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HomeMy WebLinkAboutPW Loch Lomond Marina Landscaping Services ProjectCONTRACT BY AND BETWEEN THE CITY OF SAN RAFAEL AND GARDENERS' GUILD, INC. FOR LOCH LOMOND MARINA LANDSCAPING SERVICES PROJECT This contract ("Contract") is entered into by and between the City of San Rafael ("City") and Gardeners' Guild, Inc. ("Contractor"), a California Corporation, for work on the City's Loch Lomond Marina Landscaping Services ("Project"), and is effective on Jun 21,202a ("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): C-27. 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 not to exceed amount of $55,000 (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 one (1) year from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 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. City Attomey Form, July 2023 Pag(,. I 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. 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, 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. 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. City Attorney Form, July 2023 Page 2 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 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. City Attorney Form, July 2023 Page 3 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: To CITY's Representative Ryan Montes Operations & Maintenance Manager 111 Morphew Street San Rafael, CA 94901 To CONTRACTOR's Representative: Felix Guillen Project Manager 2780 Goodrick Avenue Richmond, CA 94801 City Attomey Form, July 2023 Page 4 22. General Provisions. 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. 22.9 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. [Signatures are on the following page.] City Attomey Form, July 2023 Page 5 The parties agree to this Contract as witnessed by the signatures below: CITY OF SAN RAFAEL: CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk Srenna NUYyni lfo,-) Bren na Nui mi (foi) (Jul 1, 2024 07:49 PDT) LINDSAY LARA, City Clerk Exhibit A: Scope of Work and Bid Proposal Exhibit B: Subcontractor List Exhibit C: Insurance Requirements CONTRACTOR: 'yard 6wansoir vl Swanson (Jun 21, 202415:03 PDT) By. Gardeners' Guild Name: Paul Swanson Title: Chief Operating Officer Bv: Michaell Davidson Name: Michael Davidson Title: President and CFO Contractor's California License Number(s) and Expiration Date(s) (required under Section 1 of the Contract): City Attomey 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 Exhibit A Exhibit A Loch Lomond Marina — Landscaping Services Scope of Work a. Routine Landscaping Duties and Responsibilities This Section defines what shall be considered routine landscaping of the public areas of the Village at Loch Lomond Marina (Routine Maintenance"). Bids for monthly maintenance costs submitted by contractors shall be fully inclusive of costs associated with performing all maintenance activities required for routine landscaping. Contractor shall follow landscaping maintenance guidelines. All below activities shall be performed in the designated areas shown on map of areas to be maintained. • Twice Weekly Maintenance (Mondays and Fridays) o Litter Removal- All litter shall be removed from designated areas o Weeding- All areas shall be kept weed free. o Blow Hardscapes- Hardscapes including sidewalks, walkways and road shall be blown, debris collected and removed. Weekly Maintenance (Monday or Friday) o Mowing (approximately .83 acres)- All grass areas shall be mowed weekly. o Irrigation System Check- The irrigation system shall be monitored weekly for optimum efficiency during watering season (April/May through October/November). All leaks will be repaired immediately. Water use restrictions must be followed. Minor irrigation repairs shall be included in monthly service cost. Contractor shall submit a request form for major irrigation repairs to City for costs that would be in addition to the agreed upon contract amounts. Irrigation as-builts and controller information are included (Attachment D) o Monitor plant health. Contractor shall replace dead plants as needed. Minor plant replacement shall be included in monthly maintenance cost. Contractor will submit a request form for major plant replacement for costs that would be in addition to the agreed upon contract amount. o Keep bushes and trees pruned and trimmed so that safety and informational signs are not blocked from public view. • Yearly Maintenance o Full weeding and mulching of all areas- Contractor shall mulch all areas using disease and pest free organic mulch. Contractor shall include cost of mulch in monthly bid totals. Approximate mulched area is .6 acres. o Irrigation system start up and full system check. Contractor shall perform a full system check to ensure system is in optimum working condition at the beginning of the watering season (April/May). • As -Needed Maintenance (Contractor shall include these costs in monthly maintenance costs) o Removal of tree suckers, dead/broken branches. o Pruning of vegetation that is blocking signage or overhanging sidewalks/roadway. o General plant upkeep, pruning of plant dieback. o Replace broken tree stakes and remove stakes that are no longer needed. o Replace dead plants. b. Frequency of Maintenance Maintenance crews shall be onsite a minimum of twice per week on Mondays and Fridays to meet the maintenance obligations in the public areas outlined in this proposal. Note: Routine landscaping maintenance activities are expected to increase March — October for the high growth season. c. Non -Routine Maintenance The full cost of Routine Maintenance shall be represented in the bid monthly contract cost. The scope of Routine Maintenance included in the monthly contract cost is detailed in Section 6.a. However, for significant material costs associated with work outside the scope of Routine Maintenance ("non -routine maintenance"), the Contractor may submit a request to the City for extra payment above the monthly contract costs. City must approve the request prior to work commencing. Examples of non - routine maintenance material costs include: 1. Major plant replacement 2. Major irrigation repairs 3. Repairs/replacement of outdoor furnishings, equipment, or garbage cans Please note: cost of material plant replacement necessitated from plant age, disease, weather or vehicle damage, etc. shall be allowable as a separate cost reimbursement. Plant replacement necessitated as a result of a Contractor's failure to maintain will be at full cost to the Contractor. Major irrigation repairs: The Contractor is expected to perform regular repairs to the irrigation system as a part of Routine Maintenance. When extensive repairs are required, the Contractor may submit a request to the City for extra payment above the monthly contract cost. City must approve the request as non -routine maintenance, prior to work commencing. d. Clean up and Debris Disposal Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day's scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, vegetation debris or equipment be left on the street overnight. The City Representative shall be the sole judge as to the adequacy of the cleanup. e. Non -City Maintained Landscaping The Contractor shall perform work only on the areas identified in this RFP. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the City Representative. f. Meetings The Contractor's Project Manager shall be available to meet, on a quarterly basis (or when deemed necessary) with the Public Works Director or his designee at a mutually agreed upon time and place to review maintenance, operations, and all other activities. t �P.4-, 18nI., P 44 L i6CL cent landscape i a�`� I= + OV 05 F- �vasi —je-tv/pall, —c c S,c-:A L— 6 Loch Lomond Marina Maintenance Responsibility FY22-23 RFP -area ,-W.din lanascapng duties and responsablities The Village at Loch Lomond Marina Sz,Fand.CA Marina Village Astociates, PmRgMERSHIP we I Key Plan L-2.0 Loch Lomond Marina - Landscaping Services Attachment A Bid Proposal Due May 22th 2024 at 2 pm Activi Cost Twice weekly maintenance.............................................................................. $3,728/Month Weekly maintenance......................................................................................... $2,723/Month Yearlymaintenance.......................................................................................... Monthly Cost for two (2) days per week of service for all items above:...... $3,728/Month Additional Allowances Installation of 10 yards of decorative mulch- $1,735 Installation of 10 5-gallon shrubs and 25 1-gallon shrubs- $1,475 Attach additional rate sheet for any services outside of standard scope. See following page. Note if providing any discount: If City provides arborist mulch, Gardeners' Guild will provide the labor to spread it at no additional cost. *Note about irrigation: Minor irrigation repairs included maintenance fees above and are defined by repairs from the valves out. All other repairs are considered major repairs. Labor & Unit Costs Labor Costs Hourly Rates Landscape Gardener $60. Landscape Crew Leader $65. Irrigation Technician $85. Integrated Pest Management Technician $75. GARDENERS' GUILD NATURE'S TRUSTED PARTNER SINCE 1972 Gardeners' Guild Inc • 2780 Goodrlck Avenue • Richmond • CA• 94801 . 510.439.3700• Fax• 510.439.3344 • www.gardenersguild.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. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST City Attorney Form, July 2023 Exhibit B 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-Vill 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 llwww pinsadvantage.com/ upon 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 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 Ryan Montes) Extension: 3353 Contractor Name: Gardener's Guild Contractor's Contact: Felix Guillen Contact's Email: fguillen@gardenersguild.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 CIA here to ❑ enter a date. b. Email contract (in Word) and attachments to City 6/10/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®SM 2 City Attorney a. Review, revise, and comment on draft agreement 6/21/2024 and return to Project Manager 6/21/2024 ® 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 6/21/2024 ❑X AM Project Manager contractor Click here to ❑ 4 Forward three (3) originals of final agreement to contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ 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 PRINT Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 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 City Manager / Mayor (for Public Works Contracts) 9 Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Contract - Gardeners' Guild - LL Marina Landscaping Services Final Audit Report Created: 2024-06-27 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAiQpm3-zpd3p3PXvUQlueMPP9FVadXBDI 2024-07-01 "Contract - Gardeners' Guild - LL Marina Landscaping Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-06-27 - 7:45:07 PM GMT- IP address: 199.88.113.8 E-' Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-06-27 - 7:47:00 PM GMT iZ Document shared with Shannon Mackie(shannon.mackle@cityofsanrafael.org) by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-06-27 - 7:49:40 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-06-27 - 8:33:07 PM GMT- IP address: 104.47.65.254 d© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-06-27 - 8:36:39 PM GMT - Time Source: server- IP address: 199.88.113.8 Ey Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-06-27 - 8:36:41 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-06-28 - 3:21:06 AM GMT- IP address: 146.75.154.172 &o Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-06-28 - 3:21:30 AM GMT- IP address: 146.75.154.172 b© Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-06-28 - 3:21:32 AM GMT - Time Source: server- IP address: 146.75.154.172 glll> 5AN RAFAEL Adobe Acrobat Sign �'� Document emailed to city.clerk@cityofsanrafael.org for signature 2024-06-28 - 3:21:34 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-01 - 2:49:21 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-07-01 - 2:49:37 PM GMT- IP address: 199.88.113.8 6m Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-07-01 - 2:49:39 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-07-01 - 2:49:39 PM GMT Powered by SAN IRAFAEL Adobe "" _''Y WITH A Pd1SSICN Acrobat Sign