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PW Goat Grazing Vegetation Management Services 2019Cite of San Rafael California Form of Contract 2019 Goat Grazing Vegetation Management Services This Agreement is made and entered into this 1-2) day of 0 (_-hb tX 2019 by and between the Cite of San Rafael (hereinafter called City) and Living S}stems Land Management LLC. (hereinafter called Contractor). Witnesseth, that the Cite and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work The Contractor hereby agrees to furnish all the materials and all the equipment and labor necessary to perform the work for the project entitled "2019 Goat Grazing Vegetation Management Services" all in accordance Nvith provisions of the Contract and the Request for Proposals dated April 22, 2019 attached hereto as Exhibit 1 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. Time of Completion. (a) The work to be performed under this Contract shall be performed in compliance «ith the Request for Proposals for "Goat Grazing Services" attached as Exhibit I. (b) The term of this contract shall commence on the date of this contract and shall terminate exactly one � ear later. (c) This contract may be tenninated by City upon thirty (30) days' notice if the selected contractor is unable to fulfill the ditties described in the Request for Proposals for "Goat Grazing Services" attached as Exhibit 1. 4. The Contract Sum. The Cit} shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units for Nvork in the following schedule completed at the unit price stated in Attachment A to Exhibit 1 "Bid Proposal". 1 �Jj Agreement • 1 BID ITEMS — DETAIL (Table A_1 in Attachment A to Exhibit I `Bid Proposal") Item Description Quantity Unit Unit Cost Total Cost 1. McNear Dr., San Rafael. CA 94901 13 tri? Acres $1,000.00 = $13.000.00 Point San Pedro Road & Biscayne Drive. 2. San Rafael 2.5 r! Acres $1,400.00 = $3,500.00 Point San Pedro Road & Bisca_yne Drive, 3. San Rafael (Peacock Point) 6.5 0, Acres $1,000.00 = $6.500.00 Robert Dollar Scenic Drive_, San Rafael 4. 94901 15.5 0! Acres $1,000.00 = $15,500.00 Robert Dollar Scenic Dr., San Rafael 5. (Elks Lodge) 1.3 0 Acres $1,400.00 = $1,820.00 Robert Dollar Scenic Dr.. San Rafael 6. (Falkirk) 1.6 (a� Acres $1,400.00 = $2,240.00 7. Sk}view Terrace. San Rafael 9 r+ Acres $1,000.00 = $9,000.00 8. Santiago Way. San Rafael 2.3 (g) Acres $1,400.00 = $3,220.00 9. Sk}vie,.v Ter., San Rafael (Los Gamos) 3 (Fa; Acres $1.400.00 = $4,200.00 10. Windward Way. San Rafael 6.34 ( Acres $1,000.00 = $6,140.00 Andersen Dr.. San Rafael (580 11. Roadside) 3.62 slit Acres $2,000.00 = $7,240.00 12. Lincoln Ave. San Rafael 2.15 ?c Acres $1.400.00 = $3,010.00 13. Administration Charge 1 Oi? LS $3.000.00 = $3.000.00 GRAND TOTAL SUM: $78,570.00 It is expressly understood that the Estimated Bid Price stated above is the Contractor's bid and was utilized as a basis of contractor selection. The total amount paid to the Contractor during the term of this Contract shall not exceed 578.570.00 based upon the amount of time expended for work at the Unit Rates specified in the above bid table. 5. Payments. (a) For the full performance of the services described herein by the Contractor, the Cit} shall pay the Contractor on a lump sum basis for services rendered in accordance with the rates specified in the above bid table. Agreement • 2 (b) Payment will be made monthly upon receipt by the Project Manager of itemized invoices submitted by the Contractor. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 6. Insurance. (a). Scope of Coverage. During the terni of this Agreement. Contractor shall maintain. at no expense to City, die following insurance policies_ I A commercial general liability- insurance policy in die minimum aniount of one million dollars ($1.000.000) per occurrence two million dollars ($2.000.000) aggregate. for death, bodily iniury, 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. ccurrence. 3. If itemploys 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: I. The insurance policies shall be specifically endorsed to include the City, its officers. agents, employees, and volunteers, as additional insureds tinder the policies. 2. The additional insured coverage under Contractor's insurance policies shall be "primary- and noncontributory" with respect to any, insurance or coverage maintained by City and shall not call upon City insurance orself-insurance coverage for any contribution. The "prinhary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 OJ 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 City a waiver of anti riglht to subrogation which any insurer of Contractor may acquire against 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 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 fire 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 maybe satisfied by a combination ofprimary 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 (ifagreed to in a xk!ntten contract or agreement) before City's oNvn insurance or self-insurance shall be called Agreement • 3 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 more than the specified minimum insurance coverage requirements and or limits shall be available to City or any other additional insured para. 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 isgreater. (c) Deductibles and SIR'S. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the Cite, 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 Cit). 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, emplo}ees 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 extern drat liability is caused by the active negligence or willful misconduct of the City indemnitees, die 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 die 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 w•a} be limited by, the insurance obligations contained in this Agreement, and shall sun -h a the termination or completion of this Agreement for the full period allowed by law. 8. Nondiscrimination Contractor shall notdiscrinunate. in any i� ay. against any person based on age. sex. race, color, Agreement • 4 religion ancestry, national origin or disability in connection with or related to die Performance of its duties and obligations under this Agreement. 9. Compliance with All Lams 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 all damages. liabilities. penalties, fines and all other consequences from any noncompliance or violation of any laws. ordinances, codes orregulations. 10. No Third -Parte Beneficiaries Cite 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 p1uty. 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 asfollows: To City: Public Works Director City of San Rafael P.O. Box 1515611 San Rafael, CA 94915 To Contractor: Living Systems Land Nbkanagement, LLC 30444 Jame Ave Coalinga. CA 93210 12. Independent Contractor For the purposes, and for the duration, of this Agreement. Contractor, its officers, agents and employees shall act in the capacity ofan 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 wide 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 ororal, relating to die 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. If any conflicts arise between the terms and conditions of this Agreement and the terns and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and Agreement • 5 conditions of this Agreement shall control. 14. Waivers The waiver by either parte of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance. 1<zwv 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 part)- 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 tern, 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 lases 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: 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 wilatsoever to City. b. If 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. if 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 fine City, prior to completion and final acceptance of the work by City. Agreement • 6 IN WITNESS WHEREOF, Cite and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RARAEL CONTRACTOR: City ger Nanie: - >' G Title: �� r�7Y)� -K J �` A � ' L C ATTEST: [If Contractor is a corporation. add signature of Second corporate officer - _—C�< k-tL— LINDSAY LARA. City Clerk APPROVED AS TO FORM. ROBERT F. EPSTEIN, Cit} ttorne( Name: Title:' . RAFExhibit 1 �1 s 2 y0 'Ty WITH P�5 Request for Proposals (RFP) for Goat Grazing Services April 22, 2019 1. Introduction The City of San Rafael (City) hereby requests proposals for professional goat grazing services for our open space regions within the City for the 2019 vegetation management season. This work is intended to mitigate hazards in open space areas by significantly reducing vegetation that fuels wildfires and the subsequent soil erosion and run-off of burned areas. Requested services include all labor, livestock, materials, and equipment necessary to provide managed goat grazing services to City -owned open space properties within the designated service area. Work must be completed in a professional, thorough and timely manner, in accordance with the standards and specifications as contained in this RFP. Proposals shall be submitted by businesses that have a capable and demonstrable performance in the type of work described in this Request for Proposals document. In addition, all interested businesses shall have enough 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 initial contract will be one year. At the City's discretion, the contract may be extended for up to two, one-year terms or terminated if the selected contractor is unable to fulfill the duties described. Interested businesses are invited to submit proposals in accordance with the requirements of this Request for Proposals (RFP). The proposals shall be sealed and delivered Attn: "Goat Grazing Services RFP" to 111 Morphew Street, San Rafael, California 94901 on or before May 10, 2019 at 10:00 a.m. CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary 0 Phill,ps Mayor • John Gamblin Vice Mayor • Maribeth Bushey • Councilmember Kate Colin, Councilmember • Andrew Cuyugan McCullough, Councilmember KA The specific requirements set forth in this Request for Proposal document shall be included in the final executed Foran of Contract. Request for Proposal (RFP) Requirements: Table of Contents 1. Introduction....................................................................................................................... 1 2. Scope of Services............................................................................................................. 3 3. General Requirements: ..................................................................................................... 3 a. For purposes of this RFP: ............................................................................................. 3 b. Management Philosophy: .............................................................................................. 3 c. Public Image and Etiquette: .......................................................................................... 3 d. Statement of Work: ........................................................................................................ 3 e. Location of Work: ........................................................................................................... 3 h. Repairs and Corrective Actions: ................................................................................... 5 i. Safety..............................................................................................................................5 j. Traffic Control................................................................................................................ 5 k. Adjacent Properties....................................................................................................... 6 I. Invoicing and Progress Reports................................................................................... 6 m. Payment and Inspection................................................................................................ 6 n. Differing Site Conditions............................................................................................... 6 o. Adjustment in Scope or Quantity of Work................................................................... 7 p. Hourly Rates for Labor and Equipment ......................... Error! Bookmark not defined. 4. Work Schedule.................................................................................................................. 7 5. Labor..................................................................................................................................7 6. Equipment......................................................................................................................... 8 7. Grazing Standards: ........................................................................................................... 8 8. Non -City Maintained Parcels............................................................................................ 8 9. Insurance Requirements.................................................................................................. 8 10. Proposal Requirements.................................................................................................... 9 11. Bid Award Process........................................................................................................... 9 12. RFP Addenda...................................................................................................................10 13. Attachments.....................................................................................................................10 Goat Grazing Services RFP 3 2. Scope of Services The Contractor shall furnish all labor, livestock, materials, and equipment necessary to provide managed goat grazing services to City -owned open space properties within the designated service area. Services shall be provided as requested by the City of San Rafael, Department of Public Works or the authorized designee. The City reserves the right to contract for selected services relating to this proposal from any contractor, in part or in whole. The City may select several contractors to provide all necessary services. 3. General Requirements: a. For purposes of this RFP: The "City Representative" shall refer to the City's Operations and Maintenance Supervisor, or his or her designee. The terms "Contract" shall refer to the contract entered into between City and the selected Contractor. b. Management Philosophy: The Contractor shall take a proactive approach in correcting problems within the Contractor's span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City Representative for appropriate action. c. Public Image and Etiquette: All assigned employees must be qualified, trained, and capable of enough verbal and written communication skills for assigned work including effectively communicating with the City Representative, residents, and animal control officers. Contractor's employees shall wear proper protective clothing, and their clothing shall bear their business name or be unmarked. When needed, the Contractor's staff will utilize rain gear, rain boots, safety shoes, and other high visibility and protective equipment. Contractor's equipment and vehicles shall also be professional in appearance and be well maintained for safe operation. Possession and use of flammable materials are prohibited. d. Statement of Work: This is a single provider per -acre service Agreement for City -owned open space property maintenance services. The Contractor shall furnish all labor, livestock, materials, and equipment necessary to provide managed grazing services to City -owned open space properties within the designated service area. Services shall be provided as requested by the City of San Rafael, Department of Public Works or the authorized designee. The scope of services may or may not include subcontractor services. Each subcontractor used on a specific project assignment shall have the written approval of the City prior to proceeding. The scope of actual work and required completion schedules will vary with each designated open space site to be grazed. The duration of each assignment will vary depending on the size and complexity of each site to be grazed. The City requires all grazing activity on this contract to be completed by August 30, 2019. e. Location of Work: Goat Grazing Services RFP 4 Location of services to be performed is not limited to the sites designated in the Contract, which can be found in Attachment B. At the discretion of the Department of Public Services, additional City -owned parcels may be added to the service area at additional cost to the City at the per acre cost. f. Contractor Duties: The Contractor shall provide livestock for grazing of vegetation at designated open space sites in the City of San Rafael. The Contractor shall provide Herd Controller and all tools and equipment for the on-site management of animals twenty-four hours a day, seven (7) days a week for the duration of the project. Contractor shall be responsible for maintaining all animals in good health The Contractor shall supply, utilize, and care for animals to graze the designated areas agreed to between the landowner and the Contractor. The Contractor is completely responsible for and shall pay all costs necessary to ensure the health and safety for the animals and to comply with any applicable federal and state animal health requirements. All animals will be healthy, well-nourished and free of internal and external parasites, and current on vaccinations for disease prevention. Grazing contractors shall monitor livestock daily. Any sick or injured animals should be treated and removed from the project if necessary. If veterinary care for any animal is required, the Contractor shall be responsible for costs incurred. Any animals that die during this project shall promptly be removed and disposed of off-site by the Contractor. No pregnant animals shall be used on City property The City Representative shall determine locations of the sites to be grazed and approve the grazing schedule. Grazing shall continue in a timely manner and until all areas identified by the Project Manager have been grazed. Provision of all tools, equipment, transportation, animals and Herd Controller shall be considered included in the unit price bid per acre and no additional compensation will be allowed for such items. The Contractor shall be responsible for transportation of animals to and from each location. Contractor shall be responsible for the transportation, trailer and incidentals of Herd Controller. The Contractor shall be responsible for the coordination and securing of water access for all livestock during grazing, including securing a Marin Municipal Water District (MMWD) meter. This may include streams, creeks, ponds, or portable water tanks. Any MMWD costs associated with securing the water source shall be including in the Contractor's unit price bid. The City shall provide guidance to Contractor on the most appropriate water source for each open space location, however the Contractor is responsible for cost of meter fees, water holding structures, etc. for each locations. g. Access, and Operation of Open Space The Contractor must submit a confirmed schedule for goat grazing to the City Representative at least seven (7) days in advance for all grazing services. Goat Grazing Services RFP 47 The City shall furnish access to open space sites to assist in carrying out each specific project assignment. City will provide keys necessary for accessing open space preserves which must be returned upon completion of the project after each season. The City shall cooperate in every way possible in the execution of the work without undue delay. The Contractor will be required to notify the City of any deficiencies that are discovered. The Contractor and its employees act as an agent of the City of San Rafael and represent the City in the performance of their work. Only Contractor's employees are allowed on City premises where work is being performed. The City shall have the right to have the Contractor remove employees from assignment to City owned property that are deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest, create a risk of liability to the City, or whose actions are inconsistent with the best interest of the City. h. Repairs and Corrective Actions: Any private property or City property damaged during the performance of the work under this contract shall be reported promptly to the City Representative, and shall be rectified in an approved manner back to its condition prior to damage, at the Contractor's expense, within 72 hours. Any hazardous conditions noted, or seen, by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location. L Safety Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all person, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. The Contractor shall provide portable electric fencing, water troughs and water for animals. Contractor may be required to provide double portable electrical fencing for some locations. All electric fences must follow California Food and Agricultural Code Sections 17150-17153 concerning Electrified Fences. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence. j. Traffic Control If traffic is to be detoured for the safe transportation of the livestock, detour plans must be submitted and approved by the City Representative prior to starting work. Contractor, at its own expense, shall ensure proper signage, as approved by the City Representative, during lane closures. Traffic Control may include: lights, flares, signs, temporary railings, flag person(s), or other devices as required by the City Representative. It shall be the Contractor's responsibility to post no parking areas as required to perform work. Barricades can be provided by the City, if available, for pickup at the City Goat Grazing Services RFP Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades. Full compensation for conforming to the requirements of this Section including Traffic Control shall be considered as included in the contract prices paid for the various items of work and no separate payment shall be made therefor. k. Adjacent Properties Adjacent property and improvements shall always be protected from damage and intrusion during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at its sole expense. Work shall be carried out in a manner to avoid all conflicts with use of and access to adjacent properties. The Contractor shall be responsible for installing temporary fencing around the entire perimeter of each active grazing site within the open space areas to contain the grazing animals and to protect adjacent properties. I. Invoicing and Progress Reports Contractor shall invoice the City monthly in a form approved by the City Representative. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date. The Contractor shall provide a progress report (Attachment C) for each location of grazing. m. Payment and Inspection Payment will be made for work satisfactorily completed as called for in the Contract. The City Representative shall inspect and notify the Contractor of any unsatisfactory work. Contractor or Contractor's representative shall meet with a representative from the City as requested by the City, during the life of the Contract, in order to inspect work performed. Full compensation for conforming to the work of these specifications shall be considered as included in the Contract unit prices, and no further payment shall be made thereafter. The Contract unit prices shall include full compensation for furnishing all labor, travel time, materials, tools, equipment, livestock, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City. n. Differing Site Conditions During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the City Representative in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the Contract, an adjustment will be made and the Contract modified in writing accordingly. The City Representative will notify the Contractor of his determination if an adjustment of the Contract is warranted in writing. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No Goat Grazing Services RFP 7 Contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work. o. Adjustment in Scope or Quantity of Work If City gives reasonable notice to Contractor, City may propose in writing changes to Contractor's work within the Scope of Services described. If Contractor believes any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes. Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of the Contract covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to the Contract. In the event the Parties cannot reach agreement as to the proposed change, at the City's sole discretion, the City may terminate the agreement and solicit new request for proposals with the proposed scope of service changes included. All work performed and completed prior to termination, within the original scope of services will be paid to the Contractor at the previously agreed upon rate. City shall not be liable for payment of any changes in this section, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City's written request, Contractor begins work in accordance with a proposed change, City shall be liable to Contractor for the amounts due with respect to Contractor's work pursuant to such change, unless and until City notifies Contractor to stop work on such change. 4. Work Schedule Goat Grazing shall be scheduled with the City Representative and must be performed within the prescribed amount of time. It will be necessary to perform some of the assignments on weekends (Saturdays and Sundays) or during nighttime hours. 5. Labor The Contractor shall have experience performing goat grazing services for other California public agencies over the past three (3) years. The City has the right to determine crew size for all City work assignments. If the Department of Industrial Relations (DIR) makes a determination that prevailing wage is required per Section 1770 of the Labor Code of the State of California, all proposing contractors must comply with the Prevailing Wage terms as outlined below. 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 workers or mechanics needed to perform the contract that will be awarded to the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, and copies 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 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)]. Goat Grazing Services RFP No contractor or subcontractor may be awarded a contract for public work on a public works project and no contractor or subcontractor may engage in the performance of a public works contract, unless currently registered with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Copies of the Contractor's certified payroll shall be submitted to the City within fourteen (14) days of the work performed. Certified payroll shall also be submitted electronically to DIR in accordance with all DIR requirements. 6. Equipment It will be the responsibility of the Contractor to provide all equipment, livestock, and labor as necessary to perform the work described in these documents in a safe, efficient, and legal manner. 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. If the contractor is unable to consistently provide the necessary equipment or livestock to perform the work, it will be deemed to be a breach of the Contract. 7. Grazing Standards: Eighty -Five percent (85%) of vegetation up to five (5) feet high shall be grazed unless directed to do less by the Project Manager or its designee to ensure that overgrazing does not occur. Enough vegetation shall remain to prevent soil erosion. Contractor's Herd Controller shall protect and prevent grazing of all native and other desirable plant species identified by the Project Manager or its designee. 8. Non -City Maintained Parcels The Contractor shall NOT perform any work on non -City maintained parcels without the direction from the City Representative. The Contractor shall NOT perform work for adjacent property owners; all inquiries to this effect shall be forwarded to the City Representative. Insurance Requirements The City requires contractors to obtain and maintain insurance throughout the contract term. The required insurance certificates must comply with all requirements described below and must be provided with the Contract or in such other manner as may be requested by the City. During the term of this Contract and any extension thereof, the Contractor shall obtain and thereafter maintain at least the minimum insurance coverage as set forth below: a. Worker's Compensation: Statutory Limits; b. Commercial General Liability: $2,000,000 combined single limit; and c. Commercial Automobile Liability: $1,000,000 combined single limit. All insurance required hereunder shall: a. Provide that it is primary to and not contributing with, any policy of insurance carried by City or Landowner covering the same loss; b. Include an endorsement providing that written notice shall be given to Landowner at least thirty (30) days prior to termination, cancellation, or reduction of coverage in such policy. (10 day non-payment is OK) Goat Grazing Services RFP c. Include an endorsement waiving all rights of subrogation against City and Landowner; d. Include an endorsement in substance and form satisfactory to City. naming City and Landowner as an additional insured; and e. Be procured from companies that are licensed in the State of California and that are reasonably acceptable to City. Contractor shall provide City with a certificate of insurance evidencing that Contractor has obtained all insurance required under this Contract prior to commencement of any work or activity at the Grazing Site. The amount of coverage of insurance obtained by Contractor pursuant to these Contract requirements shall not limit Contractor's liability nor relieve Contractor of any obligation or liability resulting from activities related to this Contract. 10. Proposal Requirements The proposal shall be concise, well -organized, and demonstrate an understanding of and ability to perform the proposed Requirements as outlined in this Request for Proposals document. The proposal shall consist of: ■ Cover letter signed by the Contractor which includes the following information: The name, address and phone number of the Contractor's contact person for the remainder of the selection process. Any qualifying statements or comments regarding the proposal, Contractor's approach to the work, and all the information responsive to the criteria specified in the RFP the proposed Agreement. Summary and definitive information regarding licenses, certifications, company experience, and qualifications. Identification of subcontractors and their responsibilities. ■ Attachment A — Bid Items ■ List of key personnel (name, position, experience at position, employer, and dates of employment) available to respond under the Contract. ■ List of equipment (description, quantity, make, model, year. and condition) and livestock available for use under the Contract. Proposals shall be submitted in hard copy only to the address listed below, on 8.5 x 11" paper. All fonts must be size 11pt, and the full length of the proposal may not exceed 30 pages one-sided. Proposals are to be submitted in sealed packages and clearly marked with the name of the Contractor, the Contractor's address and "City of San Rafael Goat Grazing Services". 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. Proposals shall be sealed and delivered Attn: "Goat Grazing Services RFP" to 111 Morphew Street, San Rafael, San Rafael, California 94901 on or before 10:00 a.m., on May 10, 2019. 11. Bid Award Process The City will award one contract for Goat Grazing to the lowest responsive and responsible bidder, provided that the Bidder is determined to be qualified based on the requirements listed herein. Goat Grazing Services RFP 10 In order to be determined responsive, a Bidder must respond to all requested information and supply all information required in this RFP. Any bid may be rejected if it is conditional, incomplete, or contains 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 the Contract. 12. 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 at least 96 hours prior to the due date to the following address: City of San Rafael Department of Public Works Attn: Mark Wright 111 Morphew Street San Rafael, CA 94901 or Email address: mark.wright(cDcityofsanrafael.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. 13. Attachments Attachment A — Bid Items List Attachment B — City of San Rafael Goat Action Plan 2019 Attachment C—Progress Report Goat Grazing Services RFP 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. Table A.1 PRICE OF ITEMS Site Location Acres Unit Unit Cost A McNear Dr., San Rafael, CA 94901 _ 13 @ EA Point San Pedro Road & Biscayne Drive, San B Rafael 2.5 EA Point San Pedro Road & Biscayne Drive, San C Rafael (Peacock Point) 6.5 @ EA D Robert Dollar Scenic Drive, San Rafael 94901 15.5 @ EA Robert Dollar Scenic Dr., San Rafael (Elks E Lodge) 1.3 @ EA F Robert Dollar Scenic Dr., San Rafael (Falkirk) 1.6 @ EA G Skyview Terrace, San Rafael 9 @ EA H Santiago Way, San Rafael 2.3 @ EA I Skyview Ter., San Rafael (Los Gamos) 3 @ EA L Windward Way, San Rafael 6.34 @ EA M Andersen Dr., San Rafael (580 Roadside) 3.62 @ EA N Lincoln Ave, San Rafael 2.15 @ EA Grand Total Bid $ (Grand Total Written in Words) Total Cost Wa C 0 M 0 E E E 3 E 3 O 0-- 0 0 3 3 0 3 a 3 Y E a N a L a s N a >, a T a a a s O 0 a >, a a a > N N N N N �••� > N N N N N N N N i 10 N L f0 f0 N N 19 2 T 1`O L T 1` f` l7 � m C7 l7 l7 m V' L C7 L C7 C7 C7 l7 to w l7 L l7 l7 l7 Ln co O o O o LLn 6 W lNO LQ n p n � M V1 M N N rn O O1 V N M OV1 m Oi c0 T O a--1 N O rY1 V' O.1 6 -1 O ^v M1 0 �-1 m o 0 W.1-1 rrl rrl .-1 O 0000 .-1 .M-1 g O O o 0 00 Ln m rni M Ln M LD Li O o L Ln i0 O m o 0 O O .1 to .1 M .1 r v v O O O O '-I O NV M M 1� M M M M N N Il N n r-1 m N V1 ri 't i --I r-1 .-i .--1 N N V N N O .-- O O W LD ei . -1 1.1 -I r-1 Ln V1 to Ln ryry�� pp�� a0 r+l r*1 00 ri r-1 00 r -I .1 r-1 O O r O .--1 O l0 r-1 LO r-1 00 r-1 W r1 O O O O O �Wv j ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 3 m m 00 m c0 co co m co co co 00 co 00 F- F- F-F- � N N a N N N 4.) a U U a a u N `1 N U � u m T'! 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O can p i r "C QQLL 2! y s 9co m Ln .Iti nc �m qjMt' h t`n nt, e i ✓ - B3 Ln N n3 x i No N v �f N j �� :,;�'F • z �7 a` a n ❑ �'J V n N O G H 9O� = g!- • 4 �rn c IA n C H t' �a Z o 9c uQ T E S (>7 z �7 a` a n ❑ �'J V n N O G H 9O� = g!- wE �rn c IA n C H t' �a Z o 9c uQ T E S (>7 0 o_E o 7 i r "C QQLL 2! y s 9co m Ln .Iti nc �m t`n nt, n n Z ✓ - B3 Ln N n3 x No N v n� aof 0 C'7 Q 00 CV ow •ja:, 4 7 i, Room i 0 Cf) O 0) CV a N R Q 4 (` E v all 0 rn ° c E H zx cm yy >, EUM C N a s a aat��i� O O t d u20 U) ti %A cm m 4❑ ow •ja:, 4 7 i, Room i 0 Cf) O 0) CV v� No Z quo A. C) 4- 0 0 Exhibit C PLEASE PROVIDE THIS INFORMATION FOR EACH GRAZING SITE. ATTACH MULTIPLE COPIES OF THIS PAGE IF NECESSARY. Print Name and Title: Signature: ❑ Post Grazing Photos Received Date: Date: Page 1 RAF�F! R �O ,rY h' IT H 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: DPW Project Manager: Talia Smith Extension: 3354 Project Name: 2019 Goat Grazing Services Contractor's Contact: Mike Cana day C'ontact's Email: mike@lslm.ore RESPONSIBLE STEP DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER (Initials) a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) & attachments to City Attorney c/o I Project Manager Laraine.Gittensnacityofsanrafael.org _ 5/23/2019 TS a. Review, revise and comment on draft agreement and return to Project Manager 5/28/2019 LG b. Confirm insurance requirements, create Job on PINS, send PINS 2 City Attorney insurance notice to contractor. 5/28/2019 LG Department Approval of final agreement Form to send to contractor. (Provide Dept. 3 Director Director Financia! Sunauaq, it/Agreement) Forward three (3) originals of final agreement to contractor for their 4 Project Manager signature. 5/29/2019 TS When necessary, contractor -signed agreement agendized for Council approval City Council approval required /br Prgfes.sional Services Agreements and purchases of goods and services that exceed S75, 000 and Jbr PuNic {Yorks 5 Project Manager Contracts that exceed S175,000 (linterdate of Council A/venni) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form 5/29//2019/ TS 7 City Attorney Review and approve hard copy of signed agreement -- ..... ........ ... --- — --- ---- Review and approve insurance in PINS, and bonds (for public works L !!! 8 City Attorney contracts) City — 9 Manager/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project 1,-\\ 10 City Clerk manager 11 Project Manager Forward Final Copy to Contractor