HomeMy WebLinkAboutPW Pt. San Pedro Rd. Median Landscape Maintenance; Amendment 2018City of San Rafael. California
Amendment to Agreement for
Routine Landscape Maintenance: Point San Pedro Road Medians
This Amendment to Agreement for Routine Landscape Maintenance: Point San Pedro Road
Medians is made and entered into this ~day of JlA\~ , 2018, by and between the CITY OF SAN
RAFAEL ("City") and Gardeners' Guild, Inc. (hereinafter called "Contractor").
RECITALS
WHEREAS, the parties entered into an Agreement for Routine Landscape Maintenance: Point
San Pedro Road Medians, dated May 1, 2017 ("Agreement", Attachment A), under which Contractor
assumed the obligation to furnish all materials, equipment, and labor necessary to perform the routine
weekly and monthly landscape maintenance work for the Point San Pedro Road Medians; and
WHEREAS, frequent coordination between the City and Contractor and area residents on the
maintenance needs and conditions of the medians has resulted in a mutual agreement that an increase is
needed in the current level of maintenance and service to the medians, above the standard which was
outlined in the initial Request for Proposals (dated April 3, 2017 and attached hereto as Attachment B);
and
WHEREAS, the parties with to extend the term of the Agreement and to increase the service
level and compensation for services to the Point San Pedro medians as described in the conditions for
the Amendment to the Agreement outlined in Gardener's Guild document "Contract Change Order"
(Attachment C), which includes a change from once a week maintenance to twice a week maintenance
on the medians March through October, and a commitment to perform routine maintenance on all 29
medians on a monthly basis; and
WHEREAS, the parties have agreed to increase the monthly Routine Maintenance Cost
payable to Contractor under the Agreement by $1,500.00 to a total of $4,996.25 per month, for an
annual total contract cost of $59,955.00 for the increased level of service provided for in this
Amendment;
AMENDMENT TO AGREEMENT
NOW THEREFORE, the parties agree as follows:
1. Section 1 (Scope of the Work) of the Agreement is amended to read:
2.
L\-\-1-2~
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 "Routine Landscape Maintenance:
Point San Pedro Road Medians," all in accordance with the scope of work and
requirements outlined in the Request for Proposals dated April 3, 2017 attached
hereto as Attachment B as amended in the Gardener's Guild document
"Contract Change Order" attached hereto as Attachment C, and both
incorporated herein by reference.
Part (a) of Section 3 (Term of Agreement) of the Agreement is amended to read:
ORIG NAL
Item
I.
2.
3.
4.
5.
6 .
7.
8.
9.
10.
II.
12.
(a) The tenn of this Agreement shall be one year, commencing on July 1, 2018
and terminating on June 30, 2019, unless sooner tenninated as provided in
subsection (b) of this Section.
3. Section 4 (The Contract Sum) of the Agreement is amended to revised to read in its
entirety as follows:
The City shall pay to the Contractor for the perfonnance of the Contract the
amounts detennined for the total number of each of the units of work in the
following schedule completed, at the unit price stated.
Description Quantity Unit Unit Cost Total Cost
Routine Maintenance Cost (January) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (February) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (March) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (April) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (May) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (June) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (July) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (August) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (September) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (October) @ LS $4,996.25 $4.996.25
Routine Maintenance Cost (November) @ LS $4.996.25 $4.996.25
Routine Maintenance Cost (December) @ LS $4.996.25 $4.996.25
GRAND TOTAL SUM: $59,955.00
4. All other tenns and conditions of the Agreement shall remain unchanged and in full
force and effect for the tenn of this Agreement as amended.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day, month
and year first hereinabove written.
2
ArrEST:
'ef'9(~
Lindsay Lara, City Clerk
APPROVED AS TO PORM:
File No.: 03.01.180.06
\)""\\~~
Title: V P ( c.,.:po
and, ).---..,A."' ____ p""""'---__ --
Printed Officer Name: {('a',n OIfU,.1/S
Title: ?rUl;J~~rl-fI-C1O'o
rQSI:7'Y"--"
Attachments to Amendment to Agreement for Routine Landscape Maintenance: Point San Pedro
Rond Medians
Attachment A:
Attachment B:
Attachment C:
Original Form of Agreement for Infonnal Bids for Routine Landscape
Mnintenance: Point Snn Pedro Road Medians dated Mny I, 2017
RequesL for Proposals dated April 3, 2017
Gardener's Guild document "Contract Change Order"
3
Attachment A
City of San Rafael. California
Fonn of Agreement for lnfonnal Bids
Routine Landscape Maintenance: Point San Pedro Road Medians
This Agreement is made and entered into as of the 1st day of May. 2017 by and between the City of San Rafael (hereinafter
called City) and Gardeners' Guild, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
I. 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 "Routine Landscape Maintenance: Point San Pedro
Road Medians," all in accordance with the scope of work and requirements outlined in the Request for Proposals dated
April 3, 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) day time 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 (I) 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 ("CPl") 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 term.
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
I. Routine Maintenance Cost (January) @ LS $3,496.25 $3,496.25
2 . Routine Maintenance Cost (February) @ LS $3,496.25 $3,496.25
3. Routine Maintenance Cost (March) @ LS $3,496.25 $3,496.25
4. Routine Maintenance Cost (April) @ LS $3,496.25 $3,496.25
5 . Routine Maintenance Cost (May) @ LS $3,496.25 $3,496.25
6. Routine Maintenance Cost (June) @ LS $3,496.25 $3,496.25
7. Routine Maintenance Cost (July) @ LS $3,496.25 $3,496.25
L.\ -3> -li45 c..
Agreement· 1
Item Description Quantity Unit Unit Cost Total Cost
8. Routine Maintenance Cost (August) @ LS $3,496.25 $3,496.25
9 . Routine Maintenance Cost (September) @ LS $3,496.25 $3,496.25
10. Routine Maintenance Cost (October) @ LS $3,496.25 $3,496.25
II. Routine Maintenance Cost (November) @ LS $3,496.25 $3,496.25
12. Routine Maintenance Cost (December) @ LS $3,496.25 $3,496.25
GRAND TOTAL SUM: 541,955.00
5. Payments.
Payment will be made monthly upon receipt by the City of itemized invoices submitted by Contractor, showing work performed
during the invoice period.
6. Insurance.
(a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following
insurance policies:
I. A commercial general liability insurance policy in the minimum amount of one million dollars ($I,OOO,OOO)
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 ,OOO,OOO) 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) ofthis section
above shall also meet the following requirements:
I. 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 0 I 04 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.
Agreement· 2
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective da·te 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: (I) 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 sm'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 ofInsurance. Contractor shall provide to the City all of the following: (I) 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 .
7. Indenmification.
(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 shaH provide a defense to the City lndemnitees 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 fuH 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.
Agreement • 3
9. Compliance with AU Laws.
COnlractor 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 Slates 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: Kevin Davis
Gardeners' Guild, Inc.
2780 Goodrick A venue
Richmond, CA 9480 I
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 maller of this Agreement.
(b) This wrillen 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 wrillen 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 conHicts arise between the terms and conditions of this Agreement. and the terms and conditions of the auached
eKhibits 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 • 4
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 shaIl obtain and maintain during the duration of this Agreement., a City business license as required by the San Rafael
Municipal Code Contractor shaIl 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 wiIl 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 s,"""~ =fw-J3
City Managl!r
ATTEST :
Esther C. Beime
City Clerk
APPROVED AS TO FORM:
kCl ~_OJA.~. ~e-
Robert F. Epsteilr~
City Attorney
File No.: 03.01.180.06
Gardl!ners' Guild, Inc.
By:
Pri ed Ofticer Name: f /7 ~ Title :jJr~~ jl--{/Vv
and
Printed Officer Name:
Title : V(J I dfb
Agreement • 5
....
~ ...
Attachment B
C"1-,
I-Wm~ ,.. ~ Request for Proposals (RFP)
For
Routine Landscape Maintenance: Point San Pedro Road Medians
April 3, 2017
AttaORFl'IeAt A
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 on all medians located on Point San Pedro Road and Third Street between Union
Street and Biscayne Drive. Work will include: pruning, removing litter and leaves, removing
broken branches and sucker growth from trees, weeding, replacing bark mulch, 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: Stephanie Gindlesperger on or before Tuesday, April 18, 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 weekly and monthly routine landscape maintenance on
all medians on Point San Pedro Road and Third Street between Union Street and Biscayne
Drive including, but not limited to, the following:
1. Prune any shrubs or groundcover that is overhanging curbs .
2. Remove litter and leaves from planted and cobblestone areas.
3. Remove any broken or fallen tree branches. Remove sucker growth from trees.
4. Remove any weeds larger than two inches from planted or hardscape areas.
5. Replace bark mulch that has been knocked or washed out of planters. Smooth out
mulch that has been disturbed.
6. Check plants for signs of distress or disease. Request authorization to replace any
missing or dead plants.
7. Visually inspect irrigation systems. Many emergency repairs if needed.
8. Adjust irrigation controllers for current season water needs of plants .
9. Other assignments as required.
CITY OF SAN RAFAEL I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I CITYOFSANRAFAEL.ORG
Gary a Phillips, Mayor· Maribelh Bushey , VIce Mayor' Kale Colin, Councilmember • John Gamblin . Councllmember· Andrew Cuyugan McCullough , Councllmember
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 .
. 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 Quanti
Pick-Up Truck 1
Chipper 1
5-Yard Dump Truck 1
Weed Eaters 4
Landscape Maintenance Duties and Responsibilities:
Weekly Landscape Maintenance
The Contractor shall perform the following services on a weekly basis for the duration of the
contract:
• Prune any shrubs or groundcover that is overhanging curbs.
• Remove litter and leaves from planted and cobblestone areas.
• Remove any broken or fallen tree branches. Remove sucker growth from trees .
• Remove any weeds larger than two inches from planted or hardscape areas.
• Replace bark mulch that has been knocked or washed out of planters. Smooth out
mulch that has been disturbed .
• Check plants for signs of distress or disease. Request authorization to replace any
missing or dead plants.
• Visually inspect irrigation systems. Many emergency repairs if needed.
CITY OF SAN RAFAEL I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I CITYOFSANRAFAEL.ORG
Gary O . Phillips , Mayor· Maribeth Bushey. Vice Mayor· Kale Colin, Councilmember· John Gamblin, Councilmember • Andrew Cuyugan McCullough Councllmember
• Adjust irrigation controllers for current season water needs of plants.
• Other assignments as required.
Monthly Landscape Maintenance
The Contractor shall perform the following services during the months indicated below for the
duration of the contract:
January
• Prune any tree branches that interfere with traffic or that have broken, crossing ,
or unsightly branches. Prune trees to retain a strong central leader where
applicable.
• Check tree stakes and ties. Remove tree stakes where no longer required.
February
• Apply granular slow release fertilizer in late February. Be sure to apply prior to
moderate rainfall to wash fertilizer into the soil.
• Add new mulch to planters where the mulch depth has been reduced to less than
three inches. Any new mulch added is not Included in the monthly
maintenance cost and shall be charged as an extra to the City on a cubic
yard basis.
March
• Flush out the irrigation systems as needed and check for proper operation of
each valve zone.
April
• No additional items.
May
• No additional items.
June
• Prune spring and winter flowering shrubs as needed to maintain proper shape
and growth habit.
• Prune any tree branches that interfere with traffic.
July
• No additional items.
August
• Add new mulch to planters where mulch depth has been reduced to less than
three inches. Any new mulch added is not included in the monthly
maintenance cost and shall be charged as an extra to the City on a cubic
yard basis.
September
• Inventory all plant materials .
October
• Apply fertilizer to all landscape areas.
• Replace any dead or missing plants per plant inventory.
• Prepare irrigation systems for winter. Reduce or eliminate irrigation cycles in
controller.
CITY OF SAN RAFAEl I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 i CITYOFSANRAFAEL.ORG
Gary 0 Phillips . Mayor' Maribeth Bushey Vice Mayor' Kate Colin . Councilmember' John Gamblin Counclimember' Andrew Cuyugan McCullough Council member
• Prune summer and fall blooming shrubs for proper shape and growth habit.
November
• No additional items.
December
• No additional items.
Water Usage Reports
The Contractor shall report water usage to the Park Superintendent on a monthly basis using
the form provided in Appendix C .
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.
Traffic Control
Traffic control shall be included in the bid items. All traffic control shall conform to the
requirements of the State of California "Manual of Uniform Traffic Control Devices" for
construction and maintenance work zones .
The Contractor will be permitted to reduce traffic to one through lane in either direction on Point
San Pedro Road between the hours of 9:00 am and 3 :00 pm. No lanes shall be closed outside
of these hours without prior written approval from the City. The Contractor shall notify the City at
least three Working Days prior to any land closures.
Traffic Control may include changeable message signs, lights, flares, signs, temporary railings,
flag person(s), or other devices as required by the Parks Superintendent. No additional
compensation will be allowed therefore.
The Contractor shall submit to the City a traffic control plan for any lane closures. The
Contractor shall provide at least three Working Days for review and approval of the traffic
control plan.
The Contractor shall be responsible for all warning signs. An adequate number of flag persons
shall be employed to direct traffic around work zones, as needed, for public safety and as
directed by the City. If in the opinion of the City, additional flag persons or traffic control devices
are needed at the site, the Contractor shall provide the necessary measures at no additional
cost to the City.
The provisions in this section will not relieve the Contractor from his responsibility to provide
such additional devices or take such measures as may be necessary to comply with the
provisions in Section 7-1.04, "Public Safety," ofthe State Standard Specifications .
The Contractor shall be solely responsible for vehicular movement through the maintenance
work areas when the Contractor is on site performing routine maintenance as described in these
Special ProVisions.
, CITY OF SAN RAFAEL I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I CITYOFSANRAFAEL.ORG
Gary O. Phillips, Mayor' Maribelh Bushey Vice Mayor' Kale Colin, Councllmember • John Gamblin, Councllmember • Andrew Cuyugan McCullough. Councllmember
The Contractor shall give special attention to provide continuous and uninterrupted traffic to and
from the businesses, schools, residential neighborhoods adjacent to the work areas.
Upon favorable completion of the work, the Contractor shall remove all signs and traffic control
devices from within the project limits to the satisfaction of the Engineer. At the end of the job, all
signs, lights, barriers, etc. shall be removed from the job site. All sites shall be left clean and
orderly.
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
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 medians. 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 OIR
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.
CITY OF SAN RAFAEL I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I CITYOFSANRAFAEL.ORG
Gary O. Phillips , Mayor· Maribeth Bushey Vice Mayor· Kate Colin . Councilmembar· John Gamblin , Councllmember· Andrew Cuyugan McCullough Councllmember
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.
Proposal Requirements:
The proposal shall consist of one (1) hard copy containing 8%" 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: Stephanie Gindlesperger on or
before Tuesday, April 18, 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
CITY OF SAN RAFAEL 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 i CITYO"SANRAFAEl.ORG
Gary O. Phillips, Mayor' Maribelh Bushey, Vice Mayor· Kale Colin , Councilmember' John Gamblin, Councilmember • Andrew Cuyugan McCullough . Cauncilmember
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.
All questions relating to the RFP shall be presented in writing at least 96 hours prior to the due
date via Email address: Stephanie.Gindlesperger@cityofsanrafael.org
All addenda will be posted to the City's website and emailedtoknownRFPholders.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 -Tree Installation Details
Attachment D -Shrub Installation Detail
Attachment E -Water Usage Report
CITY OF SAN RAFAEL! 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I ClTYOFSANRAFAEL.ORG
Gary D. Phillips, Mayor· Maribeth Bushey Vice Mayor· Kate Colin, Councilmember· John Gamblin, Councilmember • Andrew Cuyugan McCullough Council member
Item
I.
2.
3.
4 .
5.
6 .
7.
8.
9 .
10 .
II.
12.
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.
PRICE OF ITEMS
Description Quantity Unit Unit Cost Total C ost
Routine Maintenance Cost (January) @ LS
Routine Maintenance Cost (February) @ LS
Routine Maintenance Cost (March) @ LS
Routine Maintenance Cost (April) @ LS
Routine Maintenance Cost (May) @ LS
Routine Maintenance Cost (June) @ LS
Routine Maintenance Cost (July) @ LS
Routine Maintenance Cost (August) @ LS
Routine Maintenance Cost (September) @ LS
Routine Maintenance Cost (October) @ LS
Routine Maintenance Cost (November) @ LS
Routine Maintenance Cost (December) @ LS
All Routine Maintenance Costs include weekly and monthly landscape maintenance duties and responsibilities.
Grand Total Bid $ ______ _
(Grand Total Written in Words)
Attachment B
City of San Rafael. California
Fonn of Contract Agreement for Infonnal Bids
Routine Landscape Maintenance: Point San Pedro Road Medians
This Agreement is made and entered into this __ day of . 2017 by and between the City of San Rafael
(hereinafter called City) and [ContTSctor[ (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for
the considerations hereinafter named, agree as follows:
I. 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 "Routine Landscape Maintenance: Point San Pedro Road Medians," all in accordance with the scope of
work outlined in the Request for Proposals dated April II, 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 tw ice for a period not to exceed one (I) 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 tornpleted, 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.
ITEM DESCRIPTIO N
I. (Sample Form of Schedule)
5. Progress Payments.
BID ITEMS
ESTIMATED
Q lA:'tITITY UNIT
(/
UNIT
PRICE
-----
TOTAL PRICE
(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 un der 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 pri ces 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 95 % of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 100% 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 in4ebtedness 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: (I) 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:
I. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property
damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of
one million dollars ($\ ,000,000) dollars per occurrence.
3. I f 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:
I. 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 canier shall not cancel,
terminate or otherwise modifY the terms and conditions of said insurance policies except upon ten (10) days
written notice to City.
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
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: (I) 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 (SrR)
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: (I) 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 ITom 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, liabi[ity 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 lndemnitees . However, to the extent that liability is caused by the active negligence or
willfu[ misconduct of the City [ndemnitees, 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
perfonnance 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 applicab[e federal, state and loca[ 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, agenlS 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 exhibilS 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 documenlS 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 0 f any preceding breach or violation by the other party of any term, condition, covenant 0 f 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 perfonned under this Agreement, until Contractor has provided City with a completed Internal Revenue
Service Fonn 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 ofsuch 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 detennined 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:
Jim&hutz
City Manager
ATTEST:
Esther C. Beirne
City Clerk
APPROYED AS TO FORM:
Raber' F. Epstein
City Attorney
File No.: 03.01.180
IContr.lciorl
By:
Printed Officer Name:
Title:
and
By:
Printed Officer Name:
Title:
Agreement· 6
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SPECIFIED MULCH
APPENDIX A -DETAIL 1
TREE PLANTING
NOT TO SCALE
2X DIAM, OF
ROOTBALL
APPROVED BLACK RUBBER TREE
TIE, 6" MIN. BELOW PRIMARY
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3. REMOVE ALL NURSERY STAKES
/ ROOT BALL
BACKFILL MIX, SEE
~,.--SPECIFICATIONS
TAMPED NATIVE SOIL,
NO AMENDMENTS
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APPENDIX B -DETAIL 1
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City of San Rafael, Parks Division
Water Meter Readings
Location. ________ _
Meter# __________________ __
Attachment E
MMWD Read Date ___________ _
Service # _____________________ _
Meter Reading
Date Start End Consumption
•
Attachment C
GARDENERS' GUILD
NATURJ;'S TRUSTED PARTNER SINCE '972 wo K R E
27HO Goodrick Awnue • Richmond, CA \/4HOI • lIcense 35(;Y67
(-1 15) 457-U400 • (5 10) ·B9-37UO • Fax (510) 439-3344
www·b>;lrdenersgllild.colll
59975
~CONTRAa CHANGE ORDER
Jim Schutz
TO PHONE (415) 485·3355 I DATE
June 13, 2018
City of San Rafael SITE NAME! LOCATION
Department of Public Works
111 Morphew Street
Point San Pedro Road Medians
San Rafael CA 94901
SITE NUMBER 2031
Contract Amendment
Provide an additional two person crew/weekly during an 8 month period between
the months of March-October ..
Each median to maintained monthly.
Large litter to be removed from all 29 medians once a week.
Weekly reports to be provided including-summary of work performed, summary of
work anticipated for coming week.
Additional amount-$1,500/month
NOTE Prices SUDlICIIO change" nOI accepled W,lh" 30 dDYS . Ccnuaclor nOl responSIble lor u"lorseen c"cumSlanCS5
outSIde 01 Conl/aCIOrS co"rral Change Ordars become pan 01 and on coniormanea ",lIh Ihe ellsllng conllaCl
We Agree to the scope of work specified above at this price
Dale or ag'eem.nl ___ T ... S"-________________ _ PREVIOUS CONTRACT AMOUNT
:)1 tlUU.UUlMonth
$3,496.25IMonth
Aulhotl.ea .-----7 ,----.:/ t--------------f--------
S'gnature _~::::::?.-.?-L---====/~~;::;;;;.... ........ ==:::: ...... :::-------.-_ $4,996.25/Month '" -./ REVISED CONTRACT TOTAL
Pavm1ntwlnW_klf.li>liMnvoiced comensurate with work performed. All invoices due upon
receipt. Prepayment on large material orders may be required.
PLEASE SIGN AND RETURN YELLOW COPY.
PLEASE NOTE: THIS IS A PROPOSAL-NOT AN INVOICE FOR PAYMENT .
Accepted -The above prices and specifications 01 this Work Order
are salistaclory and are hereby accepled. All work to be performed under same
terms and condilions as specified in original contract unless otherwise
stipulated.
AUlnOl.lad S 9nOl u" __________ , ___________ _
Date ar a:c.ptanoe
Laraine Gittens
From:
Sent:
To:
Subject:
Talia Smith
Friday, June 29, 2018 2:09 PM
Laraine Gittens
FW: Contract Change Order
FYI - I have sent the contract in interoffice mail but Gardener's Guild is confirming that they approve the change from "April" to
"October" in the Whereas
From: Travis Bradley [mailto:tbradley@gardenersguild.com]
Sent: Friday, June 29, 20182:06 PM
To: Talia Smith <Talia.Smith@cityofsanrafael.org>; Mark Wright <Mark.Wright@cityofsanrafael.org>
Cc: Andrew Guliaeff <Aguliaeff@gardenersguild.com>; Paul Swanson <Pswanson@gardenersguild.com>; Mike Davidson
<mdavidson@gardenersguild.com>
Subject: RE: Contract Change Order
Hi Talia -Confirming that Gardeners Guild has seen these changes ! Happy to discuss mulching with you, Mark, and Aaron!
From: Talia Smith [mailto:Talia.5mith@cityofsanrafael.org]
Sent: Friday, June 29, 2018 9:42 AM
To: Travis Bradley <tbradley@gardenersguild.com>; Mark Wright <Mark.Wright@cityofsanrafael.org>
Cc: Andrew Guliaeff <Aguliaeff@gardenersguild.com>; Paul Swanson <Pswanson@gardenersguild.com>; Mike Davidson
<mdavidson@gardenersguild.com>
Subject: RE: Contract Change Order
Good morning Travis,
Thank you for getting that back to us -we will finish up the signing process and get a final signed copy back to you shortly. We
are looking forward to beginning the 2x weekly maintenance next week!
One thing that I realize I made a serious typo error on -in the third "Whereas" I wrote "March through April", though clearly I
meant "March through October" per our Change order proposal. I have made the change in the attqched signed copy (attached)
but our City Attorney's office would like confirmed receipt that Gardener's Guild has seen this change:
WHEREAS, the parties with 10 extend the term of thc Agr'eemenl find to increase the service
level and compensation for services [0 Ihc Point San Pedro medians as described in the conditions for
the Amcmllllt:nt to the Agreement outlined in Gardener's Guild documelll "Contract Change Onkr"
(Attachment C). which includes n change li'om once a week maintenance to twice a week maintenance
on the medians March through~, and a commitment to perform routine mllintemmce on all 29
medians on a monthly basisi and OCf'V 'r)ey-
Let's connect with Mark and Aaron over the mulching clarification. While I agree that this provision in the contract was not
meant to include large swaths/work days of mulching work, I do believe the intent of the original contract was to make a certain
level of mulching work a part of the regular maintenance, so as to avoid a serious need for standalone mulching days. I think we
can just talk it over with Mark and Aaron to determine what is an appropriate level of maintenance mulching for Gardener's
Guild's regular weekly maintenance, and when we need to do as a stand alone item.
I also have a sample weekly report coming your way -I'll send that shortly
1
Thanks,
Talia
lalia Smith I City of San Rafael
Senior Management Analyst
Department of Public Works
Office 415 485 3354
Cell 415 725.9231
From: Travis Bradley [mailto:tbradle y@g ardenersguild.com ]
Sent: Thursday, June 28, 2018 2:01 PM
To: Talia Smith <Talia.Smith@cityofsanrafael.org>; Mark Wright <Mark.Wright@cityofsanrafa el.org>
Cc: Andrew Guliaeff <Aguliaeff@gardenersguild.com>; Paul Swanson <Pswanson @g ardenersguild.com >; Mike Davidson
<mdavidson @gardenersguild.com>
Subject: RE: Contract Change Order
Hi Talia-
I am attaching a signed copy of the Amendment to the agreement for Routine Landscape Maintenance of the San Pedro
Medians. We are good to go for a second crew beginning next week .
I still need to touch base with Paul S. related to mulching language in the contract but let me know if there is anything else you
need from us!
Best,
Travis
From: Talia Smith [mailto:Talia.Smith @cityofsanrafael.org]
Sent: Wednesday, June 27, 2018 10:48 AM
To: Travis Bradley <tbradley@gardenersguild.com>; Mark Wright <Mark.Wright@ci t yofsan rafael.org >
Cc: Andrew Guliaeff <Aguliaeff@gardenersguild.com>; Paul Swanson <Pswanso n@g arde nersguild.com >; Mike Davidson
<mdavidson@gardenersguild.com>
Subject: RE: Contract Change Order
Hi Travis,
Just checking in --we haven't gotten the signed agreement back and we were tentatively going to start the new agreement July
1. Will that still work for you guys?
I also wanted to follow up on a question that came up regarding payment for mulching. Per the original contract and Request for
Proposals, it is expected that the labor time associated with performing mulching is included in the monthly maintenance cost,
however the cost of the new mulch added is not to be included in the monthly maintenance cost, and may be billed as a
separate charge to the City on a per cubic yard basis .
This is stated in Attachment B -Requests for Proposals 2017 (attached):
2
City of San Rafael. California
ilmendmelli to Agreement for
Routine Landscape Maintenance: Point San Pedro Rond Medians
This Amendment to Agreement for Routine Landscape Maintenance: Point San Pedro Road Medians
is made and entered into this 2Sl.. day at Lae ,2018, by and between the ClTY OF SAN RAFAEL ("City")
and Gardeners' Guild, Inc. (hereinafter called "Contractor").
RECITALS
WHEREAS, the parties entered into an Agreement for Routine Landscape Maintenance: Point
San Pedro Road Medians, dated May I, 2017 ("Agreement", Attachment A), under which Contractor
assumed the obligation to furnish all materials, equipment, and labor necessary to perform the routine
weekly and monthly landscape maintenance work for the Point San Pedro Road Medians; and
WHEREAS, frequent coordination between the City and Contractor and area residents on the
maintenance needs and conditions of the medians has resulted in a mutual agreement that an increase is
needed in the current level of maintenance and service to the medians, above the standnrd which was
outlined in the initial Request for Proposals (dated April 3, 2017 and attached hereto as Attachment B);
and
WHEREAS, the parties with to extend the term of the Agreement and to increase the service
level and compensation for services to the Point San Pedro medians as described in the conditions for
the Amendment to the Agreement outlined in Gardener's Guild document "Contract Change Order"
(Attachment C), which includes a change from once a week maintenance to twice a week maintenance
on the medians March through""J and a commitment to perform routine maintenance on nil 29
medians on a monthly basis; and Octv'<ler
WHEREAS, the parties have agreed to increase the monthly Routine Maintenance Cost payable
to Contractor under the Agreement by $1,500.00 to n totnl of $4,996.25 per month, for an annual total
contract cost of $59,955.00 for the increased level of service provided for in this Amendment;
AMENDMENT TO AGREEMENT
NOW THEREFORE, the parties agree ns follows:
1. Section 1 (Scope of the Work) of the Agreement is amended to read:
The Contractor hereby agrees to furnish all ofthe materials, equipment, and labor
necessary to perform the routine weekly and monthly landscape maintenance
work for the project entitled "Routine Landscape Maintenance: Point San
Pedro Road Medians," all in accordance with the scope of work nnd
requirements outlined in the Request for Proposals dated April 3,2017 attached
hereto as Attachment B as amended in the Gardener's Guild document "Cont,.act
Change Orcier" attached herelo as Attachment C, and both incorporated herein
by reference.
2. Part (0) of Section 3 (Term of Agreement) of the Agreement is amended to read:
7/13/2018
Bicycle and Pedestrian Advisory Committee
City of San Rafael
OJ Allison, Chair
Jim Geraghty
Amy Beresford
Joakim Osthus
Kevin Hagerty
Kate Powers
Tim Gilbert
Barry Bergman
Gerald Bel/etto
Shoshana Harlem
Adoption of the 2018 Bicycle and Pedestrian Master Plan
Mayor and Members of the Council:
The Bicycle and Pedestrian Advisory Committee (BPAC) is writing in support of the newest
update to the City's Bicycle and Pedestrian Master Plan. The development of this plan
considered the input from a variety of community organizations, stakeholder groups, and
residents. At the core of this plan is a focus on improving safety for cyclists and pedestrians,
closing and connecting gaps in our existing bicycle and pedestrian network, and making our
network more accommodating to the needs of parents, children, students, seniors, and
everyone else in between. This plan highlights some of the most critical needs to making
walking and bicycling a safer, more efficient, and more comfortable experience while in San
Rafael.
We would like to acknowledge the excellent work put into this plan by our own staff at the
Department of Public Works. Their dedication to creating a quality plan for the City is worthy of
recognition.
We hope that you will adopt this plan, and continue to refine its approach to creating a safe,
connected, and accessible network. Most importantly, we hope to see some of these critical
projects considered in future City planning and budgeting.
OJ Allison, Chair
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: KM
Extension: 3389
Project Name: Point San Pedro Medians -Contract Amendment
Contractor's Contact: Travis Bradley
Contract's Email: tbradley@garden.:r.s~uild.com
RESPONSIBLE
Step DEPARTMENT DESCRIPTION
2
3
4
5
6
7
8
9
a. Email PINS Introduct0'2' Notice to Contractor
b . Email Contract (in Word) & attachments to City Attorney c/o
Prolect Mana~er Laraine.Gittens @ ci~ofsanrafael.o~
a. Review, revise and comment on draft agreement and return to Project
Man~ger
b. Confirm insurance requirements, create Job on PINS, send PINS
Citl' Attornel' insurance notice to contractor.
Forward three (3) originals of final agreement to contractor for their
Project Man~r si~ature.
Project Mana~er
PRINT
When necessary, * contractor-signed agreement agendized for Council
!pl.'roval
* PSA > $20,000 or Purchase > $35,000: or Public Works Contract >
$125,000
CONTINUE ROUTING PROCESS WITH I-lARD COPY
Forward signed original agreement to City Attorney with printed copy of
Pro~ct Manager this routin!l.form
City AttorneL Review and al'.Erov~ard cOPJ of si~ned a~eement
City Attorney
City
Mana~er/Mal'or
City Clerk
Review and approve insurance in PINS, and bonds (for public works
contract~
A~eement executed bX Council authorized official
Attest signatures, retains original agreement and forwards copies to
pro~ct mana~er
10 Project Manager Forward Final Copy to Contractor
COMPLETED DATE
6/13 /2018
6/14 /2018
611 4/2018
6/20/2018
NIA
6/29/2018
1/" /;~
7/ J. / J~
i-Js-,rr-
1113l\ ~
REVIEWER
Initial
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