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PW City-Owned Parcel Use for Construction OperationsJuly 28, 2021 Westland Contractors, Inc. Attn: Neil Hunt 3100 East 10th Street, Unit A Oakland, CA 94601 RE: Agreement for Use of City -Owned Parcel, APN 009-280-11, for Construction Operations Dear Mr. Hunt: The City of San Rafael (City) offers Westland Contractors, Inc. (Westland), at no charge, temporary use of a portion of its City -Owned parcel, APN 009-280-11 on Windward Way, San Rafael (Parcel). The specific location for Westland's use on the site will be determined jointly by the Operations and Maintenance Manager of DPW and representatives of Westland and SRSD. Use of the Parcel shall comprise construction materials staging and equipment storage for the duration of the San Rafael Sanitation District (SRSD) Woodland Avenue Sewer Improvement Project. The project duration is expected to be from July 23, 2021 to January 31, 2022 and during the work hours specified in the contract Agreement between SRSD and Westland. The term of this agreement will commence upon execution of this agreement by all parties, and will terminate on January 31, 2022; however, the parties may agree in writing to an extension of the term. While using the Parcel, Westland agrees to release, indemnify, and hold harmless the City and SRSD and its officers, officials, employees, agents, and volunteers from any liabilities for injuries to persons or damages to or loss of property caused by or arising out of Westland's use of the Parcel, except such liability caused by the sole negligence or willful misconduct of the City and/or SRSD and/or their officers, officials, employees, agents and volunteers. The City maintains full rights to terminate this Agreement at any time with or without cause. Additionally, the City reserves the right to continue use of the Parcel for its own purposes for the duration of this Agreement. During the term of this agreement and any extension thereof, Westland will maintain the following insurance, at no cost to the City of San Rafael: 1) a general commercial liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 9,1901 CITYOFSANRAFAEL.ORG Kale Colin, Mayor - Maribeth Bushey, Vice Mayor - Rachel Kertz, Councilmember - Malka Llarens Gulall, Councllmember - Ell Hill, Councilmember death, bodily injury, personal injury, or property damage; 2) an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence; and 3) if it employs any person, a worker's 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, specifically endorsed to waive any right of subrogation against the City. Except for worker's compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, officials, agents, employees, and volunteers, as additional insureds under the policies, on a primary and noncontributory basis. By execution of this agreement, Westland hereby grants to the City a waiver of any right to subrogation which any insurer Westland may acquire against the City by virtue of the payment of any loss under such insurance, Westland agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Westland will provide City with proof of the required insurance prior to the effective date of this agreement. Westland further agrees to keep all stored material and equipment neatly organized so as not to interfere with City staff or other City Contractors concurrently using the Parcel. Additionally, Westland agrees to not create undue noise or extended idling of motorized equipment so as to be a nuisance to neighboring properties. This includes not accessing the site before lam or after 6pm. There will be no fueling of any kind within the lot or adjacent street. The City will provide Westland with a lock to the main gate. Westland agrees to keep all gates locked at all times when personnel are not present. Signature of both City and Westland's authorized agents below hereby certifies mutual agreement of the aforesaid conditions. Bill Guerin, Public Works Director 4-12:1 Neil Hunt, Westland Contractor, Inc. Authorized Agent CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 :, CITYOFSANRAFAEL.ORG Kate Colin, Mayor • Marlbelh Bushey, Vice Mayor • Rachel Kertz, Councllmember - Malka Llorens Gulall, Councilmombor • Ell Hill, Councllmomber � hp,RAF,q�! 1 s 2 VV I T H P' �\y 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: Iman Kayani for AM Extension: 3352 Contractor Name: Westland Contractor, Inc. Contractor's Contact: Neil Hunt Contact's Email: neil@westlandcontractorsinc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step T RESPONSIBLE T 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 7/28/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement ©IKK 2 Click here to and return to Project Manager enter a date. ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor Department Director Approval of final agreement form to send to enter a date. ❑ 3 Click or tap ❑ contractor to enter a Project Manager Forward three (3) originals of final agreement to date. 4 Click here to Elcontractor for their signature Project Manager When necessary, contractor -signed agreement enter a date. 5 ❑ 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 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed City Attorney agreement Review and approve insurance in PINS, and bonds 8 (for Public Works Contracts) 9 City Manager/ Mayor City Clerk Agreement executed by City Council authorized official 10 Attest signatures, retains original agreement and forwards copies to Project Manager