Attachment B
AGREEMENT FOR PROFESSIONAL SERVICES
(Citywide Landscape Maintenance Services)
THIS AGREEMENT is made on June 17, 2025, by and between J.D. Humann Landscaping Inc. and the City of Santa Maria, a California Municipal Corporation and charter City (“City” ), in the Santa Maria, California, based on the following recitals:
1. The City is involved in the maintenance of certain public right -of-way areas in connection with the Landscape Maintenance Districts , Special Benefit Zones , retention basins, plazas, and parks throughout the City of Santa Maria; and
2. The City requires a duly qualified landscape contractor with experience in providing professional landscape maintenance services throughout the City of Santa Maria; and
3. J.D. Humann Landscaping Inc. is a firm having the necessary experience and qualifications to provide the landscape maintenance; and
4. The City has funds for the provisions and services of landscape maintenance; and
5. On April 22, 2025, the City issued a Notice Inviting Sealed Reque st for Proposals for provision and service of landscape maintenance (RP-2025-01); and
6. J.D. Humann Landscaping Inc. has submitted a Proposal that the City has deemed acceptable, has provided a staffing plan that has been deemed acceptable, has extensive knowledge and is qualified to provide the needed services, and is willing to provide those services on mutually agreeable terms; and
NOW, THEREFORE, IT IS AGREED:
1. Recitals True. The above recitals are true.
2. General.
2.01 Term and Termination. The term of this contract is three years, beginning on the date first written above. This contract may be extended by the mutual consent of the parties for up to three consecutive one -year periods . This contract may be terminated for breach of its terms and conditions, or because of the discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice, as specified in this Agreement.
2.02 Services to be Performed. The “Scope of Work” is hereby attached as Exhibit “A”. J.D. Humann Landscaping Inc.’s proposal, dated May 16, 2025, and consisting of a price quote, and an insurance certification, is attached hereto as Exhibit “B”.
J.D. Humann Landscaping Inc. shall determine the method, details and means of providing service and delivery of landscape maintenance in the Landscape Maintenance Districts , Special Benefit Zones , and other City landscaped areas .
More specifically, J.D. Humann Landscaping Inc. agrees to perform the specific services set forth in Exhibits “A”, “B”, “C”, D”, and “E”. In its sole discretion, City may reduce or increase the scope of work upon 30 days written notice to Contractor.
Price shall be reduced or increased in proportion to the reduced or increased scope Attachment B
of work on a time and materials or unit basis and shall be documented in a change order to this Agreement.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with J.D.
Humann Landscaping Inc. in the performance of the Agreement and timely pay ment of invoices.
2.04 Payment and Liquidated Damages. City shall pay J.D. Humann Landscaping Inc. for the services provided under this Agreement in accordance with the prices quoted in Exhibit “B”. Payment terms under this Agreement are listed in Exhibit “ C”.
Repairs to correct irrigation problems shall be performed within 24 hours of being notified either in writing or verbally of an irrigation problem. Special Requests for Weed Abatement, Trash Removal, Trimming, Mowing, and any other service contemplated in th is agreement shall be performed within the timeline allocated to the Contractor by the City’s Authorized Representative . If repairs are not made within the time period specified by the City’s Authorized Representative , the City’s Authorized Representative may, i) self- perform all or part of the work to resolve the issue and any restoration resulting from delays with City of Santa Maria Employees, and/or ii) outsource the repair, service, and restoration, etc. to another Licensed Contractor, and deduct the amount paid for labor and materials, plus penalties, and a 15% Administrative Expense from the monthly billing.
2.05 Insurance. J.D. Humann Landscaping Inc. shall provide insurance as set forth in Exhibit “D”.
3. Contractor’s Obligations.
3.01 Mi nimum Amount of Service . J.D. Humann Landscaping Inc. shall devote sufficient time to perform services under this Agreement efficiently and effectively.
J.D. Humann Landscaping Inc. may represent, perform services for, and be employed by additional individuals o r entities at J.D. Humann Landscaping Inc. sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City’s business.
3.02 Schedules. J.D. Humann Landscaping Inc. shall provide a wo rk schedule specifically outlining the days of the week specific tasks listed in the scope of services will be performed. For example: litter pick-up, mowing, pruning, general maintenance, irrigation check, etc. This schedule must be app roved by the City’s Authorized Representative. All work performed shall be completed on the days indicated on the approved work schedule and can be changed only with the approval of the City’s Authorized Representative.
3.03 Tools and Equipment . Except as otherwise stat ed in this Agreement, J.D.
Humann Landscaping Inc. will supply all tools and equipment necessary to perform this Agreement. All J.D. Humann Landscaping Inc. vehicles shall be easily identified by the public with a magnetic sign attached to each vehicle wi th the name of the company, phone number and a statement to the effect that the crew is under contract with the City of Santa Maria Landscape Maintenance Districts.
3.04 Status. J.D. Humann Landscaping Inc. (including its employees) is an independent co ntractor. No employer/employee relationship exists between J.D.
Humann Landscaping Inc. and the City. J.D. Humann Landscaping Inc. assigned Attachment B
personnel shall not be entitled to any benefits payable to employees of the City. The city is not required to make any deductions or withholdings from the compensation payable to J.D. Humann Landscaping Inc. under this agreement.
3.05 License. J.D. Humann Landscaping Inc. must have a State of California C -27 Landscape Contractor License.
3.06 Indemnification. To the fullest extent allowed by law, J.D. Humann Landscaping Inc. shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liab ilities (including witho ut limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative costs of alternative dispute resolution) regardless of nature or type that arises out of, pertain to, or relate to the negligence, reckl ess, or willful misconduct of J.D. Humann Landscaping Inc. or the acts or omissions of an employee, agent or subcontractor of J.D. Humann Landscaping Inc.. The provisions of this paragraph survive completion of the services or the termination of this cont ract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices . All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated rep resentative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
Attn. Alex Posada, Director Attn. John D. Humann, President 615 S. McClelland 201 W. Broadway, Suite 122 Santa Maria, CA 93454 Santa Maria, CA 93457
If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the oth er party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.
4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This Agreement shall be interpreted in ac cordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.
Attachment B
4.06. Warranty of Authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this Agreement are sev erable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Pre vailing Wage. If applicable, Contractor and all subcontractors are required to pay the State prevailing wage rates with certified payroll Pursuant to CA Labor Code Section 1771 et seq., http:www.dir.ca.gov/PWD/index.htm The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Obtain the project D.I.R. numbe r from the Recreation and Parks Special District Supervisor . Contractor shall follow all applicable requirements in Exhibit “E”.
IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.
CONTRACTOR
J.D. HUMANN LANDSCAPING INC.,
a California Corporation
By: ___________________________
John D. Humann, President
President
By: ___________________________
Daniel Wiggins
General Manager
CITY
CITY OF SANTA MARIA, a California Municipal
Corporation
By:
Alex Posada
Director of Recreation and Parks
ATTEST:
By: _____________________________
Donna G. Schwartz
Chief Deputy City Clerk
Attachment B
EXHIBIT “A”
SCOPE OF WORK
Description
The landscape main tenance preserves and sustains the quality of the landscape. Landscapes are generally designed with a given style, formal or informal. Proper maintenance maintains the intended design concept.
Work Included
J.D. Humann Landscaping Inc. must have a worki ng knowledge of the maintenance of turf areas, mowing requirem ents and operations, plant identification and pruning requirements, irrigation systems and repair, drainage systems and debris removal, post and pre -emergent application, fertilizer application, and other related work. J.D. Humann Landscaping Inc. shall keep City representative informed of areas needing any renovation including replenishing bark, dead or dying plant material or missing plant material.
Severability of Tasks
The City reserves the right of severability; any clause or task within these specif ications may be deleted at the discretion of the Recreation and Parks Department. Adjustments to the contract costs will be made accordingly.
Quality Assurance
J.D. Humann Landscaping Inc. and/or employees must be properly licensed and registered to perform pest control work described below.
Site Conditions
Existing Conditions. J.D. Humann Landscaping Inc. shall inspect the entire site and be familiar with the requirements and growth habits of all existing plant material. INITIAL
Environmental Conditions. J.D. Humann Landscaping Inc. shall immediately advise the Recreation and Parks Department of disease or pest problems and any other conditions, which may be detrimental to the condition of the landscape or fixtures therein. INITIAL
Scheduling
Maintenance services shall be provided on a weekly basis, Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m. J.D. Humann Landscaping Inc. shall provide to the City’s Authorized Representative for approval, a work schedule specifically o utlining on which days of the week specific tasks of the Agreement will be performed, for example: litter pick -up, mowing, pruning, general maintenance, irrigation check, etc. All work performe d within the Agreement area shall be completed on the days indicated and can only be changed with the acknowledgement and approval of the Recreation and Parks Department representative.
J.D. Humann Landscaping Inc. shall submit a monthly report that indicates all the work that was performed within the contracted are a, such as litter pick -up, mowing and edging , irrigation inspections, pesticide a nd herbicide applications , disease and pest control (as referenced in the RFP), to the City’s Authorized Representative
Warranty
Attachment B
J.D. Humann Landscaping Inc. shall furnish all supervision, labor, materials, and equipment necessary for the complete maintenance of all landscaped areas.
Plant materials shall be maintained in a healthy and vigorous condition and allowe d to grow and develop natural growth habits without being clipped into balled or boxed forms.
Irrigation and drainage systems shall be kept in good working order, and the general site kept clean, and free of litter, debris, or graffiti. This includes all drainage swales, inlets and outlets.
J.D. Humann Landscaping Inc. shall restore or replace any trees, shrubs, ground covers, lawn, perennials, annuals, or irrigation components damaged by J.D. Humann Landscaping Inc. action or lack of action. This includes lack of water or over-watering. Please note that these conditions should be noted when irrigation checks are performed.
J.D. Humann Landscaping Inc. is obligated to notify the City’s Authorized Representative of any dead or dying plant material including vines, shrubs, groundcover or trees. J.D. Humann Landscaping Inc. shall be responsible for replacing any dead or dying plant material that was previously well - established with appropriate plant size (5 gallon plants/24” box trees).
J.D. Humann Lan dscaping Inc. shall not be responsible for the following, unle ss specifically agreed upon:
Replacement of plant material damaged or destroyed by storms, or other causes beyond J.D.
Humann Landscaping Inc. control.
Equipment
J.D. Humann Landscaping Inc. shall provide and maintain all equipment necessary to properly complete the maintenance work. Equipment shall be safe, proper, efficient, and suited to and for, the job. All cutting blades shall be kept properly sharpened. All equipment must have all re quired safety devices in place and fully operational.
PRODUCTS
Pesticides
Whenever possible, integrated pest management (IPM) should be used with the intent of minimizing the use of pesticides . All pesticides MUST be registered in the State of Californi a and conform to all requirements of the California Food and Agriculture Code.
Herbicides
Least toxic products shall be considered. All herbicides MUST be registered in the State of California and conform to all requirements of the California Food and Agriculture Code.
EXECUTION
Trees
All tree maintenance/trimm ing shall be provided by the City of Santa Maria. No string trimmers or mowers are to be allowed closer than two feet from the trunk of trees. Herbicides, hand pulling and mulching are to be used to suppress weeds and grass as needed within the two foot radius.
Shrubs and Vines
Pruning
Attachment B
The general objectives for pruning shrubs and vines are to maintain growth within space limitations, to maintain a natural appearance, to eliminate diseased or d amaged growth, and to select and develop permanent branches.
General pruning may be done at any time, but major pruning should be done no more than once a year.
Shrubs shall be pruned to conform to the design concept of the landscape.
Individual shrubs shall not be clipped into balled or boxed forms but allowed to exhibit their natural growth habits. Plants shall be pruned to conform to their natural growth characteristics whenever possible, except with the 50-foot site view triangles at road intersections, where a 36-inch height must be maintained.
Vines shall be pruned to control growth and direction and shall be kept “in-bounds” and not allowed to grow over walls, doors, gates, or other structural facilities. Vines shall be trimmed to within two blocks of the top of the walls. Ground vines shall not be allowed to cover the crowns of shrubs or grow up tree trunks.
To prevent leggedness (sparse lower branches), shrubs shall be maintained with the lower foliage wider than the upper foliage.
Ground Covers
Edging
Ground covers shall be edged up to four times a year, maximum growth will be six inches over adjacent concrete, and maximum pruning back will be to the edge of concrete.
Lawns
Mowing
Lawns shall be mowed weekl y in season to provide a neat ap pearance. Abandoned lawn shall be kept trimmed and edged as needed without a specific schedule.
As a general rule, warm-season grasses are mowed shorter than cool-season grasses. Begin mowing at two and a half inches in the spring, and adjust to three inches by late summer and early fall. Avoid scalping during the growing season.
Edging/Weed-eating
All lawn edges shall be edged every two weeks throughout the year.
Obstacles within the lawn areas shall be edged to maintain a grass -free clear space of t wo inches in width.
Lawn sprinkler heads shall only be edged to allow for proper distribution of water.
Aerate lawns four times and dethatch one time each year in lieu of mowing as turf growth rate allows.
Irrigation Systems
General
The frequency and du ration of irrigation shall be determined and monitored by the City’s Authorized Representative. It is J.D. Humann Landscaping Inc. responsibility to inform the City’s Authorized Representative of any dry areas or wet areas in a timely fashion.
Attachment B
All irrigation controllers should be programmed to run between the hours of 10:00 p.m. and 6:00 a.m. by the City’s Authorized Representative.
J.D. Humann Landscaping Inc. shall perform inspections and notify the City’s Authorized Representative of any irrigation problems.
System Maintenance
All replacement heads or parts sha ll be of the same manufacturer, type, and application rates as approved by the Recreation and Parks Department.
J.D. Humann Landscaping Inc. shall be required to make repairs to correct irrigat ion problems within 24 hours of being notified of an irrigation problem. If repairs are not made within the specified time period, the City’s Authorized Representative shall outsource the repair and deduct the amount paid for labor and materials, plus penalties, from J.D. Humann Landscaping Inc. monthly billing.
J.D. Humann Landscaping Inc. shall be responsible for making repairs on all irrigation system lateral lines one inch or less in size. Any additional repairs larger than just stated shall be at th e agreed upon irrigation rate which includes the cost of material plus 15 percent. A copy of the material invoice must accompany all billing invoices. This includes vandalism, accidents, and acts of God.
The irrigation system shall be flushed as needed if the irrigation checks demonstrate that a problem exists. The flushing shall be coordinated with the City’s Authorized Representative. Irrigation checks must be noted on the monthly inspection sheets that are turned in to the Recreation and Parks Department. Random quality checks will be done throughout the year as referenced by the RFP.
Drainage Systems
Drainage systems must be routinely checked for blockage which could cause ponding, flooding, and excessive saturation of the soil and plant root zones.
Surface drainage swales and/or gutters shall be kept free of leaves, debris, and sediment accumulations.
Disease and Pest Control
All chemicals MUST be applied under the strict supervision of a California Department of Pesticide Regulation licensed and qualified pest control applicator, per the manufacturers’ recommended label application procedures, and the laws regulating pesticide application. Integrated pest management (IPM) shall be used whenever possible and least toxic materials used.
Plants and lawns shall be maintained in healthy condition such that th ey are able to withstand minor disease and insect damage without controls. Routine applications of pesticides are not permitted, as this practice destroys natural, predator-prey relationships in the environment.
In general, incidence of serious disease and insect problems shall be minimized by proper fertilization and irrigation practices. Where unusually high infections or infestations occur, an accurate identification of the disease or insec t shall be made and the control product selected with care, pr ior to application.
Insecticidal soaps shall be utilized wherever possible.
Attachment B
Rodents such as gophers, mice, ground squirrels and rabbits shall be trapped or controlled with approved baits.
J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying pesticides.
Weed Control
Use of Herbicides – Herbicides may be used to control and inhibit weed growth, but must be selected with extreme care. Pre -emergent, contact, and translocation herbicides are available. Some herbicides can cause damage to plant material. Herbicides must be applied in strict accordance with manufacturers’ label application procedures. The name, quantities and location of all herbic ides applied, shall be given to the City’s Authorized Representative.
Shrub and Ground Cover Areas – Shrub and ground cover areas shall be maintained free of weeds and grasses. Herbicides may be used to control weed growth. Careful consideration shall b e given to the choice of materials used, since certain herbici des can cause damage to turf grass and some ground covers.
Lawns
Weed infestations shall be discouraged by proper maintenance, including but not limited to proper mowing, proper watering, and proper fertilization.
Any and all deficient practices shall be corrected.
Before selecting and applying herbicides to lawns, the type of weed shall be carefully identified.
Herbicides shall be used as little as possible. Only when necessary shall herbic ides be used as a means of swinging the weed-grass competition in favor of the turf grass.
Other Weed Control – Weeds shall not be allowed to grow in paved areas such as driveways, curbs, walks, and paths. Weeds can be removed manually, or herbicides may be used for control. The use of weed oil, diesel fuel, or other staining or damaging materials is not allowed. Dead weeds shall be removed from all pavements.
J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying herbicides.
Debris Removal
Litter and trash includin g but not limited to leaves, rubbish, papers, bottles, cans, and other debris shall be removed from all areas of the sit e one time per week on Monday or Tuesday. This shall include emptying of all trash cans and waste cans at doggie bag stations.
Doggie bags shall be replaced in their appropriate containers. The bags shall be supplied by the City’s Authorized Representative.
J.D. Humann Landscaping Inc. shall remove all unapproved signage, such as “For Sale”, “For Rent” and “Garage Sale” signs, etc. w hen observed within all public easement areas. Do not remove any political signage.
Attachment B
Graffiti removal from play equipment. Specification for removal shall be provided by the City’s Authorized Representative. Graffiti other than on play equipment along with shopping carts shall be immediately reported via phone to (805) 925-0951, extension 2667.
Homeless encampments shall be immediately reported to the City’s Authorized Representative.
All refuse from the maintenance operation shall be disposed of properly.
Additional
J.D. Humann Landscaping Inc. shall provide to the City’s Authorized Representative the name and phone number of the individual responsible for this Agreement between the hours of 7:00 a.m. and 6:30 p.m.
All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in writing through a Task Order and approved by the City’s Authorized Representative, prior to performing the work in o rder to receive payment. At no time shall J.D. Humann Landscaping Inc. engage in any work that is considered beyond the scope of the original Agreement without written approval. All additional work shall include the cost of materials, hourly rate, time required to perform the repair and total, charges will follow rates provided on Exhibit “B.”
J.D. Humann Landscaping Inc. shall provide a 24-hour emergency phone number and name of two (2) contact individuals. These individuals shall be able to be reached in the event of an emergency between 6:30 p.m. and 7:00 a.m. Should the phone number or contact persons change during the course of the Agreement, those changes must be provided to the City’s Authorized Representative.
EMERGENCY CONTACTS:
Name: Daniel Wiggins, General Manager, [email protected]
Phone Number: 805-878-9808
Name: Armando Reyes
Phone Number: 805-260-4851
Name: Jorge (Angel) Hererra
Phone Number: 805-310-1314
Attachment B
EXHIBIT “B”
Price Quote and Insurance Certification
1. Contractor’s Price Quote
2. Contractor’s Proof of insurance
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “B” (CONTINUED)
Extra’s Price List
Unit cost for the complete purchase and installation of the items listed below. Truck and personnel rates will be used for projects that the unit pricing does not cover.
1 gallon plant installed $15.00
5 gallon plant installed $28.00
15 gallon tree installed $165.00
24” box tree with staking installed $385.00
Flat of Gazania ground cover installed $45.00
I cubic yard of died wood chip ‘bark’ installed $105.00
Support truck per hour $15.00
Crew member per hour $45.00
Foreman/Specialist per hour $55.00
This list will qualify Contractor for small repair and maintenance projects without the need for bid proposals.
Attachment B
EXHIBIT “B” (CONTINUED)
Attachment B
EXHIBIT “C”
PAYMENT TERMS
J.D. Humann Landscaping Inc . fees and compensation: amount, how, and when payable. J.D.
Humann Landscaping Inc. agrees that for all work and services, including supplies and equipment, pertaining to th e Landscape Maintenance Services and required to be furnished by J.D. Humann Landscaping Inc. to the City, that City agrees to pay to J.D. Humann Landscaping Inc., and J.D. Humann Landscaping Inc. agrees to accept and receive as payment in full the fees as set forth below:
AREA UNIT COST UNITS NOT TO EXCEED
Northwest District $0.21/SF 731,318 SF $153,576.78
Northeast District $0.21/SF 1,316,582 SF $276,482.22
Southwest District $0.21/SF 3,109,949 SF $653,089.29
Extra Services See “Extra” Pricing - $350,000.00
SF = Square Feet
TOTAL CONTRACT VALUE = $1,433,148.29
Extra Services All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in w riting through a Task Order and approved by the City’s Authorized Representative, prior to performing the work in order to receive payment.
Monthly Progress Billing. J.D. Humann Landscaping Inc. shall furnish City with an itemized monthly progress billin g for all services rendered. Such progress payments shall be due and payable by the City to J.D. Humann Landscaping Inc. within thirty (30) days after presentation of the approved invoices, expect one week for approval.
Separate billing sheets shall be submitted for each individual Landscape Maintenance District and Special Benefit Zone. Do not combine any special Benefit Zone even if they are within the same Landscape Maintenance District. Payment of any individual billing sheet may be delayed until completion of any unmet scheduling commitments.
J.D. Humann Lan dscaping Inc. agrees to pay penalties automatically deducted from monthly billing as detailed in Section 2.04
J.D. Humann Landscaping Inc. has the right to dispute penalties imposed by the Special District Supervisor or his/her representative, by written response to the notification of said penalties within five (5) working days from the date of notification.
Attachment B
EXHIBIT “D”
INSURANCE REQUIREMENTS
J.D. Humann Landscaping Inc. shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by J.D. Humann Landscaping Inc., his/her agents, representatives, or employees. If J.D. Humann Landscaping Inc. maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001), including products and completed operations, property damage, bodily injury and personal &advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
J.D. Humann Landscaping Inc. shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Worker’s Compensation: Statutory limits.
4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability-$1,000,000 per occurrence or claim, $2,000,000 aggregate
Self-insured Retentions
Attachment B
Self-insured retentions must be declared to and approved by the City. The City may require the J.D. Humann Landscaping Inc. to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of J.D. Humann Landscaping Inc. including materials, parts or equipment furnish ed in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to J.D. Humann Landscaping Inc. insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, J.D. Humann Landscaping Inc. insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return - receipt requested.
4. J.D. Humann Landscaping Inc. hereby grants to City a waiver of any right to subrogation which any insurer of said J.D. Humann Landscaping Inc. may acquire against the City by virtue of the payment of any loss under such insurance. J.D. Humann Landscaping Inc. agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the cont ract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, J.D. Humann Landscaping Inc. must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless Attachment B
otherwise acceptable to the City.
Verification of Coverage
J.D. Humann Landscaping Inc. shall furn ish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the wo rk b eginning shall not waive J.D.
Humann Landscaping Inc. obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, includin g endorsements effecting the coverage required by these specifications at any time.
Special Risks or Circumstances
The city reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment B
EXHIBIT “E”
PREVAILING WAGE
The terms of this Agreement apply to all public works projects for over $1,000.
For purposes of this Exhibit, “Public Works” includes any project of a type defined in California L abor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and o ther preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:
1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preco nstruction phases of construction, including but not limited t o inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.
1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wag es also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.
1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on fi le with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to on e or more additional expiration dates with additional predeter mined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
Attachment B
2. Penalties for Violations. The Contractor and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The Contractor and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them avai lable for inspection. The Contractor shall require all subcontractors to also comply with section 1776. The Contractor and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The Contractor shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the Contractor and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprentice able occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the payment of compensation o f its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ com pensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the Contractor as directed by the DIR, pursuant to California Labor Code section 1727.
9. Contractor and Subcontractor Registration Requirements. The Contrac tor and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 Contractor certifies that the Contractor has verified that all Contractor and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Attachment B
Labor Code sections 1771.1 and 1725.5. The Contractor shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.
10. Stop Order. Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on ALL public works until the unregistered contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.