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PW Parkette Maintenance ProjectCity of San Rafael ♦ California Form of Agreement for Informal Bids Parkette Maintenance This Agreement is made and entered into as of the -,Zyld day of [tua , 2017 by and between the City of San Rafael (hereinafter called City) and Forster and Kroeger Landscape Maintena ce, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the routine weekly and monthly landscape maintenance work for the project entitled "Parkette Routine Landscape Maintenance," all in accordance with the scope of work and requirements outlined in the Request for Proposals dated April 11, 2017 attached hereto as Attachment A and incorporated herein by reference. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3.Term of Agreement. (a) The term of this Agreement shall be one year, commencing on May 1, 2017 and terminating on April 30, 2018, unless sooner terminated as provided in subsection (b) of this Section. (b) Either party may terminate this Agreement without cause upon sixty (60) days written notice mailed or personally delivered to the other party. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) daytime period. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. (c) This Agreement may be extended once for a period not to exceed one (1) year, upon mutual agreement of the parties. For any such extended term, the unit costs set forth herein shall be increased by an amount not to exceed the percentage increase in the consumer price index ("CPI") for California, All Urban Consumers, San Francisco - Oakland -San Jose areas, as published by the Bureau of Labor Statistics, San Francisco, over the most recent twelve month period for which figures are available not less than 60 days prior to the commencement of the extended tern. 4. The Contract Sum. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed, at the unit price stated. BID ITEMS Item Description Quantity Unit Unit Cost Total Cost Hillview Parkette a. Monthly Maintenance (April — October) 7 @ EA $400 - $2,800 b. Monthly Maintenance (November - March) 5 @ EA $300 = $1,500 2. Bay Trails Parkette a. Monthly Maintenance (April October) 7 @ EA $750 — $5,250 Agreement • 1 LA -1--WA A Item Description b. Monthly Maintenance (November - March) 3. Bernard Hoffman Parkette a. Monthly Maintenance (April - October) b. Monthly Maintenance (November - March) 4. Arbor Parkette a. Monthly Maintenance (April - October) b. Monthly Maintenance (November - March) 5. Spinnaker Parkette a. Monthly Maintenance (April October) b. Monthly Maintenance (November - March) 6. Munson Parkette a. Monthly Maintenance (April - October) b. Monthly Maintenance (November - March) 7. Schoen Parkette Quantity Unit Unit Cost Total Cost 5 n EA $500 = $2,500 7 @ EA $1,200 = $8,400 5 @ EA $600 - $3,000 7 @ EA $800 - $5,600 5 @ EA $500 = $2,500 7 @ EA $1,200 - $8,400 5 @ EA $600 = $3,000 7 @ EA $800 - $5,600 5 d EA $500 = $2,500 a. Monthly Maintenance (April -October) 7 @ EA $1,400 $9,800 b. Monthly Maintenance (November - March) 5 @ EA $500 - $2,500 GRAND TOTAL SUM: $57,650 5. Payments. Payment will be made monthly upon receipt by the City of itemized invoices submitted by Contractor, showing work performed during the invoice period. 6. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. Agreement • 2 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect 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 the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR'S. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing Agreement • 3 all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 7. Indemnification. (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 8. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 9. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 10. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 11. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Raul Garcia Forster and Kroeger, Inc. 77 B Larkspur Street San Rafael, CA 94901 Agreement • 4 12. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 13. Entire Agreement; Amendments. (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 14. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 15. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 16. Warranty. Any plants installed and maintained by Contractor are under warranty for a one-year period against defects and will be replaced at no additional charge. This warranty is void if plants die or are in permanent decline due to causes outside of Contractor's control such as, but not limited to: acts of God, or vandalism or other damage caused by wrongful acts of third parties. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim City ATTEST: & Kroeger Lan.(Vcape Maintenance, Inc. By: Raul Garcia. esident Agreement • 5 Esther C. Bebwe City Clerk APPROVED AS TO FORM: .�,- a - - -:.- Robert F. Epstein City Attorney File No.: 03.01.180.06 Printed Officer Name: Title: and Printed Officer Name: Title: Agreement • 6 RAP, A y 2 y0 ic"WITH PRequest for Proposals (RFP) For Parkette Routine Landscape Maintenance April 11, 2017 The City of San Rafael (City) hereby requests proposals for routine landscape maintenance. It is the intent of the City to hire a fully -licensed landscaping contractor that is duly registered and licensed with a C27 license in the State of California. Services shall include routine landscape maintenance at seven of the City's parkettes, all located within the City of San Rafael. Work will include: mowing, edging, pruning, removing litter and leaves, tree maintenance, weeding, irrigation inspection, and other assignments as required. Proposals shall be submitted by businesses that have a capable and demonstrable performance in the type of work described in the section entitled "Scope of Work" of this notice. In addition, all interested businesses shall have sufficient, readily available resources, in the form of trained personnel, support services and financial resources to carry out the work without delay or shortcomings. The term of the contract will be one year. At the City's discretion, the contract may be extended for up to two, one-year terms. Interested businesses are invited to submit proposals in accordance with the requirements of this Request for Proposals (RFP). The proposals shall be sealed and submitted to the City of San Rafael Public Works Department, 111 Morphew Street, San Rafael, California 94901 Attn: Talia Smith on or before Tuesday, April 25, 2017 at 10:00 a.m. Each proposer shall submit one hard copy of the proposal in accordance with the section entitled "Proposal Requirements" of this notice. Scope of Work: The City is seeking services to perform monthly routine landscape maintenance at the following nine parkettes (map provided in Attachment C): 1. Hillview Parkette — located on the southwest corner of the intersection of Manuel T. Freitas Parkway and Las Pavadas Avenue 2. Bav Trails Parkette — located along the bay between Shoreline Parkway and Morphew Street 3. Bernard Hoffman Parkette — located on Las Colindas Road west of Las Gallinas Avenue 4. Arbor Parkette — located on the southwest corner of the intersection of Manuel T. Freitas Parkway and Las Gallinas Avenue 5. Spinnaker Parkette — located between Spinnaker Point Drive and Bellam Boulevard, west of Catalina Boulevard and along the edge of the Baypoint neighborhood between the end of Baypoint Village Drive and Salem Cove. Attachment A Gary O. Phillips, Mayor • Maribeth Bushey, Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember 6. Munson Parkette — located along the northern side of Manuel T. Freitas Parkway east of Las Pavadas Avenue 7. Schoen Parkette — located on Spinnaker Point Drive east of the Albert J. Boro Community Center The Contractor will be required to perform and complete the routine landscape maintenance by providing all labor, tools, transportation, equipment, materials, and supplies necessary to complete all work in a professional, thorough and timely manner, in accordance with the standards and specifications as contained in this RFP. The Contractor shall be required to provide monthly reports for all maintenance performed as described in the section entitled "Landscape Maintenance Duties and Responsibilities" below. Experience and Requirements: The Contractor shall have experience conducting routine landscape maintenance with other public agencies over the past five (5) years and shall be duly registered and licensed with a C27 license in the State of California. The Contractor must employ the equivalent of ten (10) full-time employees involved in landscape maintenance for the Contractor. All Contractor employees, while working on a City service call, shall wear the Contractor's uniform and identification. The Contractor shall have the following personal on staff: Supervisor — Shall have minimum of ten (10) continuous years as supervisor of complete landscape maintenance service, five (5) years performing duties of a foreman, and three (3) years performing the duties of a maintenance worker. The Contractor must list equipment owned and those that are available for use during the duration of the contract. All equipment, vehicles, and tools must be kept in a clean and safe condition as directed by OSHA at all times during the contract. All vehicles that are used by the Contractor shall have the Contractor's company name, logo, and vehicle number on it. Minimum requirements are ownership or, the ability to respond with, the following equipment: Equipment Quantity Pick -Up Truck 1 Chipper 1 5 -Yard Dump Truck 1 Weed Eaters 4 Lawn Mowers 2 Landscape Maintenance Duties and Resoonsibilities: Monthly Landscape Maintenance The Contractor shall perform the following services each month at the parkettes specified: CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips, Mayor • Maribeth Bushey. Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough. Councilmember Hillview Parkette Mowing and edging (April — October: once a week; November — March: as needed), tree maintenance to 15 feet, shrub pruning, weed abatement, debris removal, monitoring, maintenance, and repair of the irrigation system, monitoring of plant health. Bav Trails Parkette Weed abatement, debris removal, seasonal high weed mowing, shrub pruning, pathway maintenance, litter cleanup once a week. Bernard Hoffman Parkette Mowing and edging (April — October: once a week; November — March: as needed), shrub pruning, weed abatement, debris removal, monitoring, maintenance, and repair of the irrigation system, seasonal high weed mowing. Arbor Parkette Mowing and edging (April — October: needed), tree maintenance to 15 feet, removal, monitoring, maintenance, and system, monitoring of plant health. Spinnaker Parkette once a week; November — March: as shrub pruning, weed abatement, debris repair and maintenance of the irrigation • Mowing and edging (April — October: once a week; November — March: as needed), tree maintenance to 15 feet, shrub pruning, weed abatement, debris removal, monitoring, maintenance, and repair of the irrigation system, monitoring of plant health, pathway maintenance, litter cleanup once a week. Munson Parkette • Mowing and edging (April — October: once a week; November — March: as needed), tree maintenance to 15 feet, shrub pruning, weed abatement, debris removal, monitoring, maintenance, and repair of the irrigation system, monitoring of plant health. Schoen Parkette • Debris removal, seasonal mowing, weed abatement, shrub pruning. Special Conditions: Certified Payroll Copies of the Contractor's certified payroll shall be submitted to the City within fourteen (14) days of the work performed. Preservation of Property The Contractor shall exercise extreme care to avoid damage to existing street pavement areas, curb, gutter, sidewalk, trees, shrubbery, plants, pole lines, fences, markers, buildings, signs, structures, conduit pipe lines under or above ground, and any and all public or private improvements or facilities in or around the areas used by the Contractor in the execution of work. If directed by the Parks Superintendent, the Contractor shall install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, or otherwise moved or disturbed during the work, the objects shall be replaced or restored at the Contractor's CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips, Mayor • Maribeth Bushey. Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough. Councilmember expense. Replacement or restoration shall be to a condition as good as when the Contractor entered upon the work. Full compensation for conforming to the requirements of the section shall be considered to be included in the prices paid for the various items of work and no additional compensation will be allowed therefore. Non -City Maintained Landscaping The Contractor shall perform work only on the City maintained parkettes. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the Parks Superintendent. Meetings The Contractor's Project Manager shall be available to meet, when deemed necessary, with the Public Works Director or his designee at a mutually agreed upon time and place to review maintenance, operations, and all other activities. Insurance Requirements The City requires Contractors obtain insurance, as described in the attached draft Contract Agreement for Routine Landscaping Maintenance (Attachment B). The required insurance certificates must comply with all requirements described in Attachment B and must be provided with the Contract Agreement. Prevailing Wage and Registration with DIR Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. No contractor or subcontractor shall be qualified to bid on, or be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015), and no contractor or subcontractor may engage in the performance of a public works contract, unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips, Mayor • Maribeth Bushey. Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough. Councilmember Proposal Reauirements: The proposal shall consist of one (1) hard copy containing 8'/2" x 11" sheet sizes and be 30 pages maximum. Proposals submitted by facsimile or email are not acceptable and will not be considered. At a minimum, the proposal shall include: ■ Cover letter signed by an individual or individuals authorized to execute legal documents on behalf of the Contractor. ■ Bid Proposal — Prices of Items, Attachment A. ■ Bidder's bond, cash, or certified check for ten percent (10%) of the amount of bid. ■ Summary and definitive information regarding licenses, certifications, company experience, and qualifications. ■ List of key personnel (name, position, experience at position, employer, and dates of employment) available to respond under this contract. ■ List of equipment (description, quantity, make, model, year, and condition) available for use under this contract. Proposals are to be submitted in sealed packages and clearly marked with the name of the Contractor, the Contractors address, and "Routine Landscape Maintenance: Point San Pedro Road Medians". Proposals received after the time and date specified will be rejected and returned unopened to the proposer. Failure to adhere to these specifications may be cause for rejection. Proposal Submittal: Proposals shall be sealed and submitted to the City of San Rafael Public Works Department, 111 Morphew Street, San Rafael, California 94901 Attn: Talia Smith on or before Tuesday, April 25, 2017 at 10:00 a.m. Bid Award Process: The City will award a contract to the lowest responsive and responsible bidder, provided that the Bidder is determined to be qualified based on the requirements listed herein. To determine the lowest bid, the City will review the Grand Total for each Bidder as indicated on the Bidder's Bid Proposal (Attachment A). In order to be determined responsive, a Bidder must respond to all requested information and supply all required information in this RFP. Any bid may be rejected if it is conditional, incomplete, or contain irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of an irregularity shall in no way modify this RFP nor affect recommendation for award of contract. RFP Addenda: All requests for clarification for this RFP must be made in writing. The City will only respond to written questions from Contractors. The City will not respond to verbal questions submitted by telephone or in person. CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips. Mayor • Maribeth Bushey. Vice Mayor • Kate Colin, Councilmember • John Gamblin. Councilmember • Andrew Cuyugan McCullough, Councilmember All questions relating to the RFP shall be presented at least 96 hours prior to the due date via Email: Talia.Smith@cityofsanrafael.org All addenda will be posted to the City's website and emailed to known RFP holders. By submitting a proposal, the proposer affirms that they are aware of any addenda and have prepared their proposal accordingly. No allowances will be made for a proposer's failure to inform themselves of addenda content. Attachments: Attachment A — Bid Proposal — Prices of Items Attachment B — Draft Contractor Agreement Attachment C — Parkette Location Maps CITY OF SAN RAFAEL 1 1400 F I FTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips, Mayor - Maribeth Bushey. Vice Mayor • Kate Colin, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember Attachment A Bid Proposal — Prices of Items Unless otherwise specifically noted in the bid list below, costs for all equipment, tools, vehicles, materials, maintenance, labor and appurtenances shall be included in the unit cost per Bid item and no additional compensation will be allowed. The contract will be awarded to the lowest responsible and responsive Bidder based upon the Grand Total Bid and meeting the minimum qualifications as specified in the provisions of the RFP. Total Cost PRICE OF ITEMS Item Description Quantity Unit Unit Cost 1. Hillview Parkette a. Monthly Maintenance (April — October) 7 @ EA - b. Monthly Maintenance (November - March) 5 @ EA 2. Bay Trails Parkette a. Monthly Maintenance (April October) 7 @ EA b. Monthly Maintenance (November - March) 5 @ EA 3. Bernard Hoffman Parkette a. Monthly Maintenance (April — October) 7 @ EA b. Monthly Maintenance (November - March) 5 @ EA 4. Arbor Parkette a. Monthly Maintenance (April — October) 7 @ EA — b. Monthly Maintenance (November - March) 5 @ EA — 5. Spinnaker Parkette a. Monthly Maintenance (April — October) 7 @ EA b. Monthly Maintenance (November - March) 5 @ EA — Total Cost Item Description 6. Munson Parkette a. Monthly Maintenance (April —October) b. Monthly Maintenance (November - March) 7. Schoen Parkette a. Monthly Maintenance (April —October) b. Monthly Maintenance (November - March) Quantity Unit Unit Cost 7 @ EA 5 @ EA 7 @ EA 5 @ EA Grand Total Bid S (Grand Total Written in Words) Total Cost City of San Rafael * California Form of Contract Agreement for Informal Bids Parkette Rountine Landscape Maintenance This Agreement is made and entered into this day of , 2017 by and between the City of San Rafael (hereinafter called City) and [Contractor) (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "Parkette Rountine Landscape Maintenance," all in accordance with the scope of work outlined in the Request for Proposals dated April 25, 2017 attached hereto as Attachment A. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Time of Completion. (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work, shall be completed by April 30, 2018. (c) This contract can be extended twice for a period not to exceed one (1) year each time, unless mutally agreed upon by both parties. 4. The Contract Sum. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed, at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. BID ITEMS ITEM DESCRIPTION ESTIMATED UNIT L NIT TOTAL PRICE QUANTITY PRICE (Sample Form of Schedule) 5. Progress Payments. (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 950 o of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 1000 o of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. 6. Acceptance and Final Payment. (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work Agreement • 1 required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Contractor and City against all liability for injuries to Contractor's officers and employees. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. Agreement • 2 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 8. Indemnification. (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 10. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless Agreement • 3 City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 11. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 12. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: [Contact Name] [Contractor] [Address] 13. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 14. Entire Agreement; Amendments. (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 15. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other pam of any tern, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 16. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required Agreement • 4 to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 17. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. Agreement • 5 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jin: Schutz City Manager ATTEST: lContractorl By: Esther C. Beirne Printed Officer Name: City Clerk Title: and APPROVED AS TO FORM: By: Robert F. Epstein Printed Officer Name: City Attorney Title: File No.: 01.01.02.01 Agreement • 6 L102/50 aledluud 1 " Q c U n zO Z� a� O LB U c CL >. 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E ma C c « m N � a) ~ w C (n - 7 (� 01 E cn c E 0 o cmU c J0 in = � co �c � LLT U au Lu N -a = w (c0 wN w `Q N 7 U C a7 0 d c U DOZISIV •2190 Mid p— q-spiq-Bwdeospuel aaayied{spiq-Buidouspuej allay+edluoisini054Jed\s4ioMoilgndl X Ned luawnoop d) 4-0Y L m a L Y m m CL cu N N W (1) 2 �5 Q C Un zQ Z 'l a m 6-0 a_> a, a E m v a � c d m M CU E � ax n , Li 'c _aE E �U �1 In _D a Ln C7 t 1) 73 J C- u a o 7 U LLOZIStV -1-01--d paw q spiq Bwdeospuej apayiedlspiq—Bwdoospuaj 2uayied�uuis!n!psgied{syioMogqndl X glad luawnoop CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Talia Smith Extension: 3354 Contractor Name: Forster and Kroeger Landscape Maintenance, Inc. Contractor's Contact: Raul Garcia Contact's Email: raul@forster-kroeger.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) & attachments to City 5/30/2017 ❑ TS Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 6/5/2017 ® LAG and return to Project Manager 6/5/2017 ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward at least two originals of final agreement to ❑ contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 6/13/17 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS and , and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official ll 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 2