HomeMy WebLinkAboutFD Open Space Goat Grazing7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses,
and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions
with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount
or type of damages or compensation payable under Workers' Compensation or other employee benefit
acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.
City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https:/Iwww.pinsadvanta_qe.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for
all liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
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(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
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11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
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16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
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overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address: 1400 Fifth Ave.
City/State/Zip: San Rafael, CA 94901
Phone: (415) 485-3457
Attn: Calvin Schrader, Vegetation Management Specialist
Email: calvin.schrader@cityofsanrafael.org
Contractor:
Name: Mike Canaday
Address: 36034 Highway 33
City/State/Zip: Coalinga, CA 93210
Phone: (408) 507-5700
Email: mike@lslm.org
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
<enter project name>
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[Signatures are on the following page.]
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Up to $175,000 Contract
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The parties agree to this Contract as witnessed by the signatures below:
CITY Approve as to form:
s/ 4
Jim Schutz, City Yanaq
Date:
Attest:
s/
Lindsay Lara, Cit Clerk
J Date: _/
CONTRACTOR:
Bus
Robert F. p tein, City Attorney
Date: 1 VJ I
Seal:
l ];
NamefTitle
Date:. _—%�-
Date:
Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bid Schedule
Exhibit C: Subcontractor List
END OF CONTRACT
I f Z- L-(2
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<enter project name>
City Project #: <enter proj no>
Exhibit A
SCOPE OF WORK
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Scope of Work
�AtJ RA<1
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(`rT� WITH I' tei`ct
Request for Proposals (RFP)
for
Goat Grazing Services
February 18, 2022
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 2022 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 submitted via Bid Express on or before
03/07/2022 at 10:00 a.m.
Gary 0 Phillips, Mayor • John Gamblin, Vice Mayor • Maribeth Bushey, • Councilmember Kate Colin, Councilmember • Andrew Cuyugan McCullough, Councilmember
2
The specific requirements set forth in this Request for Proposal document shall be included in the
final executed Form 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
LSafety..........................................................................................................---.................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....................................................................................................................
9
13. Attachments ...........................
19
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 and Marinwood open space
properties within the designated service area. Services shall be provided as requested by the City of
San Rafael Fire Department.
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.
General Requirements:
a. For purposes of this RFP:
The "City Representative" shall refer to the City's Vegetation Management Specialist, or
his or her designee. The term "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 Fire Department.
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 10/01/2022
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 A. At the discretion of the Fire Department,
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 and Marinwood. 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 City and the Contractor.
The Contractor is completely responsible for and shall pay all costs necessary
to ensure the health and safety of 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 City
Representative 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 location.
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.
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
Goat Grazing Services RFP
5
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 the City deems 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, in the City's sole discretion.
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.
i. 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 persons, 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
Corporation Yard. Arrangements for signs and barricades can be made by verbal or
Goat Grazing Services RFP
A
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.
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 or her 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
Goat Grazing Services RFP
7
writing. No 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.
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.
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)].
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.
Goat Grazing Services RFP
0
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.
9. 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. Except for Worker's Compensation, include an endorsement in substance and
form satisfactory to City, naming City its officials, agents, employees and
volunteers as an additional insured; and
b. Except for Worker's Compensation insurance, provide that it is primary to and
not contributing with, any policy of insurance carried by City overing the same
loss;
c. 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)
d. Include an endorsement waiving all rights of subrogation against City
Goat Grazing Services RFP
E
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:
o The name, address and phone number of the Contractor's contact person for the remainder
of the selection process.
o 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.
o Summary and definitive information regarding licenses, certifications, company
experience, and qualifications.
o 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 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 submitted via Bid Express
11. Bid Award Process
The City will award one contract for Goat Grazing to the lowest responsive and responsible bidder.
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.
Goat Grazing Services RFP
10
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 Fire Department
Attn: Kate Anderson
1375 Fifth Ave.
San Rafael, CA 94901
or Email address: kate.andersonCa7citvofsanrafael.orp
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 — Maps
Attachment C—Progress Report
Goat Grazing Services RFP
Exhibit A
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
BID
ITEM
NO.
ITEM DESCRIPTION
EST. QTY.
UNIT
UNIT
COST
EXTENDED
TOTAL AMOUNT
1
Bret Harte
11
Acres
2
Gold Hill
14.9
Acres
3
Deer Valley
17.8
Acres
4
Hartzell
15.1
Acres
5
Idylberry
15.6
Acres
6
McNear
13
Acres
7
Robert Dollar
23.1
Acres
8
Skyview/ Santiago
20.2
Acres
9
Scettrini
13.1
Acres
10
Grasshopper
4.1
Acres
Total Acreage
147.9
Acres
TOTAL BASE BID: Items 1 through inclusive: S
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
Exhibit B
Bret Harte
11 Acres
lAccess Points
Parking Location
Fire Roads
Hydrant
ell
r' t Road
Grazing Area
Owl
+�►' -,
.. 'Br vo t
F� J
r t
4
17
ti r�
11 Acres .-
w
N y rte.
0 125 250 500 f 1
Feet
r
M
ti +
500
Feet
i
J�
JJ J'•
r�
Jd�J
J
Deer Valley
17.8 Acres
2 Municipal Water
Access Points
® Parking Location
Fire Roads
ti r Hydrant
G
�Road
4.r Grazing Area
77 r L
r - 1
i
C) .?ipt
f
grOh
Ranch Rey •� f
17.8 Acres
0 125 250 500,
Feet ,.
Exhibit B Hartzell Park
15.1 Acres
rl
a
. N
Y
r
N
A
4/11
125 250
15.1 Acres
500
m Feet
WJ
® Parking Location
gAccess Points
Fire Roads
® Hydrant
Road
Grazing Area
y
9.
f■
E1
Exhibit B McNear
13 Acres
0
VI
Municipal Water
g Access Points
® Parking Location
Fire Roads
Hydrant
Road
Grazing Area
t
z
L
•r
•" I a
R rA
• ~ v
f, •
N
0 125 250 500
eet F' e'#
Exhibit B
Robert Dollar
23.1 Acres
Exhibit Skyview/ Santiago
20.2 Acres
Exhibit Grasshopper Hill
4.1 Acres
Municipal Water
,► - Access Points
® Parking Location
= Fire Roads
Hydrant
Road
f Grazing Area
qj
JV
fOw ti
4 4.1 Acres
R i
ir
X m �r I _ I L •
Q
f r
CSS � �•
0 125 250 500 ,
FeetF:—
PLEASE PROVIDE THIS INFORMATION FOR EACH GRAZING SITE. ATTACH MULTIPLE COPIES OF THIS PAGE IF
NECESSARY.
Location:
Area/Acres to be Grazed:
Map Attached: ❑ Yes ❑ NO
Description of the vegetation and/or fuels abated:
Expected Start Date:
Expected End Date:
Number of Animals:
If animals will be moved across a public street, list
street name(s):
FIRE DEPARTMENT USE ONLY Permit Terminated by:
Print Name and Title:
Signature: Date:
❑ Post Grazing Photos Received Date:
Page 1
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Bond Forms
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 2/27/2020
Up to $175,000 Contract
Noncollusion Declaration
Exhibit B
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
BID
ITEM
NO.
ITEM DESCRIPTION
EST. QTY.
UNIT
UNIT
COST
EXTENDED
TOTAL AMOUNT
1
Bret Harte
11
Acres
$1,100.00
$12,100.00
2
Gold Hill
14.9
Acres
$1,100.00
$16,390.00
3
Deer Valley
17.8
Acres
$1,100.00
$19,580.00
4
Hartzell
15.1
Acres
$1,100.00
$16,610.00
5
Id Iber
15.6
Acres
$1,100.00
$17,160.00
6
McNear
13
1 Acres
$1,100.00
$14,300.00
7
Robert Dollar
23.1
Acres $1,100.00
Acres $1,100.00
Acres $1,100.00
$25,410.00
$22,220.00
8
Sk view/ Santiago
20.2
9
Scettrini
13.1
$14,410.00
10
Grasshopper
4.1
Acres
$1,100.00
$4,510.00
X
TOTALACREAGE
147.9
Acres
$1,100.00
$162,690.00
I
TOTAL BASE BID: Items 1 through 4 inclusive: $162,000.00
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 2/27/2020
Up to $175,000 Contract
Bid Schedule
This Bid Proposal is hereby submitted on .20
s/
s/
Company Name
Address
City, State, Zip
Name and Title
Name and Title
License #, Expiration Date, and Classification
DIR Registration #
Phone
Contact Name Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum. Date Received. Addendum: Date Received:
#01 _ #05
#02 #06
#03 #07
#04 #08
END OF BID SCHEDULE
<enter project name> Up to $175,000 Contract
City Project #: <enter proj no.> Bid Schedule
Approved by City Attorney, dated 2/27/2020
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 2/27/2020
Up to $175,000 Contract
Subcontractor List
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: Fire
Project Manager: Calvin Schrader Extension: 3457
Contractor Name: Living Systems Land Management
Contractor's Contact: Mike Canaday Contact's Email: mike@lslm.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
1
3
RESPONSIBLE
® LG
DESCRIPTION
DEPARTMENT
Project Manager
Cd' DW
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
City Attorney
a. Review, revise, and comment on draft agreement
_.
and return to Project Manager
Or
b. Confirm insurance requirements, create Job on
enter a elate.
PINS, send PINS insurance notice to contractor
Department Director
Approval of final agreement form to send to
contractor
4 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
5 Project Manager When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
PRINT
Project Manager
7 j City Attorney
8 City Attorney
9 City Manager/ Mayor
10 City Clerk
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreements to City
Attorney with printed copy of this routing form
Review and approve hard copy of signed
agreement
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
Agreement executed by City Council authorized
official
Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
C Tick hurc to
clitc:r a datc.
3/10/2022
REVIEWER
heck/Initial
11
3/10/2022
® LG
3/10/2022
® LG
f
Cd' DW
x.l�.l i �rlii
N/A
_.
Or
Click here to
enter a elate.