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HomeMy WebLinkAboutPW Baypoint Lagoons Landscape Assessment ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND WRA LANDSCAPE RESTORATION, INC FOR BAYPOINT LAGOONS LANDSCAPE ASSESSMENT SERVICES This Agreement is made and entered into as of 3/17/24 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and WRA LANDSCAPE RESTORATION, INC, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated February 8, 2024 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08 22 $16,732. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year from the Effective Date. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Jonathan Schellin is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects ofthe progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Ron McCann is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its perfonmance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT' obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. voszz 4 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Jonathan Schellin 11 I Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Ron McCann 2169-G East Francisco Blvd, San Rafael, CA, 94901 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08.22 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. v 08 22 [Signatures are on the following page.] v0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Cristino Alilovich CrisDne AI iIovich (Mar 17, 2024 09:_ CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk Lind say Lara ( lo, 2024 0a:42 PDT LINDSAY LARA, City Clerk v 08.22 8 CONSULTANT: Geoff5 14, 202413:41 PDT) By: WRA Inc Name: Geoff Smick Title: CEO [If CONSULTANT is a corporation, add signature of second corporate officer] Kira ul 6 By: WRA Inc Name: Kirk Uhrlaub Title: Secretary EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev 0822 A-1 Exhibit A f w raP Landscape Restoration i( �, SLB �i0E9�" Landscape Services Contract Prepared for: Bay Point Lagoons February 8, 2024 Project No. 340023P PURPOSF The primary objective of this Scope of Work is to address the condition of the buffer zone through an initial step of (i) surveying and assessing the condition of existing vegetation and irrigation in the buffer zone and (ii) developing a re -vegetation plan. The goal of this work is to retain existing plant communities and to establish new plant communities as appropriate that preferably are native and will (1) increase wildlife habitat, and in particular provide cover for nesting and foraging water birds; (2) reduce consumptive water use for irrigation of the vegetation; (3) require minimal (at best short-term) maintenance; (4) assist (including through natural resilience) in management of fire risk and reduction of fire hazard; and (5) anticipate continuing impact of climate change and water reduction requirements (collectively, the "Work Goals"). Any revegetation and/or related construction or installation of irrigation will be addressed separately from this Scope of Work. Because the buffer zone is one geographically contiguous area, it should be addressed as a unified whole rather than parcel by parcel, using an integrated approach to better achieve desired results throughout the entire buffer zone (particularly as concerns weed management and invasive plant control). Prior to the period of performance of this Scope of Work, the City shall obtain access for the contractor to enter onto any property within the buffer zone not owned by the City of San Rafael. WORK PRODUCTS • Provide survey/assessment of condition of existing vegetation and irrigation • Provide revegetation plan • Provide irrigation system design • Attend up to three (3) meetings, each up to two (2) hours in duration, as directed by the City of San Rafael to present findings or coordinate on -going work with other work in or adjacent to the buffer zone. Attendance may be via teleconference. 2169-G East Francisco Blvd, San Rafael, CA, 94901 1k", Ph: 415,454.8868 1 wra-ca.com SCOPE OF WORK The contractor shall survey and assess the condition of existing vegetation and irrigation currently located within the buffer zone. The contractor shall develop a revegetation plan that is consistent with the Work Goals and specifies (i) existing vegetation to be trimmed or removed, together with notes/details of location and work to be done; (ii) seed mixtures (including, without limitation, sourcing of locally adapted seed capable of establishing self-sustaining populations over time), quantities, and seeding locations; (iii) plant species/sizes, quantities, planting locations: (iv) soil handling/preparation and plant installation, together with notes/details of location, timing/sequencing of planting, and work to be done; and (iv) weed/invasive plant management directions. The contractor also shall design an irrigation system for the limited purposes of temporarily supplying water to any newly installed vegetation (i) at a rate and frequency reasonable to establish the health and vigor of that new vegetation; (ii) for a duration not to exceed three years from the date the vegetation is installed; and (iii) complies with all water restrictions or standards (whether Federal, State or local laws, regulations or orders) in effect as of the date of the completion of the irrigation system design. Any revegetation, construction or other implementation work is not covered by this Scope of Work and will be addressed (if at all) through a separate contract action. STAFFING Ron McCann is the Landscape Restoration Manager in charge of the project. Conner Cummings is the Project Manager. Our Landscape Restoration team for this project will also include a Crew Supervisor and Restoration Technicians. SCHEDULE Work can begin upon authorization. ASSUMPTIONS The following assumptions have been made in the preparation of this agreement: WRA LR is prepared to begin work upon the contract signing and will immediately coordinate with the client on the project schedule. 3 Estimates are offered on a time -and -materials basis. If during the work the cost is anticipated to exceed the estimated cost, the Client will be informed immediately. Plants are living organisms and are inherently unpredictable and dynamic. Contractor cannot be held responsible for any real or perceived damage to plants; nor can Contractor be held responsible or liable for future plant health or failure of any type. Time spent offsite dedicated to the project (e.g. planning, equipment mobilization, reporting) will be considered billable. ESTIMATED COST The estimated cost for the services described in the scope of work is provided below. This cost is based on the assumptions above and normal working conditions. Costs may be reallocated between tasks, but the total cost will not be exceeded without authorization. 2169-G East Francisco Blvd, San Rafael, CA, 94901 Ph: 415 454 8868 1 wra-ca.com TASK 1. Provide survey/assessment of condition of existing vegetation and irrigation COST $ 3200.00 2. Provide revegetation plan $ 7632.00 3. Provide irrigation system design $ 4400.00 4. Attend three (3) meetings, each up to two (2) hours in duration, as directed by the City of San Rafael to present findings or coordinate on -going work with other work in or adjacent to the buffer zone. Attendance may be via teleconference. $ 1500.00 Total: $ 16,732.00 TERMS AND CONDITIONS This agreement is subject to the Standard Terms and Conditions attached hereto and incorporated herein as Exhibit A. INSURANCE Commercial General Liability Insurance (CGL): Contractor carries commercial general liability insurance written by Evanston Insurance Company. You may call Evanston to check this insurance coverage. Workers' Compensation Insurance: Contractor carries workers' compensation insurance for all employees. INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB) CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees. For more information: Visit CSLB's website at www.csib.ca.gov Call CSLB at 1-800-321-CSLB (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826 (APPROVAL /SIGNATURE PAGE FOLLOWS) "— Bay Point LLandsscape Services o�4nttract& Scope of Work 1 2/8/24 APPROVAL TO PROCEED To authorize Contractor's services and signify their mutual intent to be legally bound by this agreement, authorized representatives of the parties hereby execute this agreement, effective upon the date when both parties have signed below. For Client Signature Date Printed Name and Title Email Address Billing Information: Name and Email (if different from above) For Contractor (WRA Landscape Restoration, Inc.) Signature Date Printed Name and Title rfaRb Bay Point onsl RA Landscape Seorvices Cl� onttracct& Scope of Work 1 2/8/24 wra RATE SCHEDULE Landscape Restoration Effective: January 1, 2024 CSLB #1068767 Rates shown are per hour and subject to an annual adjustment each January 1". Necessary project expenses and subconsultants are billed at cost plus ten percent. STANDARDRATES RESTORATION TECHNICIAN $82 ASSISTANT RESTORATION CREW SUPERVISOR $87 RESTORATION CREW SUPERVISOR $92 RESTORATION PROJECT MANAGER $92 SENIOR RESTORATION PROJECT MANAGER $102 SENIOR RESTORATION MANAGER $143 SENIOR RESTORATION CONTRACTOR $143 CLERICAL $80 TREE TRIMMER $90-105 SENIOR TREE TRIMMER $95-115 LABORER (GROUP 4) $130 LABORER (GROUP 3) $135 TEAMSTER $145 OPERATING ENGINEER $145-155 All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations, according to the type of work and location of the project. Additional travel and subsistence fees may apply based on the project location. Rates for crafts other than those above will be determined as needed. Rates are for the current year only and remain subject to mandatory increases required by the Department of Industrial Relations. 2169-G East Francisco Blvd, San Rafael, CA, 94901 Phone 415.454.8868 1 info(a wra-ca.com I wra-ca.com OTHER DIRECT COSTS Effective January 1, 2024 Mileage Current IRS Rate Bridge Tolls Cost Parking Cost Lodging Cost Meals & Incidentals Cost Postage Cost Delivery (Express Service) Cost Copy Service Cost 4x4 Truck $100 per day Watering Truck $100 per day Dump Trailer $100 per day 50+ Gallon Tank/Pump $100 per day 25 Gallon Tank/Pump $50 per day Weed Whip/Brush Cutter $50 per day Hedge Trimmer $50 per day Covered Trailer $50 per day Backpack Sprayer $15 per day Earthmoving Equipment Cost Herbicide Materials Cost wra Landscape Restoration CSLB #1068767 *10% will be added to all costs other than mileage upon invoicing; prices subject to annual adjustment. 210-9-G East Francisco Blvd, San P.afael, CA. 94901 Phone: 415.454.3363 J infa(&wra-ca.corn I wra-ca.com EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 08 22 B-1 ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. Ifthe insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. v 08 22 B-3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Jonathan Schellin) Extension: 3353 Contractor Name: WRA Landscape Restoration, Inc Contractor's Contact: Ron McCann Contact's Email: ron.mccann@wra-ca.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 3/5/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement ®SM 2 City Attorney 3/5/2024 and return to Project Manager 3/5/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® NT 3 Department Director Approval of final agreement form to send to 3/6/2024 ❑X AM contractor 4 Project Manager Forward three (3) originals of final agreement to 3/6/2024 ❑x contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for 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 here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 3/6/24 SM Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 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 Attest signatures, retains original agreement and [�—l City Clerk forwards copies to Project Manager PSA-WRA-Baypoint Lagoons Landscape (2) Final Audit Report 2024-03-18 Created: 2024-03-14 By: Shannon Mackie (shannon.maclde@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAANopLWkU54oFpD4SZp2Hsnxmy3lLaE-2R "PSA-WRA-Baypoint Lagoons Landscape (2)" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-03-14 - 6:39:17 PM GMT '+ Document emailed to Geoff Smick (smick@wra-ca.com) for signature 2024-03-14 - 6:39:24 PM GMT Email viewed by Geoff Smick (smick@wra-ca.com) 2024-03-14 - 8:34:45 PM GMT 60 Document e-signed by Geoff Smick (smick@wra-ca.com) Signature Date: 2024-03-14 - 8:41:39 PM GMT - Time Source: server E'. Document emailed to Kirk Uhrlaub (uhrlaub@wra-ca.com) for signature 2024-03-14 - 8:41:41 PM GMT Email viewed by Kirk Uhrlaub (uhrlaub@wra-ca.com) 2024-03-14 - 8:44:15 PM GMT da Document e-signed by Kirk Uhrlaub (uhrlaub@wra-ca.com) Signature Date: 2024-03-14 - 8:44:28 PM GMT - Time Source: server ► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-03-14 - 8:44:29 PM GMT L� Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-03-14 - 10:04:16 PM GMT dQ Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-03-14 - 10:08:39 PM GMT - Time Source: server Ew Document emailed to Genevieve Coyle(genevieve.coyle@cityofsanrafael.org) for signature 2024-03-14 - 10:08:41 PM GMT Adobe Acrobat Sign Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-03-14-10:28:43 PM GMT d© Document e-signed by Genevieve Coyle(genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-03-14 - 10:29:11 PM GMT - Time Source: server E7 ► Document emailed to City Clerk (city.clerk@cityofsanrafael.org) for approval 2024-03-14 - 10:29:13 PM GMT Email viewed by City Clerk(city.clerk@cityofsanrafael.org) 2024-03-15 - 3:55:22 PM GMT 6© Document approved by City Clerk (city.clerk@cityofsanrafael.org) Approval Date: 2024-03-15 - 3:55:29 PM GMT - Time Source: server '. Document emailed to Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) for signature 2024-03-15 - 3:55:31 PM GMT Email viewed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) 2024-03-17 - 4:16:58 PM GMT 40 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-03-17 - 4:17:15 PM GMT - Time Source: server P`4 Document emailed to City Clerk (city.clerk@cityofsanrafael.org) for signature 2024-03-17 - 4:17:17 PM GMT Email viewed by City Clerk (city.clerk@cityofsanrafael.org) 2024-03-18 - 3:42:20 PM GMT 60 Signer City Clerk (city.clerk@cityofsanrafael.org) entered name at signing as Lindsay Lara 2024-03-18 - 3:42:42 PM GMT b© Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2024-03-18 - 3:42:44 PM GMT - Time Source: server Q Agreement completed. 2024-03-18 - 3:42:44 PM GMT I I f t Adobe Acrobat Sign