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HomeMy WebLinkAboutFD B Street Garden Maintenance ProjectCONTRACT BY AND BETWEEN THE CITY OF SAN RAFAEL AND TRUE NORTH LANDSCAPES, LLC FOR B STREET GARDEN NVIAINTENANCE PROJECT This contract ("Contract") is entered into by and between the City of San Rafael ("City") and True North Landscapes, LLC ("Contractor"), a California Limited Liability Compan , for work on the City's B Street Garden Maintenance Project ("Project"), and is effective on - "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 classifiication(s): C27. 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 $21,300 (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"). 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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. Attorney Form, July 2023 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. 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 4 To CITY's Representative: Calvin Schrader Senior Vegetation Management Specialist 1400 Fifth Avenue San Rafael, CA 94901 22. General Provisions, To CONTRACTOR's Representative: Nick Giordano Project Manager PO Box 2823 Santa Rosa, CA 95405 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 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 LINDSAY LARA, City Clerk Exhibit A: Scope of Work and Bid Proposal Exhibit B: Subcontractor List Exhibit C: Insurance Requirements CONTRACTOR: Name: Title: 1 i/c ¢ By: Name: Title: Contractor's California License Number(s) and Expiration Date(s) (required under Section 1 of the Contract): 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 Attorney Form, July 2023 Exhibit A �-S_ TRUE NORTH sustainable landscape management July 26, 2024 C/o Calvin Schrader City of San Rafael 618 B Street San Rafael, CA Dear Directors: Exhibit A Thank you for the opportunity to provide the enclosed proposal for landscape maintenance at 618 B Street. Following a thorough review of the property with our Operations team, we have developed the following program to address your specific needs. The program is designed to be both comprehensive and cost-effective. To provide 618 B Street with a tailored maintenance program, we propose an investment of $1,500.00 per month. The focus of our weekly and on going maintenance will be for the Community Garden Area as specified per client request. Our Contract also permits $1500.00 to be used in addition and for necessary and immediate repairs. This amount will not be exceeded without prior approval. Our Contract also permits the installation of the bender board as previously agreed, to be billed at $1800.00 upon completion of project. We are eager to partner with you and look forward to establishing a long-term relationship. Please let me know when we can meet to discuss the details of our program further. Sincerely, Scott Issel Branch Manager Enclosure Exhibit A i TRUE NORTH sustainable landscape management Horticulture Landscape Management Program for 618 B Street July 26, 2024 1. Shrub Care a. Natural pruning of shrubs will be performed to promote and accentuate normal plant characteristics and reduce the amount of carbon emissions by gas powered equipment. Shearing may be performed in areas where natural style pruning is not feasible or aesthetically pleasing. Shrub renovation pruning, if required, will be performed as an extra. b. Biological and natural plant protection products and methods will be used as necessary to control plant pests. Abnormal infestations or use of specialty products will be performed as extra. c. Shrub beds will be maintained reasonably free of weeds using integrated pest management principles and hand weeding, as necessary. We encourage the use of mulching products to reduce weed infestations. 2. Groundcover a. Edging of groundcovers will be performed to maintain plant material within intended borders. Groundcover renovation pruning, if required, will be performed as an extra. b. Biological and natural plant protection products / methods will be used as necessary to control plant pests. Abnormal infestations or use of specialty products will be performed as extra. c. Groundcover beds will be maintained reasonably free of weeds using integrated pest management principles and hand weeding, as necessary. We encouraged the use of mulching products to reduce weed infestations. 3. Hardscapes a. Weeds will be controlled within paved sidewalks, curbs, and street gutters. 4. Seasonal Color Properties with seasonal color beds will receive the following: Exhibit A a. Seasonal color will be maintained in a healthy weed free condition. b. Seasonal color will be routinely groomed to remove dead flowers and to promote new growth. c. Biological and natural plant protection products / methods will be used as necessary to control plant pests. Abnormal infestations or use of specialty products will be performed as extra. 5. Replacement Plants a. Plants managed under this agreement, which are dead or in a state of decline will be brought to the Owner's attention. Plant replacements will be performed at an additional cost. b. Plants furnished, installed, and managed by True North Landscapes will have a 1-year replacement warranty for any losses under True North Landscape's control. 6. Tree Care a. Management of trees 12 feet in height or less is included in this contract. b. Pruning of trees will be performed to promote and accentuate natural forms and features within the limitations of space. International Society of Arboriculture (ISA) pruning standards will be followed. c. Stakes and ties will be adjusted to prevent damage to the trunks of trees. Removal of stakes not needed is included in this contract. The installation of new support systems will be an additional cost. 7. Irrigation a. It is the Owner/Client responsibility to provide a functional irrigation system, water supply and pressure. The Owner is responsible for costs associated with providing water and electricity. b. True North Landscapes will operate the irrigation system and provide two complete system checks per year. The controllers will be scheduled for quantities and frequencies depending on the seasonal requirements of the plant materials and soil conditions. Irrigation timers will be programmed to minimize run-off and maximize water penetration to the plant's roots. Needed repairs (not caused by True North Landscapes) resulting from vandalism, accidents, normal wear, or any other causes beyond our control will be brought to the Owner's/Clients attention. Upon authorization, repairs will be performed at the Owner's expense. d. Incidental repairs and filtration cleaning to the irrigation system which are brought to the attention of True North Landscapes will be performed and billed to the Owner/Client .` �.,�....��, cy�i"ice 9�=. +•�._!a� '> .� ,-;- i>1'apV-3>=C"�G�2' - without written authorization if labor and materials do not exceed $300,00 per Exhibit A occurrence. e. The intent is to minimize both labor costs and water costs to the customer while better preserving the resource. Operation of non -automatic irrigation systems, manual operation of inoperable irrigation systems, or hand watering is not part of this agreement except as negotiated and part of this contract. 8. Debris a. True North Landscapes will remove all debris generated during maintenance operations. b. On day of service, incidental non -organic debris and limited man-made litter will be collected, and if available will be disposed of using Owner/Client's dumpsters. c. Excess debris generated by storms may warrant an additional charge for dump fees and labor. d. Leaf accumulation in parking lot corners shall be policed, as necessary. Blowing and cleaning of entire parking lots, pool skimming, etc. can be performed under separate agreement. 9. Fertilizer a. Fertilization of plant material can be performed, if needed, under a separate agreement at an additional cost. l,:._, fi; 'r; 2 :i T Exhibit A ti• TRUE NORTH ,usloinoble landscape manogement Contract for Landscape Management Services Owner/Management: Site Contact: Billing Information: City of San Rafael 618 B Street Billing Contact: Calvin Schrader C/o Calvin Schrader San Rafael, CA 94901 Billing Email: calvin.schrader(a)citvofsanrafael.corr 618 B Street Job Type: Alt Billing Email: San Rafael, CA 94901 Tel: (415) 485-3457 Billing Phone: 415-485-3457 Email: calvin.schrader(cDcitvofsanrafael.com True North Landscapes, LLC. agrees to perform landscape services as per the attached Landscape Management Specifications for Horticultural Services. All work will be performed in accordance with the "General Terms and Conditions" located on the reverse and incorporated into this document. This contract shall commence and shall automatically continue for a twelve (12) month period. Thereafter, contract will continue month -to -month and all terms and conditions herein shall remain in force. Both parties will abide by its terms for a minimum period of one year as the monthly amount is the average cost over 12 months. Should services be stopped for whatever reason by the client, then a fee to re -coop expenses over and above the average costs per month will be due and payable immediately. This contract shall ensure to benefit of and be binding to each parties' successors. Contract shall continue for subsequent one-year terms, at an increase equal to Consumer Price Index (CPI), unless written changes are made prior to the expiration of the current term. All changes must have a 30-day notice. Invoices will be sent on or about the 151 day of each month for the current month's services and due Net 30 of invoice date. A late charge of 2% per month shall be added to the amount due if more than 30 days past due. Work performed prior to the above commencement date shall be billed on a pro rata basis for the percentage of the month of work is performed. Other work (if noted) includes the following items: Items Listed On Cover Sheet • Pre - approved, necessary repairs. Amount no to be exceed without prior approval - $1500.00 • Bender Board Installation for B Street Community Garden - $1800.00 TOTAL ANNUAL COST WITH INCLUDED SERVICES: • Weekly Maintenance, Pre Approved Repairs, Bender Board Install — ANNUAL COST - $21,300.00 Owner/Client agrees to pay True North Landscapes, LLC. for said performance the sum of $1,500.00 per month due Net 30. This contract can only become effective if accepted within 60 days. Should site conditions change from date of contract presentation to Owner/Client, a one-time "clean up" may be necessary to bring the landscape areas to industry standards. A separate agreement shall be considered, and if agreed upon, the Owner/Client will be billed separately. True North Landscapes, LLC. �y Owner/Client Name: Scott Issel Name: Title: Branch Manager Title: ..i7r.._ Date: July 26, 2024 Date: Exhibit A General Terms and Conditions 1. Contractor's Responsibility: Notice to owner: Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors State License Board, 9835 Goethe Road, Sacramento, CA 95827 or mailing address P.O. Box 26000, Sacramento, CA 95826. 2. Notifications The Department of Food and Agriculture requires notification to the Owner or Owner's representative of all pesticide applications. As part of this maintenance agreement, True North Landscapes will make periodical small-scale applications of plant protection products and herbicides while on site. This notice serves as notification of these types of applications. The physical posting of pesticide application information will be the Owner/Client's responsibility. Upon request, the Owner or Owner's representative will receive a list and MSDS of these commonly used products that may be used on a weekly basis on the property. A separate notification prior to applying large-scale pesticides will be provided as well - Holidays -Except in the event of an emergency, no services will take place on the following Holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, 4th of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. Generally, abbreviated services will be performed on holiday weeks. For safety, regular service visits are contingent upon weather. Occasionally work may be performed as a courtesy, which is not included within this agreement. Should courtesy work continue to be performed, this work will not be included in the agreement. The Owner will provide Contractor with irrigation system, planting & drainage plans, or drawings. Plants managed under this agreement, which are dead or in a state of decline will be brought to the Owner's attention. Plant replacements will be performed at an additional cost. The Contractor is permitted to take and use photographs and or video of the property for the purpose of training, advertising, promotional and or marketing purposes. 3. Sub -Contractors: The Contractor may engage sub -contractors to perform work, provided that the Contractor will continue to be responsible for the performance of all Work under this agreement. 4. Liability: It is understood that the Contractor is not liable for any damage of any kind whatsoever that is not caused by the negligence of the Contractor, its agents or employees, and that Contractor is not liable for any pre- existing conditions to the landscape or its components. The Owner assumes no liability for injury to the Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner, Owner's agents, or Owner's employees by their negligence or intentional acts. 5. Insurance: The Contractor will maintain, and, if applicable, require sub -contractors to maintain General Liability, Automotive Liability, Worker's Compensation, as well as any necessary licenses. Additional insured certificates will be provided as requested. 6. Vendor Compliance. In the event a third -party vendor compliance certification is required by the Owner/Client, the costs associated with the compliance company will be paid by the Owner/Client. 7. Permits: If required, the cost of permits will be paid by the Owner/Client. Exhibit A 8. Invoices: Contractor will submit invoices for the amount set forth on the face of this contract. Any services performed and/or materials delivered which are not agreed upon in this contract, will be deemed "extra service" and invoiced separately. If payment is not current, Contractor may cease work and keep job idle until all overdue amounts have been remedied. Such action by Contractor is not considered a breach of this contract and Contractor is not responsible for site conditions until work resumes and amounts owed have been brought current. 9.Taxes: Contractor agrees to pay all applicable taxes on materials supplied to perform services. 10. Termination: Either party may terminate this agreement by a written 60-day notice of termination. True North Landscapes, Inc, may cease services without a termination notice if Owner fails or refuses to pay according to the terms of this agreement. The intent of acceptance of this contract is to abide by the terms of this contract for an initial period of not less than twelve (12) months, monthly thereafter. For the convenience of Owner/Client only, the monthly charge is figured as an average cost over a twelve (12) month period. In the event contract is terminated early by either party at a time when the value of services paid does not equal the value of services rendered, Contractor shall be entitled to recover incurred costs including reasonable overhead and profit. This is because substantial portions of the work for the year may be performed in the early months of the contract period to include mobilization start-up costs and seasonal tasks. The cost of the work completed will not be fully recovered until all monthly payments under the contract have been received. 11. Notice of Defect: Owner/Client agrees to give Contractor a 48-hour notice to rectify any problem or defects that are discovered in the performance of the work under this contract. Owner/Client agrees to pay, in full, the sum shown on the face of this contract, and Contractor will not accept any deduction unless such notice is given. 12. Law: The Laws of the State of California shall govern this agreement. 13. Miscellaneous: This contract is binding on all parties who lawfully succeed to the rights or take the place of the Owner or Contractors. This contract may not be assigned by either party without the consent of the other. If any legal action or proceeding is brought by either party, including any arbitration of disputes, arising out of, or relating to this Contractor Agreement, the prevailing party as determined by the Court of Arbitrator, shall be entitled to receive from the non -prevailing party, in addition to any other relief that may be granted, reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party. For safety, regular services visits are contingent upon weather. This proposal is valid for 60 days 'i- _ .`.✓� ..1� �i - ?ilis s3i>.e3��,, 5.>...s.._=�s'sE `,;'I a g P 16 J[ 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-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.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 RAF,q�I �1 i z o �i WITH p e��h CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Calvin Schrader Extension: 3457 Contractor Name: True North Landscapes Contractor's Contact: Nick Giordano Contact's Email: nick.giordano@truenorthlandscapes.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 7/30/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 9/10/2024 and return to Project Manager 9/10/2024 © NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 9/16/2024 ® _OG_ contractor 4 Project Manager Forward three (3) originals of final agreement to 9/16/2024 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement © N/A agendized for City Council approval * *City Council approval required for Professional Services I] 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 9/26/24 CS 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 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager VM Contract - True North Landscapes, LLC - B Street Garden Maintenance Project Final Audit Report 2024-10-04 Created: 2024-10-04 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAyuKzOnshhc9Hk1MdnwZrJV8TPdhjpUHl " VM Contract - True North Landscapes, LLC - B Street Garden Maintenance Project" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-10-04 - 6:00:12 PM GMT- IP address: 99.145.194.25 E-11 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-10-04 - 6:03:17 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-10-04 - 6:29:49 PM GMT- IP address: 104.47.65.254 60 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-10-04 - 6:34:23 PM GMT - Time Source: server- IP address: 199.88.113.8 E'y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-10-04 - 6:34:26 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-10-04 - 6:42:12 PM GMT- IP address: 104.28.123.163 do Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-10-04 - 6:42:28 PM GMT- IP address: 104.28.123.163 d0 Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-10-04 - 6:42:30 PM GMT - Time Source: server- IP address: 104.28.123.163 P4 Document emailed to city.clerk@cityofsanrafael.org for approval 2024-10-04 - 6:42:37 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-10-04 - 6:43:07 PM GMT- IP address: 104.47.65.254 Powered by 4 JI" ` SAN RAFAEL Adobe 'o Acrobat Sign 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-10-04 - 6:43:16 PM GMT- IP address: 199.88.113.8 do Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-10-04 - 6:43:18 PM GMT -Time Source: server- IP address: 199.88.113.8 C'y Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-10-04 - 6:43:21 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-10-04 - 10:31:43 PM GMT- IP address: 174.194.200.7 6o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-10-04 - 10:32:17 PM GMT- IP address: 174.194.200.7 6o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-10-04-10:32:19 PM GMT - Time Source: server- IP address: 174.194.200.7 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-10-04 - 10:32:21 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-10-04 - 10:35:39 PM GMT- IP address: 104.47.65.254 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-10-04-10:35:53 PM GMT- IP address: 199.88.113.8 do Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-10-04-10:35:55 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-10-04 - 10:35:55 PM GMT I ��'• SAN RAFAEL I Powered by Adobe 111. -., . ,.:. , ,, _ : Acrobat Sign