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HomeMy WebLinkAboutFD Community Assistance and General Tree Work Project January 2024CONTRACT
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
WORLD TREE SERVICE, INC.
FOR COMMUNITY ASSISTANCE AND GENERAL TREE WORK PROJECT
This contract ("Contract") is entered into by and between the City of San Rafael ("City") and World
Tree Service, Inc. ("Contractor"), a California corporation, for community assistance and general tree work
on private and/or public properties ("Project"), and is effective on January4,2024 _ _ ("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 Bid Proposal, 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.
1.1 Subcontractors. Contractor acknowledges that it has listed all subcontractors it will
subcontract with to complete the Work in Exhibit B, Subcontractor List.
1.2 Contractor's License. The Work requires a valid California contractor's license for the
following classification(s): D49.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Contract;
2.2 Addenda, if any;
2.3 Exhibit A — Scope of Work and Bid Proposal;
2.4 Exhibit B — Subcontractor List;
2.5 Exhibit C — Insurance Requirements.
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 a total amount not to exceed $60,000 (the "Contract Price"), for all of Contractor's
direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes,
insurance, bonds and all overhead costs, in accordance with Contractor's Bid Proposal set forth in
Exhibit A and 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.
4. Time for Completion. Contractor will fully complete the Work within 365 days from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
City Attorney Form, July 2023 Page 1
!d, r,.
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $0 per day for each day of unexcused delay in
completion.
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 provided in Section 1, and a City business license.
B. 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, attorneys' 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 or 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.
9. Insurance. Contractor will, at all times under this Contract, procure and maintain in full force and
effect the insurance coverage provided in Exhibit C, Insurance Requirements, at no cost to City.
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.
City Attomey Form, July 2023 Page 2
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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
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.
City Attorney Form, July
Page 3
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 Contractor must remove
and properly dispose of debris and waste materials from the Work site. The contractor shall maintain
available and on site, at a minimum, one (1) fully operational hand operated backpack fire pump with a
minimum of 4 gallons reserve water, one (1) 51b ABC extinguisher which is fully charged and has been
maintained to manufacturer's specifications, and one (1) mcleod tool that is sharp and in proper working
order.
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. 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.
18. 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.
19. 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.
20. 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.
21. 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 Attorney Form, July 2023 Page ,;
/V
To CITY's Representative:
Simon Wright
Wildfire Mitigation Specialist
1375 Fifth Avenue
San Rafael, CA 94901
22. General Provisions.
To CONTRACTOR's Representative:
Natalie Carey
Manager
P.O. Box 2824
San Anselmo, CA 94979
22.1 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.
22.2 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.
22.3 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.
22.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
22.5 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.
22.6 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.
22.7 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.
22.8 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.]
City Attorney Form, July 2023 Page 5
/VZ_
The parties agree to this Contract as witnessed by the signatures below:
CITY OF SAN RAFAEL:
Cn-i ne Alrlovrch
✓isu Ile 01h,eh JaoJ 2024 2L 26 PST:
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:
City Clerk
LINDSAY LARA, City Clerk
Exhibit A: Scope of Work and Bid Proposal
Exhibit B: Subcontractor List
Exhibit C: Insurance Requirements
CONTRACTOR:
By: y_lx «`
Name: //A%LIE
Title:✓t'S /��. -'{
By: v ��
Name: QVI� � LA I IrhP 5
Title:
i
Contractors California License Number(s) and
Expiration Date(s) (required under Section 1 of the
Contract):
2 -
City Attorney Form, July 2023 Page 6
Exhibit A
SCOPE OF WORK AND BID PROPOSAL
The Work to be performed by CONTRACTOR under this Agreement is more fully described in
CONTRACTOR's bid proposal, which is attached to this Exhibit A.
City Attomey Form, July 2023
Echibit A
World Tree Service, Inc.
PO Box 2824, San Anselmo,CA 94979
415-455-0909
.ramem CArnnc_ rprt Arh#WF-1Rd1 A
Exhibit A
Estimate
Natalie Carey,'Cert Arb#WE-10312A Phone: 415-455-0909
FAX: 415-482-8212
DATE ESTIMATE #
BILL TO: NAME / ADDRESS / PHONE
9/27/2023 19556
CITY OF San Rafael Fire Dept.
Attn: Calvin Schrader JOB SITE NAME/ ADDRESS:
1375 Fifth Avenue
Kan Rafa,,l CA QiQf)l
Customer Phone calvin- 628-269-8516
DESCRIPTION
QTY
COST
TOTAL
FALL 2023 PROPOSAL FOR JUNIPER CLEARING ETC
THREE PERSON CREW WITH TRUCK AND CHIPPER TO CUT, CHIP
2,100.00
2,100.00
AND HAUL JUNIPER, CYPRESS AND THE LIKE. DAILY RATE IS 8
HOUR DAY PORT -TO -PORT. OUR YARD IS IN SAN RAFAEL NEAR
THE CIVIC CENTER SO TRAVEL TIME IS MINIMAL. DAY OF WORK
INCLUDES TIME TO GO TO MRRC (MARIN RECYCLING CENTER) ON
ANDERSON DR, SAN RAFAEL, TO EMPTY THE TRUCK
PRESUMABLY AT THE END OF THE DAY. IF MULTIPLE
CONSECUTIVE DAYS ARE WORKED THEN WILL GO TO DUMP
ONLY AFTER TRUCK IS FULL. WE CAN DISCUSS THE DUMP
SCHEDULE.
WE ARE ALLOWING/ESTD ATING THE DUMP FEES TO BE BETWEEN
0.00
0.00
$180-$250. OUR TRUCKS CONTAIN 22 CUBIC YARDS. IF THERE IS
PALM OR BAMBOO, THEN THE DUMP CHARGES EXTRA FEES SO
WE ARE ASSUMING THIS IS JUST FOR JUNIPER AND THE LIKE.
* *TOTAL CONTRACT NOT TO EXCEED $60,000.
See INDEPENDENT CUSTOMER REVIEWS AT:
0.00
0.00
http://www.diamondcertified.org/report/SMALL-WORLD-TREE-COMPANY
or www. SmallWorldTree.com.
Better Business Bureau Member link:
0.00
0.00
http://www.bbb.org/greater-san-f -anciscolbusiness-reviews/tree-service/world-
tree-service-in-san-anselmo-ca-275756?language=l
Prices quoted are good for THIRTY DAYS and are BASED
UPON DOING ALL WORK LISTED IN ESTIMATE. (Prices
TOTAL $2,100.00
may vary if only selected items are done.) PAYMENT DUE
UPON COMPLETION OF WORK.
World Tree Service, Inc. will not be held responsible for
damage to any unmarked underground structure, waterlines, or
similar undisclosed conditions, including bees nests.
Homeowner responsible for permitting unless otherwise noted.
WTC is not responsible for marks or scratches to concrete.
This contract is binding upon oral or written authorization to
proceed with above work.
SIGNATURE
Sign and fax to (415)482-8212 or email to
mail@SmallWorldTree.com.
Exhibit B
SUBCONTRACTOR LIST
Contractor hereby certifies that each and every Subcontractor that will perform a portion of the Work in an
amount in excess of one-half of 1 % of the total Contract Price, is provided below along with 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 total Contract Price.
- DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATIONOF DIRftEG:
13USINESS NO.
PERCENT
OF
WORIf
END OF SUBCONTRACTOR LIST
City Attorney Form, July 2023 Exhibit B
V c
Exhibit C
INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, procure and maintain in full force and effect the insurance
coverage required in this Exhibit C 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://www.pinsadvantaoe.comupon request by the City, and before the City authorizes Contractor to
proceed with the Work.
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.
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.
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.
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.
5. Required Endorsements. The CGL policy and the automotive liability policy must include the
following specific endorsements:
(a) 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.
(b) 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.
(c) 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").
(d) 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.
(e) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
City Attorney Form, July 2023
Exhibit C
Contract - World Tree Service - Community
Assistance and General Tree Work Project
signed 112723
Final Audit Report
Created:
2023-11-29
By:
Simon Wright Wright (simon.wright@cityofsanrafael.org)
Status:
Signed
Transaction ID:
CBJCHBCAABAABoSNBKB5AULIXoXhjtNltQYGGYs6ujAt
2024-01-05
"Contract - World Tree Service - Community Assistance and Ge
neral Tree Work Project signed 112723" History
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