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PW South San Rafael Hll Fuel Reduction Tree Services
CITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Julian Tree Care, Inc. ("Contractor"), a California corporation, for work on the City's South San Rafael Hill Fuel Reduction ("Project"), and is effective on OQ 110 20_a ("Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary, to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor's license for the following classification(s): C-61-1349 or C27 - D49. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit B — Intentionally not included 2.6 Exhibit C — Noncollusion Declaration; 2.7 Exhibit D — Bid Schedule; 2.8 Exhibit E — Subcontractor List. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $39,499.00 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, and all overhead costs, in accordance with the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, <enter project name> Up to $175,000 Contract City Project M <enter proj no.> Page 1 Approved by City Attorney, dated 03/28/2022 in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. 4. Time for Completion. Contractor will fully complete the Work within 120 days from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 5. Intentionally Omitted. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. 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 (the "Indemnitees") 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 the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. 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://wwwpinsadvantage.comi 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. <enter project name> Up to $175,000 Contract City Project #: <enter prof no.> Page 2 Approved by City Attorney, dated 03!28/2022 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. (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 <enter project name> Up to $175,000 Contract City Project M <enter proj no.> Page 3 Approved by City Attomey, dated 03/28/2022 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. 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 <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 4 Approved by City Attomey, dated 03/28/2022 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. 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. <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 5 Approved by City Attorney, dated 03/2812022 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 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: 1375 Fifth Avenue City/State/Zip: San Rafael, CA 94901 Phone: 415-485-3327 Attn: Kate Anderson, Hazard Mitigation Coordinator Email: kate.anderson@cityofsanrafael.org Contractor: Name: Julian Tree Care, Inc. Address: 561 Juliga Woods Street City/State/Zip: Richmond CA, 94804 Phone: 510-256-7009 Attn: Julian Cabrera, CEO Email: Juliantreecare@gmail.com 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. <enter project name> Up to $175,000 Contract City Project 9: <enter proj no.> Page 6 Approved by City Attorney, dated 03/28/2022 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. [Signatures are on the following page.] <enter project name> City Project #: <enter proj no.> Approved by City Attomey, dated 03/28/2022 Up to $175,000 Contract Page 7 The parties agree to this Contract as witnessed by the signatures below: CITY: Appr as to form: r r 5/ ' s/ �. JI SCH Z, City77 nage ROBE F.EPSTEIN, City A rney Date:0 1, Dak Ju&t -0� 71� Attest: SL it. - -, LINDSAY LARA, ity CI rkc Date: CONTRACTOR: 7►) 1lC[ n a4 Y. -e Business Name s/ - Seal: -Tvl-kava CAB Name/Title Date: Name/Title Date: 0 a ctlq(o k z 3 i Ias . Contractor's California License Number(s) and Expiration Date(s) Exhibit A: Scope of Work Exhibit B: Bond Forms Exhibit C: Noncollusion Declaration Exhibit D: Bid Schedule Exhibit E: Subcontractor List <enter project name> City Project #: center proj no.> END OF CONTRACT Approved by City Attomey, dated 03/28/2022 Up to $175,000 Contract Page 8 renter project names City Project #: <enter prof no> Exhibit A SCOPE OF WORK Approved by City Attorney, dated 03/28/2022 Up to $175,000 Contract Scope of Work Fuel Reduction in Defensible Space Request for Proposals (RFP) SECTION FOUR: SCOPE OF SERVICES To improve defensible space in the wildland-urban interface, invasive, non-native, and fire -hazardous vegetation and accumulated dead biomass will be reduced in strategic areas within the mapped area. Project treatments would include manual fuel reduction using chainsaws, loppers, pole pruners, weed wrenches, and chippers. Within non-native grassland and chaparral communities, grasses, dead woody vegetation, low-lying shrubs, and coyote brush would be manually removed. Oak woodland communities would be limited to manual thinning treatment by a hand crew. Treatment of trees within oak woodland would include pruning branches 8 to 10 feet above ground (not to exceed 1/3 of the tree's height), removal of dead and downed branches, removal of dead standing trees, and the removal of small diameter (less than 4 inches diameter at breast height [DBH]) live trees for horizontal spacing. Understory ladder fuels including non-native, invasive Scotch broom and French broom, coyote bush shrubs, and shrub -like understory tree saplings would also be removed in oak woodland communities. Hazardous trees (e.g., dead or dying trees) identified by an arborist, or qualified fire person may be removed. No healthy, mature, scenic trees would be removed under this project. Non-native annual grasses would be mowed, cut, or otherwise removed to improve vertical clearance and reduce fuel continuity. Removed vegetation will be disposed of through piling and burning, chipping, or composting at regional facilities. Work will be performed at appropriate times of the year to reduce the potential for biological impacts (e.g., tree trimming work will mainly occur between September and mid-February, unless a recent nesting bird survey conducted by a qualified expert prior to the work confirms no active nests will be disturbed; grass mowing during summer months). Soecifit oroiect treatments are as follows: Understory Treatment • Remove all non-native broom species using mechanical or manual removal. • Remove all vegetation that is dead or dying. • Mow grass to within 4" of ground. • Remove shrubs that overlap dripline of retained trees. • Thin live shrubs until spacing between shrubs/shrub island exceeds 2 times shrubs height. • All vegetation will be disposed of by removing completely from project site. All removed debris will piled at designated landing for air curtain burning or disposed of at either the Green Waste Recycle Yard or other green waste facilities. Shaded Fuel Break • Remove snags, live trees with poor health and vigor, and small diameter trees (<8") to increase horizontal spacing. Retain at least 1 snag per acre for habitat. Fire staff will flag any snags to retain. • Thin trees by removing select smaller individuals so that tree crown cover does not exceed 1/3 of the treatment area. • Prune lower branches of trees 8 to 10 feet above ground (not to exceed 1/3 of the tree's height). Page 4 of 12 Fuel Reduction in Defensible Space Request for Proposals (RFP) It is mutually agreed that if the City budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the City shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. Contractor's assumption of risk of possible non -appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the Board of Supervisors. If funding for any fiscal year is reduced or deleted by the City budget for purposes of this program, the City shall have the option to either cancel this Agreement with no liability occurring to the City or offer an Agreement amendment to Contractor to reflect the reduced amount. M INSURANCE The City requires contractors to obtain and maintain insurance throughout the contract term, as described in the attached Contract for Defensible Space Fuel Reduction Work (Attachment A). The required insurance certificates must comply with all requirements described in Attachment A and must be provided with the Contract. EXHIBIT A—Scoop of Work Location: Each zone consists of work sites within City of San Rafael owned lands, public road right-of-way, and private property. The standards to be applied for each site are the same. Prior to bidding contractors are encouraged to complete site visits to fully understand the scope of work on the roadways listed and mapped below. Description Land Ownership Total Acres Falrkirk City of San Rafael 2.2 Elk's Lodge Elk's Lodge 2.6 4.8 Page 12 of 12 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the [title] of. ��\Qy1 ��22 (r�r2nL [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and co ect and that this declaration is executed on 066 i 6l�� )1. [date], at Lr7� [city], CA [state]. s/ -J'J 1 i C►. alp rerA Name [print] <enter project name> City Project #: <enter prof no.> END OF NONCOLLUSION DECLARATION Approved by City Attorney, dated 3/28/2022 Up to $175,000 Contract Noncollusion Declaration Exhibit D 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 iters 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 UNIT EXTENDED NO. ITEM DESCRIPTION EST. QTY. UNIT COST TOTAL AMOUNT 1 Falkirk Unit 1 LS $18,104.00 $18,104.00 2 Elks Club Unit 1 LS 1 $21,395.00 $21,395.00 TOTAL BASE BID: Items 1 through 2 inclusive: $39,499.00 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> Up to $175,000 Contract City Project #: <enter proj no.> Bid Schedule Approved by City Attorney, dated 3/28/2022 JThis Bid Proposal is hereby submitted on (P (D 202 sl s/ =0 iiakA -Vee re c Company Name 5(.01 li f C.Vaa�S Sk- Address Johavi Name and Title Name and Title License #, Expiration Date, and Classification DIR Registration # R"G-h"Y\d CGS R qf73 q (r--710) C� S b - ib 0-1 City, State, Zip Phone lin Ce, 6rur4 'IA&V 4f`eE Caf eco u nrot1 l -c Contact Name G bntact 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 M <enter proj no.> Bid Schedule Approved by City Attorney, dated 3/28/2022 Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS _ _ DIR REG. NO. PERCENT OF WORK i i END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. <enter project name> City Project #: <enter proj no.> Approved by City Attorney, dated 3/28/2022 Up to $175,000 Contract Subcontractor List CONTRACT ROUTING FORM INSTRUCTIONS: Use thiscover sheetto 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: Kate Anderson Extension: 3327 Contractor Name:Julian Tree Care, Inc. Contractor's Contact: Julian Cabrera Contact's Email: juliantreecare@gmail.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 L Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 6/10/2022 ❑X KA b. Email contract (in Word) and attachmentsto City 6/10/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org © KA 2 City Attorney a. Review, revise, and commenton draftagreement 6/16/2022 and returnto Project Manager 6/16/2022 ix1 GC b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ]c GC 3 Department Director Approval of final agreementformtosend to 6/16/2022 0 DIN contractor 4 Project Manager Forward three (3) originals of final agreementto 6/16/2022 ® KA contractor for theirsignature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendizedfor City Council approval* *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click hereto Date of City Council approval entera date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreementsto City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed I agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and Aw forwards copies to Project Manager ��