofthc final cslinrate to lhc Contraclor and/or its assignee. shall not rclicve this surcly company of any of its obligations undff its bond.
In connectron with obligations in favor ofthe Kentucky Departmen! ofHighways only, it is agr€ed that the power and authority hereby Siven ro the Attomey-inFact cannot b€ modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Departm€nt ofHighways ofthe Commonwealth of Kentucky at least thirty (30) days prior lo the modificalion or revocation. lN WITNESS WHEREoF, the PLATTf, RMR INSURANCE COMPANY has caused lbese presents lo be signed by its o{ficer undersigned and its corporate seal to be herelo aflixed duly attesled, this lst day ofJa[uary. 2020.
T Atlrsti (cfi
STATE OF WISCONSIN
COTNTY OF DANE
Ryan J- Bl.rnes
Se or Vice President.
Chief Financial O0icer and Treasurer
-)5r)"prt"tt ;ri Suo$UY*
=..S#%
2 TSEALT j
,,j,,m#-s
Johr l- Sennott Jr
Chief Execurive Omcer and President
David J. Regele
Nolary Public, Daoe Co.. WI
My Commission Is Pcmrancnl
STATE OF WISCONSIN
COUNTY OF DANE S.S.
On thc ls! day ofJanuary.202o beforc mc pcrsonally c.mc John L. Sennott, Jr.. to mc known. who bcing by mc duly swom. did deposc and say: that he resides in the County of Hartford, State of Connecticutt that he is Chief Executive Officer and President of PLATTE RIVER TNSURANCE COMPANY, the corporation desc.ibed in and which executed the above instrument; that he knows lhe seal of the said corporation; that the seal affixed to said instmment is such corporat€ s€ali that it was so affixed by order of the Board of Directors of said corporation and lhat he siSned his name thereto bv like order
(2-^*1.{<---^-
lefr
]
]
I. the undelsigned. duly elected to the olfice stated below. now the incumbent in PLATTE RI\ER INSURANCE COMPANY. a Nebraska Corporarion. authonzed to make this certificate, DO HEREBY CERTITY lhat the forEgoing attached Power of Atlomey remains in full force and has not bcen revoked: and funhermore. that the Resolution of the Board ofDireclor. set fonh in the Power ofAtlome! is now in force.
Signcd and scalcd at rhc City ofMiddlcton. Slatc of Wisconsin rhls 12 day of J uly zoZ-.
SEAL fuirryu.r
An&ew B. Diaz'Matos
Senior Vice PrcstdeDt, General Counsel and Secrcrarv
THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU AUTHENTICITY OT THIS DOCUMENT CALL 8OO-475.4450.
HA\'E ANY QUESTIONS CONCERNINC THE
PR-ePOA-M (R.v. 0l-2020)
K-t-l t*s e
Suzrrne M. Broadbent
Assistanl Secretary
ro Ar
SS:
BOND RIDER
ATTACHED TO AND FORMING A PART OF:
Bond Number: PR2730382
Bond Amount: $143,820.00
Principal: Smith & Enright Landscaping, lnc
Obligee: City of Salinas
Surety: Platte River lnsurance Company
Effective 711212021 it is agreed that:
It is expressly understood that the contract award date is amended lo be 612212021 .
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements 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
By SEE ATIACHED
NOTARY CERTIFICATE
Surety 3 Platte River lnsurance Company
By
Chris E orney-ln-Fact
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
CALIFORNIA ALL-PLIRPOSE
CERTIFI CATE OF ACKNOWLEDGMENT
Sute of California
County of Monterey
On U u before me. I OL.\ apersonally appeared
APR ILWILSON
who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inslrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and Ihat by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted. executed the instrument.
COMM .#22a7063
ARY PUBIIC - cAtlf0RNlA
1,101'lltRtl COUNTY
2023
I cenifi under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. Comnl. fxpiles ttav 28 WITNESS my hand and official seal.
Signature (,-.'"1'--
Srsnlor.of Noro Plblc
ADDITIONAI, OPTIONAI, INFORMATION
Title or Description of attached document: 'r4r, , \a-fi o,r -fo 6il- " 6"nr1(ir)lr'' Document Date: ? lzz/zr Number of Pages:-/61-,
cap ty(ies) Claimed by Signer Capacity(ies) Claimed by Signer Signer's Name:_
u Individual
Si
tr
tr
D
tr
tr
's Name:
I ividual
orate Officer tr
P
A -in-Fact o Attomey-in-Fact
o Trustee
o Other:
T
o Other:
S igner is representing_ Signer is representing_
Lock Fields
PLATTE RIVER INSURANCE COMPANY PR2730382
POWER OF ATTORNEY
i SEAL
.{,1-t t*s e
John L Sennotl. Jr
Chref Execulrve Oflicer and Presrdent
rz--*q.a--rDavid J Regele
Nolar.v Public. Dane Co. Wl
My CommBsion ls Permanenl
XNOW ALL MEN a)' THESE PRESENTS, Thar the PLAI'Tf, RIVf,R l\SURANCf, COMPAl-]'- a corporation of lhc Slate of Nebraska. having 'ts
pflncrpal oflces in thcCrty ofMiddleton. wisconvn. does make. constrtuleand appornt its trueand lalYful A (omey( s)-in-facl, lo make, execule. seal and deliver for and orl itsbehall as sureg'. and as ilsactand deed, an! and allbonds. undertaklngs and contncts of suretyship. provided that no bond or unden ling or contiacl of suretysh rp executed under thrs authority shall exceed in amounl lhe sum of CHRIS ELEY. AMIiI,IA MCSIIANI]. JASON JENKINS-----------.--.-..-.-- -.ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT 'TO EXCEED $2O.OOO.OOO OO ----------- Pt-,\TTf, RI\ T:R I\ST'R,\I( I: ( O\IPT\}
This Power of Anomey is granted and rs signed and s€aled by facsimile under and by the authoflty of the lbllo*1ng Resolurion adopted by the Board of Directors of PLITTE RryER INSURANCE COMPANY at a meetrng duly called and held on dle 8$ da). ofjanuary. 2002 'RESOLVED, that 0le Presidenl Executive Vice Presiden! Vice Presideo( Secrelary or Treasurer, acting individually or otherwise, be and they hereby are granred the power and authorization to appoint by a Power of Anomey for the purposes only of execuling and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more residenl vice-presidenls- assislant secretaries and altomey(slin-fact, each appointec to have lhe powers and duties usual to such ollices to the busrness oflhis company; the signature of such orhcers and sml ofthe Company may be affl\ed to any such power of attomey or to any cenificate relating thereto by facsimrle, and any such power of attomcr" or cedificare bearing such facsimile srgnaturcs or facsimile senl sha,l be valid and binding upon the Company, and any such power so executed and cenilied by iacsimrle signatures and facsimile seal shall be valid and binding upon the Company in the future with resp€ct to any bond or undertaking or other *riting obligatory in the nature thermf to which il is attached Any such appointment may be revoked. for caus€, or without cause, by any ofsaid officers. at any lime." ln connection *1lh obligations rn favor of the Floflda Depanment of Transporlation on\'. ir is ageed thar the po$.er and authoritv hereb! given to the Anomey-in-Fad includes an-v and all consents for fte release of relarned percenhges and/or final estrmates on engineenng and construc0on conrEcts rcquired by the Srate of Florida Depanment of Transponalion. h is fully understood thal consenting to the State of Floflda Department of fransportatron making payment of the final estimate to the Contractor and/or its assignee. shall nol relieve this surety company ofany of its obligations under its bond In connection with obligations in favor ofthe Kentucky Deponment ofHighways only, it is agreed that the power and authority hereby g,ven ro the Attomey-inFact cannot be modified or revoked unless prior written personal notice of such intent has been given lo the Commissioner - Departrnent of Highu"vs of the Commonwealth of Kentucky at le3st thrnv (10) days prior to the modificalion or revocation lN WITNESS WHf,Rf,Of, the PLATTE RIVER INSURANCE COMPANY has caused these presents ro be signed hy irs olficer undersiSned and its corporate seal to b€ hereto amxed duly attesled.lhis lst day ofJanuary, 2020. **'
fiT (tRyan J. Bymes
Senror vice President.
Chref Frnancial Oficer and Treasurer
-}t-f,r,,.r -n S-ro$uY*
Suzanne M Broadbent
Asslstant Secretan
STATE OF WISCONSIN
COUNTY OF DANE
STATE OF WISCONSIN
COUNTY OF DANE
$#i ={a#d-
]
SS
On the Ist day ofjanuary,2o20 before me personally came John L Sennott. Jr. to me kno$n. who berng by me duly swom. did depose and say fiar he resides in the County of Hanfurd. Statc of Connectrcut: that he is Chref Execuive Officer and Presadent of PLATTE RIVER INSURANCf, COMPANY, the corporation described in and which executed the above instrumenl. that heknows(he seal ofthe sard corporation: that the seal aiTixed to said instrument is such corporale seal. that it \ ?s so aiTixed by order of the Board of Directors of said corporation and that he si8ned his name therelo b_t like order
SS
Signed and seal€d at $eCity ofMiddleron. Stare of Wisconsmthis l, the undersigned. duly elect€d to the olfice stated belo\ now thc incumbent in PLATTf, RMR INStTR NCf, COMPANY, a Nebraska Corpomtion. authonzed to make this certificate, DO HEREBY Cf,RTIFY that the foregoing attached PowEr of Atomey remains in fult force and has not been revoled: and furthermore. that lhe Resolution ofthe Board ofDarectoB. set forth in the Power ofAnomey is now in force day of July 1rL
SEAL
,,i t
ryn.
nvw /6
Andrew B- Diaz Malos
Scnior Vice Presid€nt, General Counsal ard Secreran
THIS DOCUMENT IIAS BEEN CENERATED FOR A SPECIFIC BOND If YOU A(JTIIENTICITY OF THIS DOCUMENT CALL 800.475-4450
HAVE ANY QUESTIONS CONCERNING THE
PR{POA-M (R.v 0l-2020)
I
STATE OF ARKANSAS
COUNTY OF Saline
purposes there
)
)ss.
)
BE IT MBERED, on this day, personally appeared before me, known to me to be the person whose name is subscribed to going -in-fact. and acknowledged that he executed the same for the WITNESS ml hand and olllcial seal this ^ZJ day or l,,-to r Notarv Public
My Commission Expires: December 9. 2025
(sEAL)
.2021.
XIMBERLY LYNElTE SOHL
Notary Publlc _ aakanlas
Saline CountY
Comnlrrion # 12696366
,ly Committion Explrat 0e< 9, 2025
ACKNOWLEDGMENl'
r
U
THIS AGREEMENT. made and entered into this
by and between the clTY oF SALINAS, a munic
"City", and Smith & E
ipal corporation ofthe State ofCalifornia, hereinafier called hereinafter called "Contractor".
22nd dav of .lune 2t,
n
WITNESSETH
FIRST: Contractor hereby covenants and agrees to fumish and provide all labor, materials, tools, appliances, equipment, planl, transportation, and all other things required or necessary to be furnished, provided or done, and build, erect, construct, and complete the work at the time and in the manner provided, and in stricl accordance with the Plans and Specifications therefore, for
LANDSCAPE SERVICES FOR MONTE BELLA MAINTENANCE DISTRICT a, Notice Inviting Sealed Proposals
b. Signed and executed Bid and Proposal ofContractor, and if any signed Addendum, as rcc€pted by City
c. Bidder's Statement of Financial Responsibility, Technical Ability and Experience d. Bidder's Statem€nt of Subcontractors - Part I
e. Bidder's Statement of Subcontractors - Part II
f. lnsuranceCertification
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 amended, or otherwise indicated in the specifications and m. this Agreement.
TIIIRD: 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 Agreement, and as set 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 difliculties or obstructions which may arise or be encountered in the prosecution of the work until the acceptance thereofby the City of Salinas, 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 set 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 repeated herein.
AGREEMENT
(To be completed and submittedfor pruject award)
SECOND: [t is expressly understood and ageed thal this Contract consists ofthe following documents, all of which are incorporated into this Agreement and made a parl hereof as fully and completely as if set forth herein verbatim, to wit:
The Contractor and City hereby agree that the Contractor shall perform the work, and be paid the amount of bid items No. I specified in the Proposal ofthe Contractor, for the as total price of One Hundred F Three Ei t Hundred Twen ($ 143,820 ) Dollars
The undersigned Contractor further agrees to so plan the work and to prosecute it with such diligence that said work, and all of it, shall be completed on or before the expiration of the time specified in the Proposal after execution ofthe Contract on behalfofthe City ofSalinas and the receipt fiom the City ofSalinas ofa Notice to Proceed with lhe 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 referred to, for the price aforesaid, and hereby Contracts Io pay the same aI the time, in the manner, and upon the conditions set forth in the Specifications and the said parties, for themselves, their heirs, executors, administrators, successors. and assigns, do hereby €ree to the full performance ofthe covenants herein contained
SIXTH: The Contractor shall keep harmless and indemni! the City ofSalinas, its officers, agents, and employees from all loss, damage, cost, or expense that arises or is set up for infringement of patent rights of anyone for use by the City of Salinas, its officers, agents, or employees, or articles supplied by the Contractor under this Contract of which he/she is not entitled Io use or sell. Contractor agrees to, at his/her 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 accounl ofany claimed infringement ofpatent rights, arising out ofthis Agreemenl
Contractor shall indemnifo and save the City of Salinas, its officers, agents, and employees harmless against all claims for damages to person or property arising oul of Contractor's execution of the work, or otherwise by the conduct ofthe Contractor or its employees, agents, Subcontractors, 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, atlomey's fees, and liability incuned by the Cily, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not, except only those claims arising from the sole negligence or willful conduct ofthe 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 officers, agents, or employees.
Contractor shall reimburse the City ofSalinas for all costs and expenses (including but nol limited to fees for architects, engineers, attomeys, and other professional and court costs) incuned by the City in enforcing the Provisions of this Section.
SEVENTII: The Contractor agrees 1o immediately repair and replace all defective material and workmanship discovered within lgg4 afier acceptance offinal payment by Contractor and to indemnifr said City of Salinas against all loss and damage occasioned by any such defect, discovered within said @, 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 FIFTH: No interest in this Agreement shall be transferred by the Conlractor to any other party, and any such transfer shall cause the annulment ofthis Contract, so far as the City of Salinas is concemed. All rights ofaction, however, for any breach ofthis Contracl are reserved to City. within said I vear, 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 specified in Aftachment A 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 l.
Apprenticeship utilization: The Contractor agrees to comply with the Department of Apprenticeship Standards ofthe California Labor Code Section 1777.5 and the following:
Prior Io commencing work on the awarded contract, the Contractor shall submit conlract award information (form DAS 140) to all applicable apprenticeship program(s) that can supply apprentices to lhe site ofthe public work. A copy ofthis informrtion 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 ofjourneyman work.
At the end of each montb of work on the contract, the Contractor and Subcontractors shall submit a record of utiliz:tion of apprentices for the previous months work.
Within 60 days after concluding work on the contract, each Contractor and Subcontractor shall submit to the City of Salinas and to the apprenticeship program a verilied statement of the journeyrnan 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 respect to person(s) hired directly by the Contractor and all persons hired by the Conlractor's Subcontractor(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 instrument to be executed the day and year first hereinabove written.
CITY F LINA ,AM ipal Corporation
ATTEST:
Citv Clerk
B
May
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*.?ffisltfii''k* 51o Wott., 5h
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(Attach Notary Achnowledgmenl) Conlruclot (signature in blue ink) NOTE: Please refer to the "General Instructions to Low Bidder" for specific signature requirements.
I here the form
"nD
of the foregoing Contract this day of
202!-.
Attomey for the City of Salinas
Checked by the City Engineer e -t- zt
C
ALL SIGNATURES SHALL BE NOTARIZED EXCEPT THOSE OF CITY OFFICIALS i6
CALIFORN IA ALL-PURPOSE
CERTIFICATE OF 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
C)n 5.,\ t5 7oZ t before me. labl;c
personally appeared 6lc\urA A. E nr,aWt/
VANESSA PARADICE
coMM. #2212641
II()IARY PUEIIC. CAI.If CiNIA
M0l{ltRtY C0lJftTY
My Comfl txprrss Sepl.3, li2l
who proved to me on the basis of satisfactory evidence Io be lhe person(s) whose name(s) is/are subscribed to the wilhin 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 lhe instrument the person(s). or the entity upon behalfof which the person(s) acted, executed the instrument.
I certifl under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is Irue and correct.
WITNESS my haq
\
d and o{ cial
Signature
5gn!ru. ol Ndrl Publk
ADDI TIONA L OPTIONAL IN FORM ATION
Title or Description of attached document t \o
Documenr Date: \\- Oo.k-q- Number of Pages: -\D3-
Capacity(ies) Claimed by Signer Capacity(ies) Claimed by Signer Signer's Name:
o Individual
S
tr
tr
tr
tr
tr
igner's Name:
Individual
o Corpora
tr Partner
te Officer Corporate Officer
Partner
o Attorney-in-F Atto Fact
tr Trustee
o Other:
Si er rs representrng Signer is representing
,-1
i;n
FILED
Secratary of Siate .
Siate of CEtiiamla {,;r7,
il0V 0 7 ACItjr
2Ol4 at Solinos, Colifornio.
RICHAR,D A Hf, Secretory
JAMES F. SMiTH cnd RICHARD A. ENRIGHT certify thotr
i. They are the Presicient, Secretory ond Chief Finonciol Officer, respectively, of SMITH ond ENRI6HT LANDSCAPE, fNC., o Colifornio corporotion.
2. The Boorcj of Directors of SMITH ond ENRI6HT LANDSCAPE, iNC. hos cpprovec the foilowing omendments to the Ar'ticles of fncorporotion:
3. ARTICLE i: NAME of the Articles of Incorporotion is omended to reod os follows:
I. NAME
The nome of the corporof ion is SMITH & ENRI6HT LANDSCAPIN6, INC. 4 The following shall be odded os Article VfII of the Articles of Incorporation:
The corporotion's issued shores of all closses will be held of record by not more thon 35 Dersons. This corporotion is o close corporotion.
5. These amendments have been opproved by the reguired vote of the shareholders in qccordonce wifh Corporotio^s Code Section 902.The corporotion hos only one closs ofshores. Eoch outstonding shore is enf itled to one vote. The totol numoerofshores issued ono oufstonding is 1,600 shores. Corporotions Code Section 158(b) requires ounonimous vote of oll outstond ing shares fo r the adoption of t hese omendments. The number of shores voting in fovor of the omendmen? equoled the vote reguired; the omenoment wos opproved 0y the offirmative vote of 1,600 shores, thot is, by the offirmotive vote of one hundred percent (100%) of oll the issued ond outstonding shares.
We declcre under penolty of perjury thot the stotements set forth in this certificote ore true ond correct of our own knowledge ond thot this declorotion wos executed on A
.A1 resident
ond Chief F croI Officer
3.01'0293!+
CERTTFICATE OF AMENDMENT OF
ARTICLE5 OF INCORPORATTON OF
SMITH ond ENRIGHT LANDSCAPE, INC.
2060{3?
i
-'.
ar
TRTICLES OF L\CORPORATIO\
OF
SIIITH and ENRIGHT LA]$SCAPE. INC.
2060d37
i:: r: r- |'l'-'J
i-':' i'
ilo'l 1 01997
""4\* i.- lI;i Saf#'ioiStslE
I. \A}{E
The name of the corporation is SIvII'-H and E\RIGHT LA\DSCAPE, NC.
II. PURPOSI
The purpose of this corporation is to engage in an1' Ia*'fuI act or activit) for u'hich a corporation ma;- be organ.z-'d under the General Corporation i-a* of Caiifomia other than the banking business, the trust compan) business, or lhe oractice of a profession permitted to be incorporated b1 the Califomia Corporation Code.
III. DIRECTORS
The number or Directors of the corporation is trvo (2).
I\I. I\ITIAL DIRECTORS
The names and addresses of the persons appointed to act as initial Directors are:
Richard A. Enright
,6 Hitchcock Road
Salinas. C.A, 93908
James F. Smith
16 Hitchcock Road
Saiinas, C.{ 93908
\:, AGE\T FOR SE OF PROCESS
l-ne name anci address in the State of the corporation's initiai agent for se:r':ce oi'process ls James F. Smith, 16 Hitchcock Road, Salinas. Califomia. s-?909.
Vt. STOCK
The cor.ooration is authorized to issue one ciass of shares rvhich shaii be desigilatec "common shares". having a total number of 2000 shares. \.II. \O PREFERE\CES. PRI\/ILEGES. RESTRICTIO\S
\o ciistinction shaii exist bet*'een the shares of the corporation or the hoiciers thereof.
I\ WIT\ESS WHEREOF. the undersigned. *'ho are the incorporators of lhis comoration. have executed these Articles of Incorporation on I . ." "-- - i . rsgi.
Riihard A. End
James F. Smith
DECLARATIO\
We cieclare that we are the persons who executed the above .Articles or incorporation and that this instrument is our act and deed. ]RECTOi
t
A.
a--
"James
_/
F. Smith l :3.14: l R
/
puBl-,rc woRKS CONTRACT AWARD TNFORMATTON (D.A.S.
140)
PUBLIC WORKS CONTRACT AWARD INFORTIIATION
cmlract award mlcftoEon rrust ba sent lo yotn A9prentcsshrp ccltrffe you are approve<t to tsam , you ole no( opfioved lo tran, you m0sl seid Ulc rntoflmtrcn (whrch nay be ths form) to ALL opdic€bl€ Apprentcoship Cqrrrtlb6 n your cratt or lrade n tha area of ttle sie of the trira work. Go lo: htF-/.\,r. .w dr c! gov/da9Publicwo.ksFdms htmlor nfdrmtdr abort p(ogrdy6 n your are€ and tra(b You nray 6lso consull your local &visroo of Apprentcoshp Siandaads (DAS) ofirce whosg tebphooo nLnb€a nEy be found n your locd drrectory uffbr Calfo.nl6, Stat6 of. lnd(tstral Relallons. Div6ion of Apprentceshrp $adards Do not eond this form to the Division of Apprenticeship Standards.
This is not a request for dispatch of apprentices.
Coatra,cto.s mug fi*e a separate reqrcst lor actud d$palch. n accqdance wlh Sec,on 230 l(o) Cahlona Cda ol Ragolal'otls Chec| One Of The tuxes &low
We are already approved to fain apprentices by the
2. Apprenticeship Commrttee for the duration of this job only Enter name oI lhe commrnee 3 We will employ and train apprentices in accordance with the Califomia ApEenticeship Council regulations, induding 5 230.1 (c)\etidr requires that apprentjces ernployed on public poeds can only be assigned to perform work ol the crafr or trade to \rhich he apprentice is registered and that the apprentices must at all trmes work with or under the direct supcrvision of jq.JmeymarvnEn.
SOoafu.e
TyWd N{r'E
Te
r)ole
Strl. ot C.litomia , O.p.rbrcnt ot lndu.t l.l Rala{or. OtVlslO OF APPRENITES}P STA}5AFDS
,t0
Appreflticeship Commitee. We will employ and t"ain under their Stardards. Enrer ^am. or th. co'nm n.€ We will comply with the standards ot tr
City reserves the right to modi! these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance. -r9
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 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 to the City.
4. A copy ofthe claims reporting requirements must be submitted by Contractor to the City.
5. If the sewices involve lead-based paint or asbestos identification/remediation, the Contractor's Pollution Liability policy shall not contain lead-based painl or asbestos exclusions. Ifthe services involve mold identification/remediation, the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
A ccepto h il it.y' rtJ I n s u rc r s
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating ofno less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Conhactor hereby agrees to waive rights ofsubrogation which any insurer ofContractor may acquire from Contactor by virtue ofthe payment ofany loss. Contractor agrees to obtain any endorsement that may be necessary to alfect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver ofsubrogation in favor ofthe City for all work perlormed by the Contractor, its employees, agents and subcontractors.
Ve rtcdion of Coverage
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 Io 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.
Subconlruclots
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13-
M ainl e n an ce of I nsutan ce
Maintenance of insurance 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 Circumslances
-_'t 8
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, hisfter/its officers, agents, representatives, employees, and,/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSTJRANCE
lf the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City
S e lf- I ns u r ed R etent i o n
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy Ianguage shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
A h er Inswance Pruv isio ns
The insurance policies are to contain, or be endoned to contain, the following provisions:
1. The City, its oflicers, oflicials, 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, leased, hired, or bonowed by or on behalf of the Contractor. Ceneral liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG l1 85 or both CG 20 10, CG 2026,CC 20 33, orCG 20 38; and CC 20 37 forms if later revisions used).
l7
Coverage shall be at least as broad as:
l. Commercial General Liability ("CGL"): lnsurance 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 projecVlocation (lSO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code I (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of Califomia" 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. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $ 1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis. __..rt o
AC-ORT)
1/a6/2021
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT; lf the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. IfSUBROGATION lS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endoEiemenl. A statement on lhis ceniticate does not confer raghls to the certificate holder in lieu of such endorsement(s).
!6avj'tt cenlraL coast Inaulanc€ s€lvic€s, Inc
Li.cenae *0G39781
950 East Blanco Rd, Suit€ 103
Sali.nas cA 93901
(831) 424-5404
su2ett6-chaconG leaw j,tt, coro
INSURERiS) AFFORDING COVERAG€
TNSURERA: Great Artrer.ican hsu.ance Coripany a16691
INSUREO
$,!ITS ! ET.IRIGET IANDSCATING, INC
540 work Str€6t *C
Salanas cA 93901-5005
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER: 20-21 Master REVISION NUMBER
THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSUREO NAMEDABOVE FOR THE POLICY PERIOO INDICATEO NOTWTHSTANDING ANY REOUIREMENI TERM OR CONOITION OF ANY CONTRACT OR OTHER OOCUMENT WTH RESPEC' TO WTiICH THIS CERTIFICAIE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALLIHE TERMS.
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE EEEN REDUCED AY PAID CLAIMS x COM M ERCIAL GENERAL LIABILITY
GEN LAGGREGATE LIM TAPPLIES PER
x x JECT
x Y
1,000,000
PREMISES rEa @e^e) s 100,000
MED ExP {Any on. pe6on) s 5,000
PERSONAL & AOV INJURY 1,000,000
GENERALAGGREGATE 2,000,000
PROOUCTS. COMP/OPAGG s 2,000,000
t 1,000,000
AUTOiIOBILE LIASILITY
x
SCHEDULED x Y
COMBINEO SINGLE LIMLT s 1,000,000
SOOLY lNJl,rRY (P.r p.Bn)
aooLY rNJrlRY ([email protected]) s
s
5,000
x 4,000,000
4,000/000
OED RETENTION S 9
AND EI{PLOY€RS LIABIUTY
ANY PROPRIETORPARTNER]EX€CUTIVE
oEscRlPTlON OF OPERATIONS b€l
STATIJTE
E L EACH ACCIDENT 5
E L D]SEASE. EAEMPLOYEE s
S
DESCRTPTTON OF OPERATTONS l LOCATIONB / VEIIICLES (ACORD 101, Addlnon.lR.mrl(. Scn.duL. my b..ti..h.d llnon.p.c.l. Fqsand) RE: Landscape s€rvices for Mont€ aalla Maintsenanc€ Diatrict tte Cj'ty of Salinas, its officers, officials, employees, and volunte€rs are inclucod as Additj'oral. rn3ur€d per the attached endors6eent forhs.
CERTIFICATE HOLDER CANCELLATION
city of Salinas
200 Lincoln AvenuE
Salinas, CA 93901
SHOULOANY OF THE ABOVE OESCRIAEO POLICIES BE CANCELLED AEFORE fHE EXPIRATION DATE THEREOF. NOTICE WLL BE DELIVEREO IN
ACCOROAT'ICE WITH THE POLICY PROVISIONS
AUIIIORIZEO REPRESE'TIAIIVE
Joe Bonura/SUCttAC
@ 1988-201,r ACORO CORPORATIOII
ACORO 25 (20r,r/01) Ths ACORD name and logo arc registe,ed marks of ACORD lNS025,roi.oir
All rights rcserved.
Suz6tte Chacon
I o..r"
x
,h' B*-a>
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, maintenance, or use of a covered
"auto" whom you are required to add as an
additional lnsured on this Policy under:
l. a written contract or agreement, or;
2. an o.al contract or agreement where a
certificate of insurance showing that 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";
l. C overage
a. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "aulo" you hire or borFor 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,"
whichever occu rs first.
Policy* CAP362404900
cA 83 76 (Ed. 10/13)
2. Loss Payable C la use
a. We will pay. as interest may appear,
you and the lessor for "loss" to a
"leased auto."
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 lhe lessor in accordance wilh
the Cancellation Common Policy Condition.
c. Cancellation ends this agreement
4. The lessor is not liable for payment of
your premiums.
5. Add itiona I Definition
"Leased auto" means an "auto" leased or
rented to you including any substitute, replacemenl or extra "auto" needed to meet seasonal or other needs, under a leasing
or renlal agreement that requires you to
provide direct primary insurance for the
lessor.
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FOR[,I
AUTO DEALERS COVERAGE FORi,4
MOTOR CARRIER COVERAGE FORM
cA 83 76 (Ed. 10/13)
b. The insurance covers the inlerest of
the lessor unless the "loss" results
from fraudulent acts or omissions on
your part.
b. lf you cancel the Policy, we will mail
notice to the lessor
As used in this endorsement:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILIry COVERAGE PART
The following is added to the Other lnsurance
Condition and supersedes any provision to the
conlrarY:
P rima ry and Noncontributory lnsurance
This insurance is primary to and will not seek
contribution from any other insurance available to an additional insured under your policy provided that:
Pol# PAC362404800
cG 20 01 (Ed. 04 13)
(1) the Additional lnsured is a Named lnsured
under such other insurancei and
(2) you have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
lrom any other insurance available to the
Additional lnsured.
Copyright, ISO Properties, k],c., 20'12
cG 20 01 (Ed. 04/13)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION ll. - WHO lS AN INSURED. 2. as
amended to include as an insured any person
or organization who you are required to add
as an additional insured on this Policy under:
l. a written contract or agreement; or
2. an oral 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 advertising injury" covered under SECTION
I - COVERAGE A - Bodily lnjury and Property Damage and SECTION I - COVERAGE B - Personal and Advertising lnjury, but only
with respect to liability for "bodily injury,"
"property damage" or "personal and advertising injury" caused, in whole or in part, by:
L your acts or omissions, or
2. the acts or omissions of those acting on
your behalf; and resulting direclly from:
a. your ongoing operations performed
for the Additional lnsured, which is the
subject of the written or oral contract
or agreement: or
b. "your work" completed as included in
the "prod u cts-com p leted operations
hazard," performed for the Additional
lnsured, which is the subject of the
written or oral conlract or agreement.
C. However, regardless of the provisions of
paragraph A. and B. above:
l. We will not extend any insurance coverage to any additional insured person or organization:
a. that is not provided to you in this coverage parti or b. that 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 ENDORSEMENT 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 agreemenl
m ust be:
a. currently in effect or becoming effective during the term of this Policy, and
b. executed prior to the "bodily injury,"
"property damage," or "personal and
advertising injury."
'l) the insurance afforded to such
additional insured only applies to
the extent permitted by law, and
2) if coverage provided to the Additional lnsured is required by a contract or agreement, the insurance afforded lo 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
(Page 1 of 2)
However:
cG 84 70 (Ed. 05/14)
2. With respect to the insurance afforded 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 contracl 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 Limits of
lnsurance shown in lhe Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of lnsurance shown in the
Declarations.
D. The insurance provided to the Additional lnsured person or organizalion does nol 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:
lhe preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,
change orders or drawings or specifications: and
2. supervisory, inspection, architectural or
engineering services.
E. The Additional lnsured must see to it that
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 practicable; and
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 to insurance on
which the Additional lnsured is a named
insured, if the written or oral contract or
agreement requires that this coverage be
primary and n on-cont ributo ry.
F. For the coverage provided by this endorsement:
l. 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
contract or agreement requires that this
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 Additional lnsured person or
organization is a named insured.
2. The foliowing 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, conlingent or on any other basis, available to an addilional 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," claim 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 contract or agreement,
executed prior to the date of loss, specifically requires that this insurance provide coverage to the Additional lnsured on a primary 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. cG 84 70 (Ed. 05/14) (Page 2 of 2\
Policy# PAC362404800
cG 82 17
(Ed. 12 04)
THIS ENDORSEMENT 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 to 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 Notice of Occu rrence
Broadened Mobile Equipment
Contractual Personal lnjury and Advertising lnjury
lncidental Malpractice Liability
Mental Anguish
Newly Formed or Acquired Organizalions
Non-owned a ircraft
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 materiat of tSO 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 lnrury and Property Damage Liability a. Exclusions
(l) Exclusion g. Aircraft, Auto
or Watercraft, is deleted in
its entirety and replaced by
the followin g:
g. Aircraft,
Wate rc raft
Auto or
"Bod ily injury" or
"property damage" a rising out of the ownership, maintenance. use or entrustment to olh -
ers of any aircraft,
"auto" or wate rcrafl
owned or operated by
or renled 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 olher wrongdoing in the supervision, hiring, employment, training or
monitoring of others by
that lnsured. if lhe "occurrence" which caused
the "bodily injury" or
"property damage" involved the ownership,
maintenance, use or enlru stment to others of
any aircraft, "auto" or
watercraft lhat is owned or operated by or
rented or loaned to any
insured.
(1) an aircraft, with a
paid crew, that is
hired, chartered or
loaned but is not
owned by any insured,
(2) a watercraft while
ashore or at
premises you own
or rent,
(3) a wate rcraft
do not own
that is:
you
and
(a) less than 51
feet longi and
(b) not being
used to carry
persons or
property for
a charge;
(4) parking an "auto"
on, or on the ways
nexl to, premises
you own or rent,
provided the "auto"
is not owned by or
rented or loaned to
you or the lnsured;
(5) liability assumed
under any "insured
contract" for the
ownership, maintenance or use of
aircraft or w ate rcraft; or
(6) "bod ily injury" or
"property damage"
arising out of:
(a) the operation
o f machinery
or equipmenl
that is attached to, or
part of, a land
vehicle that
would qualify
under the
definition of
"mobile
This exclusion does not
apply to:
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 't7 (Ed. 12104) XS (Page 2 of 1 1)
eq uipment" if
it were not
subject to a
com pu lso ry
or financial
responsibility
law or oth er
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
defin ition of
"mobile
equipment."
(2) Exclusion i. Damage to
Property is deleted in its
entirety and is replaced with
the follow in g:
j. Damage to Property
"Property damage" to:
(l) property you own,
rent, or occupy,
including any costs
or expenses incurred by you, or
any other Person,
organization or
entity, for repair,
replacemenl, enhancement, restoralion or maintenance oI such Property for any
reason, including
Prevention of injury to a person or
damage to another's prope rty;
"property damage"
arises out of any part of those
prem ises i
(3) property loaned to
you;
(4) personal p rope rty
in the care, cu sto -
dy or control ol
the lnsured:
(5) that particular part
of real p ro pe rty
on which you or
any contractors or
su bcontractors
wo rkin g directly or
indirectly on you r
behalf are performing operations. if the
"property damage"
arises out of those
operations i
(6) that particular part
of any property
that must be restored, repaired,
or replaced because "your work"
was incorrectly
perf ormed 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 ils permission CG 82 17 (Ed. 12104) XS (Page 3 of 11)
Paragraph (6) of this exclusion does not apply to
"property damage" included
in the "prod ucts -completed
operataons hazard."
(3) The last paragraph in 2. Exclusions is deleted in its entirety and replaced by the followin g:
Exclusions c. through n. do
not apply to damage by fire,
lightning or "explosion" lo
premises while rented to you
or temporarily occupied by
you with permission of the
owner. A separate Limit of
lnsurance applies to this
coverage as described in
Limit of lnsurance (Section
u).
2. coverage B Personal lnrury and Advertising lniury Liability a. 2. Exc lusio ns
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 follow ing:
a. We will pay medical expenses as
descflbed below for "bodily injury" caused by an accident:
(l) on premises you own or
rent;
(2) on ways next to premises
you own or rent, or
(3) because of your operations,
provided that
(1) 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
4. Supplementary Payments -
C overages A and B
Item l.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.
'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, lhis exclusion does not apply to nurses, emergency medical technicians or paramedics who
are employed by you to provide
medical or paramedrcal services.
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 tnsured under another policy or would be an insured under such
(3) the injured person submits
to examination, at our expense, by physicians of our
choice as often as we reasonably require.
B, SECTION II . WHO IS AN INSURED
2. ltems 2.e. and 2.f. are added:
lncludes copyrighted material of ISO properties, lnc., with ils permission.
CG 82 17 (Ed. 12104) XS (Page 4 of 11)
policy but for its termination or
the exhaustion of its Limits of lnsu rance.
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
(1) coverage is no broader lhan
coverage provided to you
under this policy. and
(2) only lo the extenl ol the applicable Limit of lnsurance of this policy.
A person's or organization's status as
an insured under this endorsement
ends when your operations for that
lnsured are com pleted.
The insurance provided the Additional
lnsured(s) is limited lo 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 architect'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 re port,
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 maintarn ownership 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 only until
the 1801h day after you acquire or form the organization or the end of the policy period, wh ichever is earlier;
b. Coverage A does not apply
to "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 ol an offense commitled before you acquired or formed the organization.
No person or organization 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 the
Declarations.
C. SECTION III . LIMITS OF INSURANCE
1. ltem 2. is deleted in its entirety and
replaced by the follow in 9:
2. The General Aggregate Limit is
the most we pay for the sum of:
a. medical expenses u nder
Coverage C;
b. damages under Coverage A
except damages because of
"bodily injury" or "property
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 't7 (Ed. 12104) XS (Page 5 of 11)
damages" included
" prod uct s- com p leted
ations hazard": and
in the
opera. You must see to it that we
are notitied as soon as
practrcable of an "occurrence " or an offense which
may result in a claim. To the
extent possible. nolice
should include:
(t) how, when and where
lhe "occurrence" or offense took place;
(2) the names and addresses of any injured persons and witnesses: and (3) the nature and location
of any injury or damage
arising out of the "occurrence" or offen se.
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 flght-of-way of a railroad.
2. ltem 6. is deleted in its entirety and
replaced by the follow ing:
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 "property 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
o f the owner.
3. ltem 7. is deleted in its entirety and
replaced by the following:
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 the higher of
$10.000 or the Medical Expense
Limit shown in the Declarations.
O. SECTION IV. COMMERCIAL GENERAL
LIABILITY CONDITIONS
Item 2. - Duties in the Event of Occurrence, Offense, Claim or Suit - is deleted in its entirety and replaced by
the follow in g:
You must see to it that we
receive written notice of the
claim or "suit" as soon as
practicable.
c. You and any other involved
insured must:
(l) immediately send us
copies of any demands,
notices, summonses or
legal papers received in
connection with the
claim or "suit";
(2) authorize us
records and
formation,
to obtain
other in-
(3) cooperate with us in the
investigation or sett le -
ment 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 'l 1)
(4) assist us, upon our request, in the e n fo rcement of any rig ht against any Person or
organization wh ich may
be Iiable to the lnsured
because of injury or
damage to which this
insurance may also applv.
(2) Excess lnsurance
This insurance is excess
over:
(a) Any of the other
insurance, wheth er
primary, excess,
contingent or on
any other basis:
(i) that is Fire,
Extend e d
Coverage,
Buildeis Risk,
lnstallation
Risk or similar cove rage
fo r "you r
work";
(ii) that is Fire,
Lightning, or
Explosion insurance for
premises r e -
nted to you
or tem porarily occu pied
by you with
permission of
lhe owner:
(iii) if the loss
arises out of
lhe m aintenance or use
o f aircraft, "autos" or
watercraft to
the extent not
subject to
exclusion g.
of Coverage
A (Section l);
(iv) if the loss
arises out of
"property
damage" to
borrowed
equipment
while not being used to
perform opd. No insured will, except at the
lnsured's own cost, volu n -
larily make a payment. assume any obligation, or incur any expense, other than for
frrst aid, wilhout our consent.
Knowledge of an "occu rrence",
claim or "suit" by the agent, servant or employee of any insured shall nol in itself constitute
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 deleted in
its entirety and replaced by the following:
4. Other lnsurance
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 I - lows:
(1) Primary lnsurance
This insurance is primary except when (2) below applies. lf this insurance is primary, our obligalions are not affected unless any of
the other insurance is
also primary. Then, we
will share with all that
other insurance by the
method described in (3)
below.
lncludes copyrighted material of ISO Properties, lnc., with its permission CG 82 17 (Ed. 12104) xS (Page 7 of 11)
erations
rhe job
or
at
site;
will be entitled to the
lnsured's rights against
all those other insurers.
When this insurance is
excess over other ansurance, we will pay
only our share of the
amount of the loss, if
any, that exceeds the
sum of :
(a) the total 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 self -
insured a mounts
under all lhat oth er
insurance.
We will share the remaining loss, it any
wilh any other insurance that is not described in this Excess lnsurance provision and
was not bought specifically to apply in excess of the Limits of lnsurance shown in the
Declarations of this
Coverage Part.
(3) Method of Sharing
If all of the olher insurance permits contribution by equal shares, we will lollow this method
also. Under this a pproach, each insurer
contributes equal
amounls until it has paid
its applicable Limit of
lnsurance or none of
the loss remains,
wh ich ever co mes first.
(v) if the loss
arises out of
"p roperty
damage" due
lo lhe use of
elevalors.
(b) Any other primary
insurance available
to you covering liability for damages
arising out of the
premises or operations, or the
product and completed operalions,
for which you have
been added as an
insured by attach -
menl of an endorsemenl.
(c) Any other primary
insurance available
to an automatic
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 for this
insurance to be
primary.
lncludes copyrighled material of ISO properties, lnc., with its permission CG 82 17 (Ed. 12104) xS (page I of .t
1 )
When this insurance is
excess, we will have no
duty under Coverage A
or B to defend the Insured against any "suil"
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 lf any of the other insurance does not permit contribution by equal shares, we will
contribute by limits. U nder this method, each
insurer's share is based
on the ratio of its applicable Limit of lnsurance to the total applicable Limits of lnsurance of all insurers. (4) No lnsurance
(a) lf an insured has
any olher insurance for "bodily
injury" or "property damage" due to
non-owned a ircrafl or non-owned watercraft, lhe
insurance p rovided
by this policy,
does not apply.
(b) lf a joint venture
or partnership that
was terminated or
ended prior to this
policy period has
valid and collectib le
insurance that was
purchased s p e cifically 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 lhis insurance is excess over any
other insurance, wh ether
primary or excess. contingent or on any other basis.
We will pay only our share
of the amount of the loss. iI
any, that exceeds the total
amount that all such other
insurance would pay for the
loss in the absence of this
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 o f the Limits
of Insurance 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 accepting this policy, you
agree:
a. the statements in the Dec
larations are accurate an;
complete,
b. those statements are
upon representations
made lo us, and
based
you
c, we have issued this policy in
reliance upon your re p resenlations.
However, if unintentionally you
should fail to disclose all existing
hazards at the inception date 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 ils enlirety and replaced with the following:
3. "Bodily iniury" means bodily injury,
sickness, disease or "incidental medical
malpractice" sustained 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 ma lpractice"
means injury arising out of the negligent rendering or failure lo render medical or paramedical services to
persons by any physician, dentist,
nurse, emergency medical technician
or paramedic who is employed by you
lncludes copyrighted materiat of ISO Properlies, lnc., with ils permission CG 82 17 (Ed. 12104) XS (Page 9 of 1t)
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 maintained Primarily for purposes other than lhe transportation of persons or cargo.
However, self propelled vehicles
wath lhe following types of permanently attached equipment are not "mobile equipment" but will be
considered "autos":
(1) eq uipment designed primarily
fo r:
(a) snow removal:
(b) road maintenance, but
not conslruction or resurfacing; or
(c) street cleaning;
provided that the vehicles
have a Gross Vehicle Weight
of 'l ,000 pounds or grealer;
(2) cherry pickers and similar
devices mounted on automobile or truck chassis and
used to raise or lower
workers,
(3) air compressors, pumps and
generators including sPraying. weldrng, building clea n - ing, geophysical exploralion,
lighting and well servicing
equipment.
4. ltem 14. Personal and Advertising lnlury
is deleted in its entirety and replaced by
the fo llow ing:
14. "Personal and Advertising lniury"
means in.iury, including consequential
"bodily injury," arising out of one or
more of the following offenses:
a. false arresl, detention or imprisonmenli
b, ma licious prosecution i
c. the wrongful eviction from,
wrongful entry rnto. or invasion
of the right of private occupancy
of a room. dwelling or premrses
that a person occupies, committed by or on behalf of the its owner landlord or lessor:
d. oral or written 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. of material that violates a
person's right of privacy,
f. the use of another's advertising
idea in your "advertisement";
g. infringing upon another's copyrighl. trade dress or slogan in your "advertisement."
h. discrimination or humiliation that
result in injury to the feelings or
repulalion of a natural person, but
only if such discrimination or humilialion is:
(l) not done intentionally by or
at the direction of:
(a) an insured; or
(b) any "executive officer"
director, stockholder,
partner or member of
the lnsured: and
(2) not directly or indirectly re
lated to the emptoymeni
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 accompanied
lncludes copyrighled malerial of ISO Properties, tnc., with its permission CG 82 1 7 (Ed. 1 2/04) XS (Page 'l 0 of 1 1)
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
followin g:
(a) artificially generated electrical
currenl including electrical arcing,
that dislurbs electncal devices.
appliances or wires,
(b) rupture or bursting of water
p ipes;
(c) explosion of sleam boilers, steam
pipes, steam engines or steam
turbines owned or leased by you,
or operated under your control;
or
(d) rupture or burstang caused by
centrifugal fo rce.
lncludes copyrighted malerial of ISO properties, lnc., with its permission.
CG 82 17 (Ed. 12104) XS (page 'l .t of 1.1)
Policy# PAC362404800
(iRr,A 14.111,p76,.1.v
II{SURANCE 6BOUP
301tllhSlreel
cinannalr 0H 45202'4201
5r 3 36S 5000 pli cG 84 72
(Ed. 01 10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILIry COVERAGE PART
PRODUCTS/COI\4PLETED OPERATIONS LIABILITY COVERAGE PART The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section lV - Conditions l
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" that took place.
This endorsement does not change any other provision of the Policy. cG 84 72 (Ed. 01/10) XS
Policy# CAP362404900
cA 04 49 (Ed. trl16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
IVIOTOR CARRIER COVERAGE FORM
With respect lo coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
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 l\,1otor 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 contribution from any other insurance available to an "insured" under your policy provided that:
1. 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".
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 conlract or
agreement that this insurance would be
primary and would not seek contribution
from any olher insurance available to such
"insured".
@lnsurance Services Office, lnc., 2016
(Page 1 of ,t
)
cA 04 49 (Ed. 11116)
Policy# C4P362404900
cA 04 44 (Ed. 10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (wArvER oF SUBRoGATTON)
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modif ied by the endorsement.
Schedule
Name(s) of Person(s) or Organization(s)
lnformation required to complete lhis Schedule. if not shown above, will be shown in the Declarations 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 lhat subrogation is waived prior to the "accidenl" or the "loss" under a conlract wilh that person or organization.
Copyright, ISO Properties, lnc.. 2011
cA 04 44 (Page 1 of 1) (Ed. 10/13)
.ACC)RLf 0711612021
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AI'ENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER.
IMPORTANT: lf the certilicate holder i3 an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. lf SUBROGATION lS WAIVEO, subiect to the lerms and conditions o{ the policy, certain policl€s may require an endorsemenl A slaternent on this certiticate does not confer rights to the certificale holder ih lieu of such endorsement(s).
PEOOUCER
Neurfront lnsurance Services, LLC
55 2nd Slr€et
Floor 18
San Francisco
'N'URED
Lupe Mancinas
(415) 754-363s
[email protected]
tNsuRER(Sl AF FOROTNG COVERAGE cA 94105 Service American lndemnity Co 391s2 Smth & Ennght Landscaphg. lnc. INSUtsEqc
tsrEg
RER E
INSU g0 Work Sl Sle C
Sahnas cA 93901
CERTIFICATE OF LIABILITY !NSURANCE
COVERAGES CERTIFICATE NUMBER REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWTTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wlTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
POI.ICY EFF POLICY EXP
Ll {rs
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COM'Ill ERCIAL GEN ERAL LIABILITY EACH OCCURRENCE TDI AGiFTO-FENIEb L PBqUlSESlEqocq4la.e)
LIEIII! (&v!!r p!E91)
PERSONAL 8 ADVINJURY
GENERA! AGGR€GATE
PROOUCTS. COMP/OP AGG S
G€N'L AGGREGAIE LIMIT APPTIES PER
I PoLrcY. !$? I ,o"
CTAIMS.MADE OCCUR
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AUTOMOAILE IIABILFY
SCHEDULEO
SODILY INJURY lP6r o€Bn)
I
BoDILY INJURY (P@rdaLl
PFOPERTYOAMAGE (P]1!lL@d!!!L
DED
OCCUR
EXCESS LlAa
WORXERS COTPENSAIIOI{
AI{O E PLOYERS' UABILITY
ANYPROPRIETORTPARTNE R/EXECUn\€
OFFICER/M€i'gEREXCLIJOED? 1OtO1t2O2O 1010112021 l.L.l4qH 4qqlqENL _j
E,L, DISEASE- EA EMPLOYEE S
N/^ x sAAWC0000133-00
X STATI]TE
000
DESCRIPTTOII OF OPERATIONS 000
oru-
..1, DISEASE . POLICY LIMII S
1,0q0
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OESCRlPrlOil OF OPEFAIOTS / LOCATIoTIS I VEB|CLES IACORO 10r, Additon l R.fr.rt. Sci!dd., h.y b..n ch.d ll [email protected] i. rqultdl RE: MONTE EELLA MAINTENANCE
A warver ol subrogatjon in favor of The City, its olficers. officials, employees, and volunteers applies to Worker's Compensatron
CERTIFICATE HOLDER CANCELLATION
City of Salinas
200 Lincoln Ave
Salinas cA 93901
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRAIION DATE THEREOF,
'TOTICE
WILI AE OELIVERED IN
ACCOROANCE wlTH THE POLICY PROVISIONS.
AUTHORIZEO REPRESE'TIA'NE
O 1988-2014 ACORO CORPORATTON. A rights reserved
ACORD 25 (2014/0r) The ACORD name and logo are registered marks ot ACORD
L E,ACH OCCURRENCE
I eeonecere s
S
I
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 injury 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 !.Qolo of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
Blanket Waiver of Subrogation
EndorsementEffective 10-01-2020
lnsured
Smith and Enright Landscaping, lnc-(a Corp)
Job Description
As respects to all CA.iobs 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 io which it is attached and is efieclive on the date issued unless otherwase staled (The intormation below ls lequir6d only whon lhis endoEemqnt B bsusd 3ubsoquent to preparation ol the policy.) Policy No. SAAWC0000'133-00 Endorsemenl No
lnsurance Company
Service American lndemnity Company
Countersigned By
@1998 by the Workers' Compensation lnsurance Rating Bureau of California. All rights reserved. wc 04 03 06
PART C -
CITY OF SALINAS FORMS AND MEMORANDUM
DOCUMENTS
.ll
INSTRUCTIONS FOR PREPARATION
OF
STATEMENT OF COMPLIANCE
This statement ofcompliance meets needs of state and federal payroll requirements to pay iringe benefits in addition to payment ofthe minimum rates. The 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 oftheir 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 that he or she is paying to others fringes required by the Conlract and not paid directly to the employees in lieu offringes. 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).
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 of fringes at the straight time rate. To simplify computation oFovertime, the straight time basic rate and payment in Iieu offringes be separately stated in the hourly rate column, thus $14.56/5.1l. In addition, the Contraclor shall check paragraph 4(b) of the 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 {(c), Exceptions:
Any Contractor who is making payment to approved Plans, funds, or programs in amounls 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. .ll
Contractors who pay no fringe benefits:
STAIE OF CAIFORI{A. DEPMTLCNT OF TMNSPORTATIOI{
STATEMENT OF COMPLIANCE
CE +2503 (REV 8/So)
(lr
EIRST OAY ANO DA'IE OF PAY PERIOO LAST OAY ANO OD
I do hercby certift undcr pcnalty ofpcrjury
That lpay or supcrvise paymcrt to emplo)ccs ofthc above-acfercnced contractor o, thc abovc-refcrcnccd contract. All p.rcons crnployd oo said project for thc above-rcfercnced timc pcriod hai.e bcco paid thcir full {'c.kly wa8es camcd. that no rcbatcs havc bcco or \rill bc madc cithcr dirccdy or indircclly to or oo b.half of said coDtractor fro.n lhc irll vcckll' wagcs camcd by an) pcrson and that no dcductions havc bcctr rn de cithcr ditcctly or iadirectly from thc ftllwagcs earned b) any pcrson olhcr than pcrmissiblc deductions.
(:)
That any payrolls othcrwise under this cotrtrol r€quirei to bc submittcd for the abovc period arc corrcct aod complctcl that thc wage rotes for laborcrs or mechaDics containcd thcrcin arc not less that thc applicsblc wagcs ratcs:
(a) E Spccificd io the applicablc *agc dctcrmioatio[ incorporatcd into thc coltlacti (b)E Dctcrmined by rhc Dir..tor oflndustrial Rclations for thc counq' or countics in $'hich thc l*ork is performcdl that thc classification set fonh thercin for cach laborcr or mcchanic conform $ith thc $oik he or shc pcrformcd. (i)
That aoy applrndccs cmploycd in thc abovc pcriod are dul),rcgistcrcd in a bona fidc apprcoticcship prog'am rcgislc.cd \e'iti I Statc apprcnticcship agcncy.
(.1)
Thst fringc bencfits as listcd in the contract:
(a)E Havc bcco or r*ill bc paid to thc approved plan(s), fuod(s), or prograrn(s) foi thc b.ncfit oflistcd cmplo)'c.(s). exc.pt as noled bclow.
(b)f] Harc bcco paid di.ectly to thc li$cd cmploycc(s). cxccpt as notcd bclow. {t) E S...*..ptions norcd bclou
SIGNATURE
On fedemlly-tuoded projects. permissible dedircdofls ale d€fined h R€guhtkrn. Pan 3 (29 CFR. Subtirle A), issued by the Se.retary of Labor under rhe Copland Act, as anrended (48 Sat. 948 63 Sla(. | 08.7] State. 967176 St6l 3 57:,10 U. S. C. 276c ).
ADA No co For hdlvldu.rs Yin 3eniory dbabitrue3, lhls dodlm€nl B er,ollaDb h ott€m.rs torm!!3. For tniormaton cEfl (9t6) 263.20. 1 or TOO (916) - '--- &ztA o,tfli, Rocodl,td Forms Menacdr€flt 1120Nst €t Ms39. se.menb, cA958t{ Manual . Califomia DcpartDrcrt of Tran sportation. CoDstntctiou July !00-l *
.l-1
Also. the Eillful falsificalioo ofany ofthe abole stltements may subjet the coutractor or sukontEclor to ci\it or crimirul prosecution (Sae Section l00l of Titl€ t 8 ald Section 2l I of Tille ll ofthe Unit.d Ststes Code).
SAL
CITY OF SALINAS
FRINGE BENEFIT STATEMENT
CONTRACTOR OR SUBCONTRACTOR (Please Print) CONTRACT NUMBER DATE DEPARTMENT OF INDUSTRIAL REGISTRATION CONTRACTORS STATE LICENSE FEDERAL.AID PROJECT NUMBER NUI\,4BER BOARD NUMBER Tor 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 WTH THE FIRST CERTIFIED PAYROLL OR WHEN THERE HAVE BEEN CHANGES.
Classification Name and Address of Plan, Fund, or Program Name and Address of Plan, Fund, or Program
Effective Date
$
Subsistence and/or Travel Pay
Classification
Effective Date
Vacation
Health and
Welfare
Vacation
Health and
Welfare
$
$
Pension $
Apprentice or
Training Fees $
$
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 that fringe benefits are paid to the approved Plans, Funds, or Programs listed above.
Fringe Benefit Hourly Amount
Pension $
Apprentice or
Training Fees $
$
$
$
Other
Vacation
Health and
Welfare
Fringe Benefit Hourly Amount
Fringe Benefit Hourly Amount
NAME AND TITLE (Please Print)
SIGNATURE B U SIN ESS TFI FPHONF
ADA Norice
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STATE OF CALIFORNIA . DEPARTMENT OF TRANSPORTATION FORM cEM-2501 (REV 05/2019)
44 Name and Address of Plan, Fund, or Program
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9 LOCAL HIRING RESIDENCY COMPLIANCE
DOCUMENTATION
In conformance rvith Article lV in Chapter l2 of the Salinas Municipal Codc. each Contractor and Subcontractor shall complete and attach this Local Hiring Residency Compliance Documentation to each weekly prevailing wage statement as they arc submitted to the City Engineer.
Project Title: Project No.:
For The Pa; Period Ending:
Conlractor (or Subcontrocfir q: License No.:
Address: Cit!: Stotc:
L For each employee, complete residency compliance information by checking appropriate lrade:
iiResid.nt of Mo.lff.y B.r Ar.. = l.iving in Mont.r.!, Srnt Cru, Sd B.nito ('ounti$ or hired through r localhirins lrll $ith jurisdic tior ov.r the
2. Calculate total weekly project local hiring percentage based on all labor work hours r rted on
3. I certifr thal the information contained in this form is true and correct, to the best of my knowledge. (Please sign all pages.) (Submitted under penal1'of perjury, Salinas Ci4,Code, Section 12-31 .)
Signature l)atc
Emplovee Name: Classification/Trade:
Resident of
Monte rey Bay Area:
I
Journeyman _ Apprentice _ Other _
Trade:
Yrs No
1 Joumeyman _ Apprentice _ Other _
Trade:
Yes No
Joumeyman _ Apprentice _ Other _
Trade:
Joumeyman _ Apprentice _ Other _
Trade:
Joumeyman _ Apprentice _ Other _
Trade:
Yes No
Journeyman _ Apprentice _ Other _
Trade:
7 Joumeyman _ Apprentice Other _
Trade:
Yes No
Name (Please Print) Title or Position (Please Print)
Page_ of
Ttis tom \lay Ac Cop'cdas Ncedcd
.16
Zip: _
prevailing wage statement:...
Yes No
4. Yes No
6. Ycs No
PUBLIC WORKS DEPARTMENT BID PROTEST
Citv Of Salinas
Bidder's attention is directed to the. "CITY OF SALINAS SPECIAI- PROVISIONS SECI'ION 2 PROPOSAL ITEQUIREMENTS AND CONDITtONS", Subsection 2-1.04. 'foday's Date
Prqiect Title:_ Bid Opening Date:-
Contlact()t:
Contact Name
Address
Phone:
C ity
Chapter l2-39. - Bid protests 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. ]'he Bid protest shall be filed with the City Clerk within $re9J9rki!gl!gI! of the 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 behalfofthe City. The protesting party may protest the Bid award for the City's or successful Bidder's failure to comply with the requirements ofthis article, the Bid documents, or 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 und€r penalty of perjury that the information contained in this form is true and correct, to the best of my knowledge. (PIease include this statement on all pages with an authorized signature.) Till. ot P6inon (Pt24\e P,nt)
State:_ Zip:
-
17 Number ofPages (including those attached)
CTTY OF SALINAS NOTICE OF POTENTIAL CLAIM
DC-CEM-620 r (REV 7/00)
To CON]-RACT NUMBER I)N 'I L,
'Ihe particular circumstances of this 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 ofthe 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 9-1.07B of the Standard Specifications.
SUBCONTRACTOR or CONTRACTOR
(ctct. one)
6 uth o.Ld R.p,.sz trtir. )
For Subcontractor notice ofpotential claim
Thb trotic. ofpot rtul cLim ir lcknowledg.d .nd fo .rd.d by PRIMI] CONl RACToR
(A hoft.tt R.paentatiw)
cEl!t-6201(REv 7/00)
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PART D_
SPECIAL PROVISIONS
5:c
CITY OF SALINAS
PUBLIC WORKS DEPARTMENT
LANDSCAPE SER\'ICES FOR
MONTE BELLA MAINTENANCE DISTRJCT
SE('TION I SPICIFI('AT'I0NS
AII 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 referred 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 following terms are used; the intent and meaning shall be interpreted as follows:
State - Citv of Salinas
Deprrtment of Transportation - Citv of Salinas
Director - City of Salinas
Division of Highways - City of Salinas
Engineer - City Engineer
Local Public Agency - City of Salinas
Owner - City of Salinas
2- t.0l
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
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 conditions 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 requirements of the proposal, plans, specifications, and the contract.
-il
The Speciflcations are general information only and are for outlining the limits ofwork and showing the general layout ofthe existing landscape. tt shall be the Contractor's responsibility to verify the amounts of trees, lawn, shrubs, and other ilems/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.
The Bidder's attenlion is directed to the provisions in Section 2, "Proposal Requirements and Conditions," ofthe Standard Specificalions and these Special Provisions for the requirements and conditions which he must observe in the preparations ofthe proposal form and the submission ofthe bid.
Deliciencv Notice:
The Conftactor is required to correcl deficiencies within the time specified by the City of Salinas. If the 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 off-hours, resulting from improper programming of sprinkler controllers, will be charged to the Contractor at time and a half. It also should be noted that there is a minimum three-hour charge for labor on any call-out.
All questions about the meaning or intent of the Contract Documents shall be submitted to the City of Salinas through the project page on the Planet 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 I0 calendu dal:s prior to the date ofthe opening ofbids will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarificatjons will be without legal effect.
Bidder is cautioned to make such independent investigation and exarnination 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 of material available from such property, and the type and extent ofprocessing that may be required in order to produce material conforming to the requirements ofthese Special Provisions.
2-1,02 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 periormed, the quantities of materials to be fumished, and as to the requirements of the Proposal, Plans, Specifications, and the Contract.
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 of the first paragraph ofthe State Standard Specification in Section 2- 1 .01 ofthese Special Provisions, and the Bidder is cautioned to make such independenl investigation and examination as he/she deems necessary to satisfy himself/herself as to conditions 1o be encountered in the performance ofthe work and with respect to possible local material sources, the quality, and quanlity 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 thereofmade by the City of Salinas or from the City EnBineer, or his/her assistants, shall in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. 52 2 1.0.1 t NS( l{[]l)t:t.Et)i [.\ l,\\\ottK lt,\' ..s Contractor is to furnish the City of Salinas, hourly rates for unscheduled landscape mainlenance 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 arnount oftime each unscheduledjob may take is subject to negotiation with the 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 Contraclor ofthe City's choosing in order to complete unscheduled repairs.
The lnspector 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, Contractor will 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 extm 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. [n all cases, the Inspector will determine slandards.
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 wilhoul a verbal or written estimate.
Within 48 hours of verbal or written authorization from Inspector, Contractor shall submit a wrinen 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 exiss 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 established 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 Inspector. Contractor is required to submit highlighted copies of receipts for materials purchased. Receipts shall be tumed in with conractors invoice for said repair and replacements.
F. lnspector shall authorize verbally or in writing, any unscheduled work prior to work being done.
Contractor will submit a wriften quote, detailing materials and labor charges used for extra work. The Inspector will generate a work order, which authorizes the contractor to submit an invoice for work performed.
5l
2.1.01 I}ID PROTEST I,'EE
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 lhe City Clerk's Office) within 3 working days after Bid opening.
(a) Any protest of the proposed award of Bid to the Bidder deemed the lowest responsible Bidder must be submitted in writing to the City no later 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 statule that forms the basis for the protest. The protesl must include the name, address, and telephone number of the person representing the protesting party.
The protest must be signed and submitted under penalty of perjury. (c) The party 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 interesl that may be adversely affected by the outcome ofthe protest. Srch parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Faxed or emailed copies are acceptable, with confirmation ofreceipt by the Bidder or person 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 City. A Subcontractor ofa party submitting a Bid on this project may not submit a Bid protest. A pafiy may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own prolest.
(e) The City Council shall hear the Bid protest prior to adopting a resolution authorizing the Bid award and execution of the 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 behalfofthe City. The decision ofthe Council shall be final.
(0 The protestor shall also submit a non-refundable fee of $lpqqqg per protest via certified check made payable to the City ofSalinas 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 protesl 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 Government Code Claim or any legal proceedings.
5.1 SEC'TION 3 AWARD AND EXECUTIoN oF CONTRAC'I'
The Contraclor's attention is directed to the Provisions in Section 3, "Award and Execution of Contract", of the Standard Specifications and Section 2 the "Proposal Requirements and Conditions", ofthese Special Provisions for Ihe requirements and conditions conceming award and execution ofthe Contract.
Certificales of lnsurance shall be furnished by the Contractor and shall be retumed with the signed Conlract and Contract bonds within l5 calendar davs after receipt. The Notice to Proceed with the work !bg!L!g! be issued by the City Engineer until all such documents are submitted.
The Contractor shallhave !!_99p49!91_9!gy;.immediately following award ofContract (not Notice to Proceed) to furnish materials submittals.
In 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 disqualify or refuse to consider a Proposal if a Bidder is in default for any of the following reasons:
a) Lack of competency and adequate machinery, plant and other equipment, as revealed by the documents requested
b) Uncompleted work, which in the judgment ofthe City Engineer, might hinder or prevent the prompt completion ofadditional 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 calendar davs from the Bid opening date.
SECTION.I BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES
AND TEMPORARY SUSPENSION OF WORK
The Contractor's attention is directed to the provisions ofSection S, "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 ofthree vears (J(r months ) from said date. This contract may be renewed for two (2) year, provided the Contractor requested, in writing, three (J) months heibre the expiration date and with the approval ofthe Director of public Works 55 S[CIIO\5 (][.\EIt,\lSECTIOLT* S I M ISCEI,LANEOUS
5- I.O1 LAtsOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code ofRegulations 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 S5.000.00 or more
Furthermore, the prime Contractor or Subcontractor shall not discriminate on lhe basis ofrace, 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 WA(;EDETIRMINATION
All wage scales shall be in accordance with applicable determinations made by lhe Director ofthe Department oflndustrial Relations ("DIR") ofthe State of Califomia. as provided by Article 2, Chapter l, Division 2, Part 7 ofthe Labor Code ofthe State of Califomia, commencing with Section 1771. In accordance with Section 1773.2 of the said Labor Code, copies of the aforesaid determinations of the Director of the DIR are available on the website address htto://rvrvw.dir.ca.sov/OPRL/DPreWaeeDetermination.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 Departrnent 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 of this Contract. [f the published wage rate refers 10 a predetermined wage rate to become effective upon expiration ofthe published wage rate and the predetermined wage rate is on file with the DI R, 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 if it 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 Contract, 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 Iife ofthis Contract, such wage rate shall apply to the balance ofthe Contract.
The "statement ofCompliance" and "Payroll Report" shall be on forms fumished by lhe City. Reduced copies of the "statement of Compliance" and "Payroll Report" forms are attached in Part "C" of these Specifications.
No other forms shall b€ accepted.
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Additionally, all contractors and subcontractors must furnish certified payroll records directl] to the Labor Commissioner (aka Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the DIR, which may includc electronic submission. 5-I.O] I,]NI'ORCEMENT OF THE CITY'S I,OCAI, HIRING oRI)INAN(][
REOUIRENTENTS
During the term of the contract, the Contractor and all subcontractor(s) shall submit a compleled and signed "Local Hiring Residency Compliance Documentation" form with each rveekly prevailing wage statement 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 list of employees to assure compliance. If 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- I.O{ I)IR REGISTRATION
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. lt 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 or of 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 works projects. The following is the link to DIR'S Contractor Reg istration searchable database: httos://efi lins.dir.ca.eov/PWCR/Search .action
5.I,05 SUBCONTRACTING
Per section 5- I .13 of the 2015 Caltrans Standard Specifications, Prime contractor shall perform work equaling at least 30 percent ofthe value ofthe original total bid with your employees and with equipment you own or rent. with or without operators.
SECTION A2 QUALITY ASSURANCE
A. Oualifications:
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, entomolos/, 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 The Contractor must have a full-time employee who can competently work on irrigation systems, including the testing, 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 requirements 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) minutes. Conlractor is further required to have an active email address, to receive any conespondence from the Inspector.
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 or shrubs. 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.
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/witing crew leader or supervisor lo oversee workforce.
A listing ofguaranteed size ofwork force by job classification shall be provided to the City prior to beginning work.
7. PROJECT/SITE CONDITIONS- At the beginning ofthe maintenance period, the 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 inigation system shall be completed to make surc that faulty electrical valves, controllers and broken or inoperable sprinkler heads are reported.
B. Personal Attire and Equipment
The Contractor shall require each of his employees to adhere to basic Public Works standards of working aftire. 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 equipment. The firm name shall be in lefters large enough to be easily legible from a distance of one-hundred (100) 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 a sign on the vehicle while working on City areas indicatingthe contractor is under contract with the City. This sign shall be visible at all times. 58 3. Contractor shall be aware of and shall comply with all City ordinances goveming landscape maintenance work as applicable to individual locations 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 wom at all times while working on City property.
5. Requirements
a) Supervision: The foreman shall directly supervise the work force at all times. Notiry City of all changes in supervision.
b) ldentification: Provide proper identification at all times for landscape maintenance firm's vehicles and labor force.
Contractor acknowledges and agees that public safety is of utmost importance, and Contractor agrees that during the progress ofthe Worlq Contractor shall constantly protect and presewe lhe 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, ordinances, codes, and regulations in performing the work under this Contracl. Where any of these are in conflict, the more stringent requiremenl shall be followed. The Contractor's failure to thoroughly familiarize itself with the aforementioned safety 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 prograrn
6. Siqnase - The Contractor 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 prevenl accidents, damage, or injury to the public, and to give adequate waming to vehicle or pedestrian traffic or to the public ofany dangerous conditions to be encountered.
7. Sound Control Requirements - 'lhe Contractor shall com ply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant Io the Contract.
59 C. Public Convenience and Safetv
Each intemal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No intemal combustion engine shall be operated on the project without said muffler.
SECTION S3 PAYMENT
PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not laler than Zglg4gllbyLof receipt of each progress payment in accordance with the Provision in Section 7108.5 of the Califomia Business and Professions Code concerning prompt payment to Subcontraclots. The Z!gk!!!g!!!g!;_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 3!_549!4gdg!!_may take place only for good cause and with the City Engineer prior written approval. Any violation ol Section 7108.5 shall subject the violating Contractor or Subconfiactor 10 the penalties, sanction, and other remedies ofthat Section. Federal law (49CFR26.29) require than any delay or postponement ofpa)rnent over Jllgk!$gdgy-of receipt ofeach 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 ol 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.
PROI\IPT PAYME\T OF FUNDS \1'ITHHELD 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, deficienl subcontract performance, or noncompliance by a Subcontractor. This Provision applies to both Contractors and Subcontractors.
SECTION S4 RESPONSIBILITIES AND MAINTAIIIING TRAIT'IC
The Contractor's attention is directed to the Provisions in Section 7-l.0lG, "Water Pollution", ofthe Slandard Specifications
The Contractor shall comply with the requirements of CAL-OSHA, 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, "Flagging Costs", ofthe Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his/her 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 laken and are not expected to be taken, the City may, after reasonable attempts to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cosl lrom any amount due or becoming due from the City. City action or inaction under such circumstances shall nol be construed as relieving the Contractor of his/her surety from liability.
The Contractor shall notify the Police, Fire, Traffic, Monterey-Salinas Transit, Engineering Department of jurisdictional agencies involved, affected property owners and businesses, and news media (radio.
TV, newspaper) al leaal 48 hours in advance of any work that will delay traffic. The Contractor shall cooperate with local authorities relative to handling traffic though the area and shall make his/her own arrangements relative to keeping the working area clear of parked vehicles.
The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during constmction. He/she shall exercise special caution against dangerous conditions, and shall provide, install, and 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 tkoughout 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 am. and 3:30 p.m., the Contractor may limit rallc 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, the Contractor shall maintain pedestrian and two-way vehicular traffic on the streets at all times.
Closing of any streets will not be allowed. 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 aftention 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 ofconstruction 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 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.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, ,including any section closed to public traffic.
Whenever vehicles or equipment are parked within six feet of a traffic lane, the shoulder area shall be closed with florescent traffic cones or portable delineators place on a taper in advance of the parked B
C
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I)
vehicles or equipment and along the roadway at 25-foot intervals to a point not less than 25 feet past the last vehicles or piece ofequipment. A minimum of9 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 directed by the City Engineer.
All traffic cones used on the project shall conform to the requirements for fluorescent traffic cones in said Section 7- l .092. The top offluorescent traffic cones used in the work during the hours ofdarkness as dehned in Division l, Section 280, ofthe Califomia 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 that the entire cost of fumishing ail 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-of-entry from the respeclive owner prior to performing the work. No work shall be commenced by the Contractor until such permission has been granted and until notified by lhe 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 of work 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. Paymenl 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/hcr own expense.
No truck 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 Contraclors expense.
Temporary ramps, backfill, or covers for incomplete trenching,lbackfill 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 disfigurement ofthe apparatus, equipment, or appliance. Contractor shall be responsible for damage to all existing utilities, whether or not they are indicated on the drawings.
Contractor shall provide delineators for traffic safety until such time as all cat tracking has been Il
t
62 performed. Cat tracking shall be completed within 8 hours of completed paving/resurfacing at the respective location and shall be maintained in a legible and traffic safety manner by the Contractor until final striping or pavement markings are in place.
SECTION 6 BLANK
SE(-TION 7 NIATERIAI-S
7-1.02 (;ENERAL
Attention is directed to the Provisions in Section 6, "Control of Materials", ofthe State Standard Specificalions and these Special Provisions.
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 the 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'Vvendor's expense.
SECTION 8 ITLANK
SECTION 9 DESCRIPTION OF PROJECT
The project shall involve the fumishing of all labor, material, equipment, and incidentals to perform the Landscape Maintenance in the Monte Bella 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-I SITE DESCRIPIION
MONTE BELLA MAINTENANCI DISTRICT
l. Both sides of Mont€ Bella Boulevard-between Sconberg Parkway and Williams Road; both sides ofTuscany Boulevard, both sides of Padova Drive, both sides of Penne Way, both sides of Palermo Drive.
2. The Southeast side of Williams Road-from Freedom Parkway to approximately 560 feet southwest of Monte Bella Boulevard.
3. The Southwest side ofFreedom Parkway-from Williams Road to Sconberg Parkway.
4. The Northwest side of Sconberg Parkway-between Freedom Parkway and Bardin Road. 5, The center island on Freedom Parkway-between Williams Road and Tuscany Boulevard.
6. Monte Bella Bioretention Area at Curb Bulb Outs. Location list provided.56 spots total including future locations.
7. Monte Bella Stormwater Retention Basin. Mow, weedeat and trash clean up twice a year. June and C)ctober of each year.
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7-I.OI MISCELLANEOUS
SEC'I'ION 10 CoNSTRUCTION DETAILS
SECTION IO-1 GENERAL
l0-1.01 ORDER OF WORK
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 constraints 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. 1O-1.02 LEGAL
The Contractor's attention is directed to Section 7 ofthe State 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, barricades, 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 ofthe State Standard Specifications regarding dust control requirements.
The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacemenl 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 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.
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, to prevent obstructions in the pipes and breakage, misuse or disfigurement of the apparatus, equipment or appliance.
Temporary ramps, backfill, or covers for incomplete trenching/backfill operations shall also be furnished by the Contraclor at the end ofeach day's work for the protection ofvehicular and pedesl an 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 tralfic shall be maintained at all times. l0-1.0J INSPECTION AND COr-TROl, OF WORK
The Contractor's attention is directed to Section 5 ofthe Standard Specifications and Section 5- I .08 ofthe Special Provisions.
IO.1.O4 FINAL INSPECTION AND CI-EANUP
At the completion ofthe worlq 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.
6.1 l0-1.05 \\'()I{KNIANSHIP
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.
IO.I.06 PROGRESSSCHEDULE
A progress schedule shall be prepared by the Contractor for this Contract and shall conform to the Provisions in Section 8-1.04 "Progress Schedule" of the Stale Standard Specifications and shall be delivered to the City Engineer at the pre-construction meeting. No work shall begin until the Progress Schedule has been approved by the City Engineer.
l0-r.07 ()tssTRUCl'loNS
Attention is directed to Section 8-l.l0, "Utility and Non-Highway Facilities," and Section l5, "Existing Highway Facilities", ofthe State Standard Specifications and these Special Provisions. 1O-I.08 TITILITYI)ETERMINATION
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 the existing services during construction. The Contractor shall Dial 8l I to contact the Underground Service Alert C'U,S.A."), , 48 hours in advance before perl'orming any trenching or excavation work.
Contractor shall adhere to all U.S.A.-North rules and resulations. Contractor shall be responsible for Drotectinq all utility facilities (MH lids. water Yalves. sas Yalves, etc.).
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 cooperation with the Contractor. While the Contractor shall be granted time extensions without penalty for utility delays if such delays impede his,fter 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 anv, 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 of the project. All 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. The 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 immediately notify the utility company and the City Engineer in writingwithin 72 houts.
The 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 ofworkers and ofthe public.
Facilities requiring special precautions include, but are not limited to: natural gas pipelines, underground 65 telephone, cable TV and electric supply system conductors or cables either directly buried or in duct or conduit.
The Conlractor shall notify the City Engineer at least. ZLLgg prior lo performing any work in the vicinity of such facilities.
Repair ofpipes due to accidenlal or convenience removals (including equipment conflicts) shall be at the expense ofthe Contractor and no additional compensation will be allowed.
IO-I.09 IXAMINAI'ION OF SITE
Before submitting a Bid, each Bidder shall carefully examine the Plans 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 estimate and include in his/her Bid a sum sufficient to cover the cost of all items which are required to attain the completed conditions contemplated in the project.
10.T.IO WATERING
Watering, ifany, shall conform to the Provisions in Section 17, "Watering" ofthe Standard Specifications, except that full compensation for developing water 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 36A Water Conservation will take priority.
IO-I.I1 CONSTRUCTIONEASEMENTS
Any work to be done on private properties or requiring access through private properties shall not be done until the City has acquired easements or right-of-entry from the property owner. Prior to starting such work, the Contractor shall verify with the City Eng,ineer that such authority has been granted.
The Contractor will confine his/her operations within the limitations ofconstruction easements or limits as shown on the drawings. lfthe Contractor's operations result in damage to plantings or any other privately-owned facility outside the limitations of the construction easements or public right-of-way, the Contractor shall, at his/her expense, repair such damage or indemnify the owner ofthe damaged property.
If the Contractor negotiates with property owners for use of Iand for construction operations outside the limits of the construction easements, he/she shall do so at his/her own risk and the City will assume no liability for such use ofprivate property. All agreements between the Contractor and private property owners shall be in writing.
The Contractor shall commence no work outside the construction easements until copies of such agreements are furnished to the City.
10-I.12 PARTIAL PAYMENTS AND RETENTION
The Contractor's attention is directed to Section 9- I .06 Partial Payments ofthe Standard Specifications 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 statute.
As provided in Section 22300 of the Public Contract Code and Section 10263 of the Govemment 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 66 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 hiVher delegate is authorized to execute said Escrow Agreement on behalfofthe City.
l0-l.rr ARlltTRATtoN
Your attention is directed to Section 9- | .22 "Arbitration." ofthe Slandard Specifications. In 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 Contracl or by law which pertain to the resolution ofany 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 later than 180 cqlendar dat)s after the date ofservice in person or by mail on the Conractor ofthe final written decision by the Department ofthe claim 1O-1.I4 NOTICE OF POTENTIAL CLAIM
Section 9- I .04 "Notice of Potential Claim", of the Standard Specifications is amended to read:
Section 9-1.04 Notice of Potential 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 event, 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 seclion shall not be a prerequisite as to matters within the scope of the protest Provisions in Section 4-l .03, "Changes", or Section 8- I.06, "Time of Completion", or the notice Provisions in Section 5-I.l16, "Differing Site Conditions", or Section 8-1.07, "Liquidated Damages", or Section 8-1.10, "Utility and NonHighway Facilities", nor to any claim which is based on difference in measurements or errors of computation as to Conlracl 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 calendar dgts after the 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 of the Contract are brought to the attention of the 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 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 the assertion of a potential claim, request inspection and copying ofdocuments or records in the possession ofthe 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. 67 Submission of a claim, properly certified, rvith all required supporting documentation, and written rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, Iitigation, suit, or demand for arbitration by Contractor.
IO-1.15 CLAIMS
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 graffiti, if required, shall be bome by the Contractor, and no additional compensation shall be allowed therefore.
IO-I.I6 PI]I]I,IC CONTRACTS CODE 920{ PUBLIC WORKS PROJECT 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 l, 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 its citizens to ensure that all construction business perlormed on a public works project in the state that is complete and not in dispute is paid in full and in a timely mamer.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter I of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter I of Pan 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) Payrnent olan amount that is disputed b1' the pub)ic entiq" 6ll
(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 enlered 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 Californi4 a city, including a charter city, county, including a charter county, city and county, including a charter city and counly, district, special district, public authorify, political subdivision, public corporation, or nonprofiI 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 thejurisdiction ofthat department. (ii) The Department of Transportation as to any project under thejurisdiction ofthat department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter I I (commencing with Section 7000) of Title 7 of Part 3 ofthe Penal Code. (v) The Military Department as to any project under thejurisdiction ofthat department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) "Public work 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) ( I ) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion ofthe claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a conlractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion ofthe claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return 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 exlension, expires to provide the claimant a written statement identirying the disputed portion and the undisputed portion. 69 (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.
(B) Within l0 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 identirying 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 written statement. Any disputed portion ofthe claim, as identified by the contractor in writing, shall be submitted to nonbinding medialion, with 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 portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection oflhe neutral mediator. lf mediation is unsuccessful, the parts ofthe claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes ofthis 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) Unless 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 time 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 manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subconhactor 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 thc contractor present a claim for work, which was performed by 70 (2) (A) Ifthe claimant disputes the public entity's written response, or ifthe public entity fails to respond to a claim issued pursuant Io this section within the time prescribed, the claimant may demand in wriling an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing senl by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement ofthe dispute. (e) The text ofthis 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. (0 A waiver of the rights granted by this section is void and contmry to public policy, provided, however, that (1) 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 I, 201 7. (h) Nothing in this section shall impose liability upon a public entity thal 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 l, 2020, and as of that date is repealed, unless a later enacted statute, lhat is enacted before January l,2020, deletes or extends that date." 1O-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 ofwork as listed in the proposal, and no additional compensation shall be allowed therefore.
IO-I.I9 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'C&D") projects within the City to divert at least 50% ofthe C&D debris and 100% of inert materials generated by the project. All building and demolition project contractors must prepare and submit a C&D Waste Reduction and Recycling PIan prior to commencement of project and a final C&D Wasle 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 ofSalinas Permit Center (65 W. Alisal Street, Salinas, CA 93901).
The Contractor shall also abate dust nuisance by cleaning, sweeping. and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets g!!ljgl! be permitted as a substitule for sweeping or other methods.
'71
the subcontractor or by a lower lier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to supporl the claim.
Within 45 days of receipt of this written request, the conlractor shall noti! the subcontractor in writing as Io 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.
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 compensation will be allowed as a result of such susDension.
IO-I.20 TRAF}'ICCON'TROL
I O- I.2I GENERAL
All work shall be in accordance with Part 6 of the California Manual on Uniform Traffic Conlrol 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.
Affention is directed to the California MUTCD. A current copy of the California MUTCD is available for free download via the California DOT website http://www.dot.ca.sov/hq/traffops/siqntech/mutcdsupp/.
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-l.09, "Public Safety"; and Section 4-1.04, "Detours", of the Standard Specifications, the Provisions in Chapter 5, "Traffic Controls 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 7-1.08, "Public Convenience", ofthe Standard Specifications. The Contractor shall provide all signs, barricades, markers, striping, delineators, lights, and flagmen as required by the City Engineer.
The Contractor's attention is directed to the Provisions in Section 7-l.09, "Public Safety", of the Standard Specifications. The Contractor shall provide and install all necessary signs, fences, temporary K railings, barricades, lights, and other devices and take such other protective measures to prevent accidents or damage or injury to the public.
The Contractor's attention is directed to the Provisions in Section 12. "Construction Area Traffic Control Devices", of the Standard Specifications. All signs, lights, barricades, 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 Specificalions.
No streets shall be closed to thru tralfic. All streets listed in this Contract shall be resurfaced on half street portions 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 latest edition ofthe "Manual of Waming Signs, Lights, and Devices for use in Performance of Work Upon flighways" as published by the California Department of Transportation. Arterial streets g@l!3g! be impacted Monday thru Friday; 7:00-8:10 a.m. and 4:00-6:00 p.m.
The Contractor shall notif local authorities (City of Salinas Police and Fire Departments. Monterey-Salinas Transit, City of Salinas, etc.) and news media (radio, TV, and 4l local newspapers) of his,trer intent to begin work atleast tg!g!!gry!g!! before work is begun. The Contractor shall cooperate with local authorities relative 12 The Contractor shall submit an Area Sign Plan and Detour Plan per the State Slandard Plans, these Special Provisions, and City of Salinas "Channelization Devices Detail" and "1'ypical Lane Closure Detail" within Part E of the Special Provisions. The City Engineer prior to the beginning of construction shall approve Sign Plan and Detour PIan.
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 compensation shall be allowed therefore.
10.1,22 CHANGES IN WORK
For work done on a "Time and Materials" basis, the Contractor shall submit all required documents for a specific change within ten ( I 0) 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 ofthe date established as "Substantial Completion". The City reserves the righl to not rocess any proposals received after that date unless specifically agreed in advance 1O-I.2.] PRESERVATIoN OF PROPERTY
The Contraclors attention is directed to the Provisions in Section 7- I . I l, "Preservation of Property", of the 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 Seclion 20-4.07, "Replacement", ofthe State Standard Specifications.
Damaged or injured plants shall be removed and disposed of outside the City of Salinas righrof-way in accordance with the Provisions in Section 7-1.13 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 lhe City Engineer.
Replacement planting ofinjured or damaged trees. shrubs, and other plants, caused by the Contractor/Staff shall be completed not less than 2_!!!!L!!g!!gE once 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.
1O-1.2{ ENVIRoNMENTAL/PoLLUTION PREVENTION REOUIRf MEN'I'S Contractor shall comply wilh all environmental pollution prevention regulations, ordinances, and statutes that apply to the project and any work performed pursuanl 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, wastewater or any substance or material which will interfere with the operation or performance of the storm drainage system, violate the city's NPDES permit or violate other applicable law or regulations."
The Contractor shall comply with the City of Salinas NPDES Permit Order No. R3-201 2-0005 and, if applicable, the State's current Construction Stormwater General Permit. Projects that disturb one or more acrcs of soil, or disturb less than one acre but are part ofa larger common plan ofdevelopment, are required to obtain coverage 7l
Mobilization shall conform to the Provisions in Section I l, "Mobilization", ofthe State Standard Specifications.
Pavment for mobilization shall be considered as included in lhe orices oaid for the various Contract items of wrirk as listed in the Proposal no additional compensation shall be allowed therefore. under the General Permil for Discharges of Stormwater associated with Construction Activity, Construction General 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.
10-1.25 NIOBI l.tZAl't()N
SEC'TION II LANDCAPE MAINTENANCE
SECTION II.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 solulions 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 wealher pattem that is forecast to have a 50 percent or greater probability ofproducing precipitation in the application area; Collection and proper disposal ofunused pesticides, herbicides, and fertilizers; A standardized protocol for the routine and non-routine application of pesticides, herbicides (including pre-emergents), and fertilizers;
Prohibition ofstorage or application ofbanned or unregistered pesticides;
7.1 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 remoyal); Limiting or eliminating the use offertilizers. 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 notjeopardizing motorist safety;
Storage ofpesticides and fertilizers indoors or under cover on paved surfaces or use ofsecondary containment;
Reduction in the use, storage, and handling of hazardous 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 M54 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).
At the discretion ofthe Engineer, weeds in al1 lawn areas, planting beds, planted islands, tree wells, shrub wells, parking lots, traffic islands, curb and gutters, sidewalks, and open space shall be removed or killed weekly as the weeds emerge. Weeds shall be mechanically removed (not just killed) ifthey are larger than 2 inches (5 cm) in height or diameter. Unsightly weeds throughout the Districts will be mechanically removed or prevented against throughout all districts.
2. All debris resulting from weeding operations shall be removed from the projecl 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 submit in writing to the Engineer within l5 days ofapproval ofcontact 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, Slate, County, and local regulations and codes. The materials must be approved by the Engineer.
4. The 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 PesI Control Advisor, as required by the Monterey 75 A. W€ed Control - Ceneral
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 lhe Conlractor no later than one ( I ) week after notice of such damage at Contractor'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.
8. Timing: Pesticides shall be applied at times, which limit the possibility of contamination from climatic or other factoB 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 runoffoftreatcd areas
9. Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in, or near, the project.
B. Insect and Disease Control
The Contractor or the Operator must have a valid certification appropriate 1o 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 Monterey Counry Agriculture Commissioner.
2. The spray materials shall meet all Federal, State, County, and local requirements. The spray materials must be approved by the Engineer.
3. Any applications within 500 feet of any school shall not be made within one hour before or one hour after school hours, as required by applicable pesticide regulations.
4. The Contractor shall use a dormant spray fungicide that controls anthracnose and other plant diseases as needed.
5. The Contractor shall use an appropriate insecticide and fungicide spray that prevents or controls disease and insect infestations.
16 AII vegetation shall be sprayed and removed for a distance ofeighteen ( l8) inches from tree trunks to form tree wells. Any additional weed control in turfareas shall be as needed or as directed by the Maintenance Operations Man€er or designee.
Weed control required and approved within turf areas by the Maintenance Operations Manager or designee is comidered as part ofcontract.
7. Handling of Pesticides: Care shall be taken in transferring and mixing of pesticides to prevent contarninating 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 nsing materials shall be within the guidelines established in the State ofCalifornia Food and Agricultural Code or EPA regulations.
6. Application of insect and disease control materials shall be within the time best suited to the eradication ofthe insects and diseases.
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 ofsuch 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. Contraclor'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 ofwhich 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 PHF on-line app.
C. Ground Squirrel. Gop her and Other 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 turl and landscaped areas free of gophers by using Macabee gopher traps or other devices approved by the contract manager. Rodenticide use is not allowed.
D. Debris, Gralfiti and Littcr Removrl
Areas:
l. Ali 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.
2. Debris and lifter 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 1l
litter fronr all sources including those outside the project site
3. Contraclor shall remove 'graffiti" or other unsightly markings placed upon visible faces including, but not limited to, cinder block walls, bench seats, picnic tables, irrigatior/lighting boxes, light poles, tree trunk, sidewalks, and any other surface within the district boundary within the next working day during the term ofthis contract. Graffiti removal shall beconsidered as part of regular maintenance activities and shall not be compensaled as additional work.
4. Complete policing; litter 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/Imrrrovements
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 fiom utility poles and trees, each time site is serviced. Signs shall be stored by contractor until City staff gives approval for their disposal.
F. Rernoval of l)ead. Danra or l)iseased Plant Materials Contractor shall remove dead, severely damaged or diseased plant material no later than seven (7) days after identification. Broken tree limbs or other items that may cause hazardous conditions to the public shall be removed immediately.
(;. Stakins and (iuving
l. 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 written permission is granted by the Engineer.
3. l'rees that have reached a size and stability so as not to require staking shall be exempt from these requirements upon the approval ofthe Engineer. Trees under the size ofa standard 5 gallon size for the variety shall also be exempt from these requirements unless otherwise required by the Engineer.
H. Inclement Weath€r
l. During the periods when inclement weather hinders normal operations, the Contractor shall adjust 7tl
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 trees or other such activities as required as a result of inclemenl weather. The Contractor will stay available to assist in any storm related damage repair to sites in this contract.
3. Contractor shall not work or perform any operations during inclemenl weather thal may destroy or damage ground cover or turf areas. The Contractor shali contact the Maintenance Operations Manager or designee for the determination ofnon-operation conditions.
4. The Contractor shall immediately notii/ the Maintenance Operations Manager or designee when the work force has been removed from thejob site due to inclement weather or other reasons.
I. fire Prevention
Contractor shall take all precautionary measures Io ensure that while working with (power equipment, vehicles, etc.) in weeded or grassy areas they do not start a fire. All contractor vehicles shall be equipped with fire extinguishers.
All planted areas shall be watered deeply as weather conditions require to promote normal groMh and insue 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 offresh green color or a loss ofresilience due to a lack of water.
Control 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. Malch precipitation rates. Limit hazardous conditions. Adjust irrigation as required due to seasonal changes and rain. A cunent schedule of automatic watering cycles must be provided to the Engineer's represenlative 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 inigation 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.
4. All irrigation systems shall be tested and inspected as necessary when damage is suspected or observed, or reported daily if necessary.
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The City ofSalinas shall not be held liable for any fires due to contractor negligence.
J. Irrieation ofPlant Materials
Battery operated controllers will be kept in continuous operating condition by replacing batteries when necessary at Contraclor'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. Unplugall clogged heads, flush lines free ofrocks, mudanddebris
7. Contractor shall maintain all irrigation systems in a manner that shall assure correction or malfunction and allow their use in a manual or automatic condition within two (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 inigation systems which malfunction due to Contractor's negligence.
8. The payment for the repair and maintenance of the irrigation 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 lhe purpose of billing. Contractor shall obtain approval from the City before incuring expenses for major irrigation 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 irigation 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 formajor irrigation repairs.
10. In the event ofa 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, sefting out additional hoses and sprinklers, and,/or hand watering as required to uniformly inigate 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 measues which are intended Io 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 irrigation controllers securely locked at all times when they are nol required to be open for programming, repairs, or checking the operation ofthe controller.
13. Controllers shall be checked at least weekly Io assure proper operation and programming I( Water Conscrvation
30 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 equipment, 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 drainage or sewage systems.
Drought Impact on lrrigation: The Contractor shall comply with all water use regulations and restrictions.
In addition, Contractor shall comply with City directed changes in inigation in response to drought conditions.
L. Underground Ercal ations
Contractor shall be responsible for locating all underground utility lines to insure the safety of his,trer work crew and to protect in place existing utility equipment before commencing any excavation.
Contractor shall contact the Maintenarce Operalions Manager or designee and Underground Service Alert (11800-227 -2600) 48 hours before commending any excavation, to locate underground service Iines.
The contractor shall provide ten (10) days advance wriften notice to Engineer of each intended application of ferti lizer.
Lawn and All Types of Ground Cover. Commercial fertilizer shall conform to the provisions of Section 20 of the City of Salinas, Standard Specifications Design Standards, 2008. Fertilizer 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 16%
PhosphoricAcid 6%
Water Soluble Potash 4%
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:
Nitrogen
Phosphoric Acid
Water Soluble Potash
Combined Sulfur
20.00%
10.00%
5.00Yo
1.60%
8I
M. Fertilizing
lron
and shall be applied at the following rate
0.3 5o/o
One tablet for each one-half inch of tree trunk diameter (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 of March each year.
One tablet for each shrub shall be inserted up to two feet deep, but not less than eight inches deep, near each shrub 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 Contractor to provide the City of Salinas with proof of current ISA Arborist Certification for staff engaged in project supervision. lnspection of project work will be done by Urban Forestry Division staff members, designated by the Director. l. Schedule - No tree work shall commence before 7:30 a.m beyond dusk.
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 point 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 or over must be precut to prevent splitting. lf splitting does occuq the wound shall be traced.
6. Crown Thinning - Pruning to thin crowns of trees shall be undertaken with the purpose of opening a tree to light, reducing weight on limbs, decreasing the wind sail effect, invigoration ofthe growth of the tree, and to increase the overall structural stability of the tree. Thinning operations should conform to ISA Standards provided in "Attachment A".
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 Io enhance the structural integrity of the trees designated for the pruning operations. No tree shall have more than I /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 conformance with the ISA Pruning 82 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 Iree'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 rhe 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). Lower 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 Work Engineer or designated Urban Forestry staff representative. lmmature specimens may require an adjustment appropriate to the individual tree size and stage of growth.
10. Miscellaneous
a. 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 size of the infected tree substantially or require removal ofthe tree. c. Height Prune to specific height as directed by the Engineer.
O. Hedge Trimming
1. All hedge and gound cover plants growing in the subject areas shall be trimmed and pruned, to maintain plants in a healthy, growing condition and to maintain plant groMh, 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 ofsigns 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 workday. Traffic signs, cones, etc., shall be used in accordance with City Standards.
2. Site Clean-Up
a. Disposal - All disposal of material generated from the pruning operations is the sole responsibility of the 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 aI the end of each day's op€rations or at the completion of work at individual sites prior to the Contractor leaving the site. No wood shall be left atthe site of work unless prior approval of the Engineer or designated representative has been obtained. The costs ofdisposal ofall 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 project. 83 3. Signage - The Contractor 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 warning to
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
l. All lawns shall be trimmed and edged around irrigation systems, fire hydrants, 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. Removal ofturffrom around sprinkler heads will not be permitted.
3. Damage to sprinklers, headers. irrigation and utility boxes, and other struclures shall be avoided. All damage to shallbe 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 workingdal'.
Alltrimming and debris shall be raked from all planted and unplanted areas and shall be disposed of off-site by the Contractor. Costs for same are to be included in the routine maintenance fee.
4. Allground cover shall be trimmed to the inside edge of planting areas when ground cover grows three inches outside planting areas.
Contractor shall exercise care not to spray tree trunks 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. Mowing
l. Ground cover plants other than lawns, e.g. ivy, hypericum, etc., shall be mowed once each year in the appropriate season to a height ofthree inches from ground level.
Cround 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 through February.
3. Lawns shall be renovated yearly by aerating and./or verti cutting. This shall be done dLring the ,{.1
vehicle or pedestrian trallic or to the public of any dangerou conditions to be encountered. 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 of responsibility.
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 notif, the inspector of the failure immediately and reschedule that week's service to be completed within two days of said failure upon approval of lnspeclor.
Turf clippings and debris shall be lifted the same day of each mowing, trimming or edging operation and shall be removed liom 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 turf groMh.
R Hauling
l. Spillage resulting from hauling operations on or across public thoroughfares shall be immediately removed at contractor's expense.
2. lf the spillage is of a hazardous substance, such as petroleum 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:
I . 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 we,u, rust, broken or missing parts (s-hook, 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. Contractor shall report any findings immediately to Engineer.
6. Contractor shall supply daily, weekly and monthly inspection reports (checklist) to the City at the end ofeach month for each individual playground. This also includes exercise equipment and horseshoe 85 pits areas
SECTION 11-2 HAI]LING
The payment for hauling shall be considered included in the various items of work, and no additional compensation will be allowed therefore.
SECTION II-3 UNSUITABLE MATERIAL
The excavation and removal of additional unsuitable materials beyond the depths of excavations at site, and additional backfili, if required by the City Engineer, shall be in accordance with Section l9-2.02 of the Standard Specifi cations.
SECTION 11-4 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 work 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 12-1 GENERAL
All work and materials for signs shall conform to the Provisions in Section 56 ofthe Standard Specifications, these Special Provisions, California 2014 Califomia 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.
ST]CTION lJ BI,ANK
SIICTION I{ CONTROL 0FWORK
SECTION T+I 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 Contraclor at their expense and in a manner approved by the Engineer.
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SECTION 12-2 TEMPORARY TRAFFIC SIGNS
All temporary traffic signs shall have Diamond Crade l-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.
B. Emergency Call - Contractor shall respond to emergency calls for matters covered by this contracl immediately without additional cost to 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 for the series of3 keys assigned to itand shall assign these keys to its personnel for use 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 lhat have been lost.
SECTION 1:I.2 PAYMENT OF LANDSCAPE MAINTENANCE
A. Each month, the Contractor shall submit one invoice for payment 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 repairs.
If the invoice submitted by Contraclor 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 maintenance 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 litter removal, removal of dead, damaged, or diseased plant materials, staking and guying, inigation of plant materials, fertilizer, pruning, edging, trimming, mowing, maintenance and repair of the irrigation system. The price paid shall not include compensation for repair of inigation systems when the system malfunctions as a result of Contraclor negl i gence.
At the request of the Engineer, the Contractor shall perform such work or repairs and replacements associated with the maintenance of the area 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.
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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 total for all areas maintained during that month. Compensation will not be made for services nol provided, as per Section 9 Work Description. [f the invoice submitted by the Contractor exceeds the contract unit price per month for maintenance services, the Contractor shall also submit proof of approval to proceed from Engineer along wilh invoices of the location and scope of the services provided. The invoice shall indicate the areas in which work was performed, the dates upon which work was done, and the type of service provided. Work resulting in separate and additional billing requires prior departmental approval before incurring costs D. Invoices 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 Iast day ofthe previous month.
E. After completion ofthe term ofthis contract and ofall work called for under the contract 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 paymenl.
The final payment shall be in no way construed as an acceptance of any defective work. l'he Contractor agrees that the tender of the final payment by lhe City and acceptance thereof by the Contractor shall release lhe 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.
SI]CTION 1{-3 SCHEDTJI,E OF 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 contract 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 ofquality of work to be accomplished under this contract shall be of high quality. In the event of unsatisfactory maintenance as determined by the Engineer, Engineer shall require Contractor to coffect the unsatisfactory work at no additional cost to the City for expenditures incurred in making the correction.
I4-3.0I WORK SCHEDULE
l. The Contractor shall deliver Io lhe City a complete landscape maintenance 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 havinB completed the work assignment for that day.
5. No blowing in residential areas before 8:00 am.
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SECTION I+4 INSPECTIONS
A. lnspections Monthly inspections of the project site shall be scheduled by the City's authorized representative. This sile inspection shall require thatboth 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 Contractor fail to correct maintenance deficiencies within the first month ofobservalion by the designated City staffproject inspector, a payment reduction ofan amount up to 25olo ofthe total monthly maintenance fee may be withheld. In the event the Contractor fails to correct 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 contract.
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 to 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 MEASUR-EMENT AND PAYMENT
89 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 MONTE BELLA 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 MONTE BELLA 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 lisled in the Proposal.
Reference Section 9- 1.06 (page 9- I I ) of the Standard Specifications. Delete the last paragraph on page 9-ll and continuing first paragraph on page 9-12 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 the progress payment pay application to the Conlractor 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 of compliance for the Contractors and all subcontractors (to be completed through the date ofpay application).
Daily Repors: 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 justiry 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 statute.
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. 9{)
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
Stormwater Best Manaqement Practices (BMPs):
General Construction and Site Supervision
Safe Environmental Habits and Procedures for:
General Contractors
Construction inspectors
Home Builders
Developers
Masons and Bricklayers
Sidewalk Construction Crews
Water Pollution Prevention lt's Up to Us:
only "stormwate/' 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.
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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 5anctuary. 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 receivinB 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 fuel and 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 Subcontractors 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 off exposed surfaces. Place trash cans and recycling receptacles around the site. r' Cover and maintain dumpsters. Check frequently for leaks. Place dum psters under a roof or cover with tarps or plastic sheeting. Never clean a dumpster by hosinB it down on-sitel y' Keep materials outoftherain. Cover exposed piles of soil orconstruction materials with plastic sheeting or temporary roofs.
r' DesiBnate one area lor 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 good working order. Check frequently for leaks. r' Use as little water as possible for dust control.
Cleaning 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
91 An erosion control program, worked out before construction begins, prevents or minimizes most erosion and sedimentation problems.
u Train your employees and Subcontractors. Make these pamphlets available to everyone working on site. lnform Subcontractors about their own responsibilities. u Schedule excavation and tradint activities for dry weather periods. u Control surface runoff to reduce erosion, especially during excavation. Use drainage ditches to divert water flow.
_l Prevent erosion by planting fast - growing annual and perennial grasses. These will shield and bind the soil.
J Do not remove trees or shrubs unnecessarily. They help decrease erosion.
Handlins Materials and Wastes
Practice Source Reduction - minimize waste when ordering materials. Order only the amounts needed to complete the iob.
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, callthe 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:
Sun Street Transfer Station
Salinas Valley Solid Waste Authority
(831) 424-5520
139 Sun Street
5alinas,93901
To Report a Spill, lllegal Dumping or a Clotted Storm Drain Call:
(831) 758-7233
95 Advanced Planning to Prevent Pollution
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Automotive Maintenance and Car Care
Equipment Rentals
Fresh Concrete and Mortar Application
Heavy Equipment and Earthmoving Activities
Landscaping, Gardening, and Pest Control
Mobile Washers and Cleaners
Roadwork and Paving
City of Salinas
Department of Public Works Maintenance Division
For more information about storm drain orotection or additional oamphlets, call:
(83717s8-7233
City of Salinas
Department of Public Work Maintenance Division
This is one in a series of pamphlets describing storm drain protection measures.
Other pamphlets include:
GONTRACTORS: Save
Time and $ on Your
Next Job...
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Salinas, CA 91901
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For morc informttion, virit :
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REDUCE, REUSE & RECYCLE!
Ask the local waste hauhr: Republi< Services how to srve by eepar:tin8 recyclebles, or if self-hauling bring the following sourre--sepanted materials co Sun St Tnnsfer Station in the he:rt of Salinas for a discounted nte:
= Yard waste
.e Wood waste
= Mrxed Construction rnd Demolition m:teriels
.. Clean Concrete ind asph:lt (wifi or without rebar)+
For prlcing lnd gu*donr plcare cell:
Republic Services: (83 I ) 775-38.10
Sun StTnnsfer Sation; (831) 775-1000
Rccycle Cerdbo.rd, Paper, iletal and Plastica for
FREE!
n.,,Bet d(gt ld (l u u gcacr) d otott did 6,,hot r''l n !. tdrn ro di. tdnwt Coqat brfi, am*fc of G.azdr,, cd fo. ,7E. i,|lhnn([*rL 97 Sct.rrtC rcrr llrtcra.li
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PART F- TECHNICAL SPECIFICATTONS
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DISCLAIMER: Ali.ens€ natus ch€ckprovid€s information tak€n fromtheCSLS li(ens€ database. Setore relyingon this intormation, you should be awar€ ofthe fotlowing limitations. 0ata current as of612/2021 3:28i10 Pt
Bus ness lnlorratron
csLB .oopl. n! di*lo.uE 13 E.tiri.d by la* (6&t 7u..51 llrhi3.ntly G !ubi..1to publk @mpl.itrt didduE.ll.k oi n.k ${ *lll app.rr b.l@ ror mo'. inro."tn. crid i.€ ror r &riiitio. ordi5d6.bre di6'
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SMITHAIIO ENRIGHT LANOSCAPING INC
541WORK Sr, SUITEC
SALINAS, CI 9390I
Susin4s Phone Numben{31!) 7s8€?66
Eniity ao.poraton
l$!.0.t. 01,/0511999
ErpiroD.t. Or/3r/t023
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Copyright C,2021 State of Catifornia
This lic.n* h.s mrt rs.ompensation ins!6nc. wiur th. SEFVICE AMERIC N I NOEMNITY COll P NY PoU<y l{u!ni.r:5MWC@0013300
E L<tlv. D.t.: 10/01/2020
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llt inlornnion b.lo, rhoulr, b. r.vi.w.rl,
This lic6* liled a Contractor's Bond with O[0 nEPUBIIC SUIETV CO P NY, ad., iurh.r: W15!369413
ElklE 0x.: 02/2112020
Cont6cro/5 6ond Hindy
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Ih.qualiryinB individu.lJAMES FRAN(LANoSMITH cenifi€d th.r he/sh€ owni I0p.r@nlor hoEolthewtintnevm.mb€6hip intereslofthiscompanl4th€refor.,theaondolQu.lifyinSt.dividurli3nol.eqeired.
Elkle Oi.: 0I/03/1999
Accessibility Ac{essibilityCertification
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no,n" ffi. coNTRAcroRs STATE LrcENsE "oo*o @
CoNTRACToRS STATE LICENSE BoARD
OContractor's License Detail for License # 1009392
olsclAlMER: a licensc n.tus chc<k provides inform.tion tak€n from thc CSIE tic.ns€ dat.bas€. 8€tore r€lying on lhis lnform.tion, you should bc aware of thc fotlowing llmitations, dd.d byri!(s.Prr. 6r Irhts. ity{ab]dbpublkomd,ddtrlos
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Eusiness lnlol.maton
sITVINO SANCH€Z TANOSCAPING
PO aol !a3
sEASIDE, CA93955
B$in6s Phon. Number:($r) 521-1732
Cntity Sol.Owne6hlp
t330.o.t. r2103/2015
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This license tiled a Connacbrs Bond wlth BUSTNESSAILTANCE TNSURANCECONP NY tdd {umb.i G3loogao72Po
llf.Etiv. Dn.: r1/lr2013
Cdtn.to/s Bo.d Hinory
This li.e.* has Nrlc6 .ohpens.tion insura.c€ wirh th€ oBo sEcuRlTY lt{suR^l{cE CoMPANY Plli.y Nqmb.r-YWS5788a75
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copyright c 202I State of california
Accessibility A.cessibilityCertifi.ation
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DISCIAIM ER: A li.ens. statu. .heck provides inlormation tak.n lrom thc CSLB tienr. d.r.bas€. B.lor€ r.lyins on this information, you ihould b. aware of th€ following limitations. d t 1* {&F Trlr O lllhL lnbrv h 'uhid b ,ubrt <ffrr,int dsloaE di I odlyoi*rudiond .d.ivilludF.ib4pod.dbcsramdld.ndlE&P7o7r.r1 nt6lom''ionl[hamlFlb..tr.i
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Eusiness lnfomraiion
HIMfS LANDSCT}INCAND CONCR'TE INC
445 BOROi{OA RO
SALINA5,C 93901
I $ir6t Ph on. Nu m b.r:{33r I 59a-5 !32
Entity Corpo..rlon
l!u.D.t 09/212007
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copyright @ 2021 State of Californ ia
License Stalus
Classiilcatons
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WorkeE' Cofipensaton
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E .dik o.t : OlOr/2020
contactor/! Bo.d Hierory
a.n.l .t Qlllitinr lndlviil!.|
Th. qu.lltjn3 ihdividu:l lslDRo H EiNANoEz-uURItLo ..niti.d that h./3hE offi r0 p.ent or morc ol rh. bt'nr sto.ldm.mS.Rtip int.rcst ol this comFny: thd.rore, th. Bo.d ot Qu.litinS l.divldu.l ir not r.g!indEn db.D.t r Orl3I/]Or5 Thhli..nse h:!wo.l.E comp.nrarjon insuEncewlthth. PREFERREo PROaE5Sl0NAL INSURANCE COMPANY Poli.y uml.r:oNl0160ol
ci..tiw o.t : 08/0r/1020
wo .B' C6mp.nsalion Hinory
Accessibility Accessibility Certification
OContractor's License Detail for License # 903795
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
c2060437
09t09t2020
Corporation
CALIFORNIA
GJ34667
By signing this document, I certify that the information is true and conect and that I am authorized by Califomia law to sign.
Electronicsignature: SelenaHerrin
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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.
California Secretary of State
Electronic Filing
Corporation - Statement of lnformation
Entity Name: HE[/I'S LANDSCAPING AND
CONCRETE INC.
c3766798
05t17t2021
Corporation
CALIFORNIA
GT34455
Detailed Filing lnformation
1. Entity Name: HEMI'S LANDSCAPING AND
CONCRETE INC.
2. Business Addresses:
a. Street Address of Principal
Offlce in California: 446 Boronda Road
Salinas , California 93907
United States of America
b. Mailing Address
3. Officers:
a. Chief Executive Oflicer: 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
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FILED
Entity (File) Number:
File Date:
Entity Type:
Jurisdiction:
Document lD:
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
California Secretary of State
Electronic Filing
Officers (cont'd):
c. Chief Financial Officer:
4. Director:
Marisa l\,4arie Hernandez
446 Boronda Road
Salinas , California 93907
United States of America
lsidro Hernandez
446 Boronda Road
Salinas , California 93907
United States of America
0 Number of Vacancies on the Board of
Directors:
5. Agent for Service of Process Marisa Marie Hernandez
446 Boronda Road
Salinas, California 93907
United States of America
6. Type of Business Landscaping and Concrete
By signing this document, I certifl/ that the information is true and correct and that lam authorized by California law to sign.
ElectronicSignature: lsidroHernandez
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City of Salinas
Business License
19 26 CONTRACTORS
License Section Business Name and Address
Smith & Enright Landscaping
540 WORK ST C
SALINAS, CA 93901
License Number
07666
This license evidences that the person(s), flrm, 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 lhis license shall not be conslrued as compliance with other City Ordinances, State Law, or Federal Laws.
THIS LICENSE IS NOT TRANSFERABLE
Smith & Enright Landscaping Type of Business
Specialty Contractor
540 Work St #C
Salinas, CA 93901
* *
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30 Jun 2022
Expiration Date
DISPLAY IN A CONSPICUOUS PLACE
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City of Salinas
Business License
19 26 CONTRACTORS
License Section Business Name and Address
Silvino Sanchez Landscaping
328 Roberts AVE
Seaside, CA 93955
30 Jun 2022
Expiration Date
License Number
FtNBL2l -00148
This license evidences that the person(s), lirm, 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 nol be construed as compliance \,vith other City Ordinances, State Law, or Federal 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
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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 evidences that the person(s), flrm, or mrporation 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 Hemi's Landscaping & Concrete lnc
lsidiro Hemandez
446 Boronda Rd
Salinas, CA 93907
Type of Business
Specialty Contractor
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Great American lnsurance Company
AMB #: 002213 NAIC #: 16691
Domiciliary Address
301 E. Fourth Street
Cincinnati, Ohio 45202
United States
Web: www.greatamericaninsurancegroup.com
Phone: 5'13-369-5000
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 AIV1 Best's analysis, 058317 - American Financial Group, lnc- is the AMB Ultimate Parent and identifles the topmost entity of the corporate structure. View a list of operating insurance entities in this structure.
Best's Credit Ratings
Financial Strength View Definition
Rating (Rating Category): A+ (Superior)
Outlook (or lmplication): Stable
Action: Affirmed
Effective Dale: October 28, 2020
lnitial Rating Date: September 30, 1908
Long-Term lssuer Credit View Definjtion
Rating (Rating Category): aa- (Superior)
FEIN #: 310501234
Outlook (or lmplication):
Action:
Effective Date:
lnitial Rating Date:
Stable
Affirmed
October 28, 2020
June 17, 2005
Financial Size Category View Definitron
Financial Size Category: XV ($2 Billion or greater)
u Denotes Under Review Best's Rating
Best's Credit Rating Analyst
Rating Office: A.M. Best Rating SeNices, lnc.
Associate Director : Erik Miller
Director: Jennifer ltilarshall, CPCU, ARM
Note: See the Disclosure information Form or Press Re/ease below for the office and analyst at the time of the rating event.
Disclosure lnformation Form
View AM 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
AI\,4 Best has provided ratings & analysis on this company since 1908 Financial Strength Rating
Effective Date
1012812020
911112019
Rating
Disclosure lnformation
Rating History
8t17 t2018
811112017
511212016
Effective Date
10t28t2020
th1l201s
811712018
811112017
511212016
A+
Long-Term lssuer Credit Rating
Rating
aaaaaaaaRelated Financial and Analytical Data
The following links provide access to related data records that Alvl Best utilizes to provide financial and analytical data on a consolidated or branch basis.
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 financials 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 the data used in determining rr-;the current credit rating(s) for Alril Best Rating Unit: AMB #: 005990 - Great American lnsurance Companies.
'.1:, Best's Credit Reporl - Archive - reports which were released prior to the current Best's Credit Report \... r Best's Financial Report - flnancial data included in Best's Financial Report reflects the most current data 'f-. available to Atvl 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 Find a Best's Credit Rating
Press Releases
Title
Jan 28, 2021 AlVl 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 Al\il Best Affirms Credit Ratings of El Aguila, Compaiia de Seguros, S.A. de C.V.
Oct 28, 2O2O Al\rl Best Affirms Credit Ratings of American Financial Group, lnc.; Upgrades Ratings of Key Life and Workers' Comp Enlities
Nov 14, 2019 Al\.4 Best Affirms Credit Ratings of El Aguila, Compafria de Seguros, S.A. de C.V.
Sep 11,2019 AIV Best Affirms Credit Ratings of American Financial Group, lnc. and lts Insurance Subsidiaries
Dec 14,2018 AM Best Affirms Credit Ratings of El Aguila, Compaffia de Seguros, S.A. de C.V --l I
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A.M. Best (EU) Rating Services B.V (AMB-EU), a subsidiary of A.M. Best Rating Services, lnc., is an External Credit Assessment lnstitution (ECAI) in the ElJ. Therefore, credit ratings issued and endorsed by AN,IB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU.
LJnited Kingdom Disclosures
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Australian Disclosures
A.M. Best Asia-Pacific Limiled (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 Corporalions 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. ANrBAP 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 financial product- AN.4BAP Credit Ratings are intended for wholesale clients only, as defined.
Credit Ratings determined and disseminated by AMBAP are the opinion of Al\rBAP only and nol 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 olher form of financial product, including insurance policies and are not a recommendation to be used to make investment lpurchasing decisions.
lmportant Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AN.4 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. AM 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 definitions, please view Guide to Best's Credit Ratings.
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Service American lndemnity Company
AMB #: 020601 NAlc #: 39152
Mailing Address
P.O. Box 26850
Austin, Texas 78755
United States
FEIN #: 532048400
Web: www.servicelloyds.com
Phone:512-637-3100
Fax,' 512-485-2735
View Additional Address lnformation
AM Best Rating Unit: A[/B #:018385 - Service Insurance Group Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations.
Based on AtVl Best's analysis, 046834 - Service lnsurance Holdings, Inc. is the AMB Ultimate Parent and identifles the topmost entity of the corporate structure. View a list of operating insurance entities in this structure.
Best's Credit Ratings
Financial Strength View Definitron
Rating (Rating Category): A- (Excellent)
Affiliation Code: p (Pooled)
Outlook (or lmplication): Stable
Action: Affirmed
Effective Date: Juoe 18,2021
lnitial Rating Date: July 05,2018
Long-Term lssuer Credit View Definition
View additional news, reports and products for this company.
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 lvlillion to $250 lt/illion) u Denotes Under Review Best's Rating
Best's Cred it Rating Analyst
Rating Office: A.lvl. Best Rating Services, lnc.
Financial Analyst: Kourtnie Beckwith, CPCU, AU, AMIM
Associate Director : Daniel Teclaw
Note: See the Disclosure information 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 AIV Best's Rating Review Form
AM Best has provided ratings & analysis on this company since 2018 Financial Strength Rating
Effective Date
611812021
7 t3012020
8115t2019
7 t5t2018
Rating
A.
Rating History
3t23t2018 NR
Effective Date
611812021
713012020
8115t2015
7t5t2018
312312018
Rating
aaanr
Best's Credit & Financial Reports
.J-. 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: AIvIB #: 018385 - Service lnsurance Group. {- 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 !-,available to AM Best, including updated financial exhibits and additlonal company information, and is available to subscribers of Best's lnsurance Reports.
View additional news, reports and products for this company.
Long-Term Issuer Credit Rating
Press Releases
Date
Jul 05,2018 A.t\il. Best Assigns Credit Ratings to Service American lndemnity Company Find a Best's Credit Rating
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A.Nr. Besl (EU) Rating Services B.V (AMB-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-EL may be used for regulatory purposes in the EU as per Directive 2013/36/EU.
United Kingdom Disclosures
A.lvl. Best - Europe Rating Services Limited (AN4BERS), a subsidiary of A.M. Best Rating Services, lnc., is an External Credil Assessment lnstitution (ECAI) in the United Kingdom (UK). 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 2019.
Australian Oisclosures
A.M. Best Asia-Pacillc Limited (AN.4BAP), 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 No411055) under the Corporations Act 200'1. Credit ratings emanating from AMBAP are nol 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 Title
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 producl or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined.
Credit Ratings determined and disseminated by AMBAP are the opinion of Al\rBAP only and nol any specillc credit analyst. AN/BAP Credit Ratings are statements of opinion and not statements of iact. 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: AM Best's Credit Ratings are independent and objective opinions, nol statements of fact. AIV 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. AM 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 definitions, please view Guide to Best's Credit Ratings.
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