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HomeMy WebLinkAboutFD Manuel T. Freitas Parkway Demonstration GardenCITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Brightview Landscape Services Incorporated ("Contractor"), a corporation authorized to do business in California, for work on the City's Manuel T. Freitas Parkway Demonstration Garden ("Project"), and is effective or 0jJ__q _, 20.U"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 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. This Project requires a valid California contractor's license for the following classification(s): A 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit C — Noncollusion Declaration; 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, City will pay Contractor $12,119.57 (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 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 3 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. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 1 Approved by City Attorney, dated 02/27/2020 4. Time for Completion. Contractor will fully complete the Work within 15 days 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. 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 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 from and against any and all third -party liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") arising out of or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. 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. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section 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 httys://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 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. 9.2 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. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 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. 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 2 Approved by City Attorney, dated 02/27/2020 (1) 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. (2) 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. (3) 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"). (4) 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. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 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. <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 3 Approved by City Attorney, dated 02/27/2020 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. Contractor reserves the right to terminate all or part of the Contract for convenience upon ninety (90) days prior written notice to City. 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. If City fails to timely pay any fees due under this Contract, and fails to cure such breach within thirty (30) days after written notice from Contractor, then Contractor may elect to immediately terminate this Agreement by written notice to the City. 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. Notwithstanding anything to the contrary contained in this Contract, prior to exercising any rights that City might have in the event of default or breach by Contractor under this Contract, City will give written notice of such default to Contractor; and thereafter, Contractor will have a period of five (5) days during which it shall have the right (but not the obligation) to cure such default or breach. 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 <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 4 Approved by City Attorney, dated 02/27/2020 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 the 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. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. 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. 19. 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. 20. 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. 21. 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 <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 5 Approved by City Attorney, dated 02/27/2020 subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 22. 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: Address: 111 Morphew Street City/State/Zip. San Rafael, CA 94901 Phone: <enter phone number> Attn: <name, position> Email: <email> Contractor: Name: BrightView Landscape Services Address: 4100 Paoli Loop Rd City/State/Zip: American Canyon, CA 94503 Phone: 707-251-8872 Attn- Loren Olson Email: loren.olson@brightview corn 23. General Provisions. 23.1 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. City shall remain responsible for any water -conservation goals, requirements, mandates, directives, legislation or rulings (collectively "Regulations"), as may be or become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall serve to shift the burden of compliance with such Regulations on Contractor, or to imply or require that Contractor will be responsible for any or all costs or damages associated with revising the irrigation schedule to accommodate the Regulations (whether such revision has the net effect of less or more irrigation). Contractor is not an agent -of the City; City alone shall be responsible for any failure to comply with the Regulations or any of them, any damage caused by or allegedly caused by efforts to comply with or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings, penalties, assessments, tenders of defense or indemnity asserted by any party. 23.2 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. 23.3 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. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 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. <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 6 Approved by City Attorney, dated 02/27/2020 23.6 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. 23.7 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. 23.8 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.] <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 7 Approved by City Attorney, dated 02/27/2020 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ z— s/ Jim Schutz, City Manager Date: Attest: s/ A Robert F. Epstein, City Attorney Date: =V ! ! / ZO 7-7i f r Lindsay Lara, Cit Cler Date: CONTRACTOR: BrightView Landscape Services Business Name s/ L r&tv 0ac4v Seal Loren Olson Account Manager Name/Title Date: 03-28-2022 s/ Name/Title Date: Contractor's California License Number(s) and Expiration Date(s) Exhibit A: Scope of Work Exhibit C: Noncollusion Declaration END OF CONTRACT <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Page 8 Approved by City Attorney, dated 02/27/2020 <enter project name> City Project #: <enter proj no> Exhibit A SCOPE OF WORK Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Scope of Work BrightView Landscape Services Proposal for Extra Work at 03-14-2022 Center Median Renovation Property Name 03-14-2022 Center Median Contact Calvin Schrader Renovation Property Address Manuel T. Frietas Pkwy To City of San Rafael San Rafael, CA 94901 Billing Address 1375 Fifth Ave San Rafael, CA 94901 Project Name 03-14-2022 Center Median Renovation Project Description Site prep, design layout, planting and watering. Scope of Work QTY UoM/Size Material/Description ............................-...... ....... ...r............... ..................... .............. Site Preparation 1.00 LUMP SUM Safety setup Provide labor to remove any existing plant material and / 1.00 LUMP SUM or stumps remaining from earlier removals. (3 guys one day) Planting 1.00 EACH Plant Layout Schematic 4.00 YARD Soil amendment and fertilizer 9.00 EACH 5 gallon Garrya 19.00 EACH 3 ceanothus Skylark 9.00 EACH 3 gallon Ribes Aerum 24.00 EACH 3 gallon coffee berry 37.00 EACH 1 gallon Linum Lewisii (need to substitute) 30.00 EACH 1 gallon Silver Lupine 14.00 EACH 1 gallon Salvia 13.00 EACH 1 gallon coyote mint 33.00 EACH 1 gallon Douglas iris Portuguese beach Unit Price ................... THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc 160 Wikiup Dr#205, Santa Rosa, CA 95403 ph. (800) 578-8810 fax March 18, 2022 Page 1 of 4 Total .......... ......................... - . . Subtotal $1,651.73 Subtotal $10,467.84 BrightView Ir Lantlscape Services Proposal for Extra Work at 03-14-2022 Center Median Renovation Images MTF Center Median Plant Layout Map For internal use only SO# 7763954 JOB# 421600000 Service Line 130 Total Price THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 160 Wikiup Dr#205, Santa Rosa, CA 95403 ph. (B00) 578-8610 fax March 18, 2022 Page 2 of 4 $12,119.57 TERMS & CONDITIONS 1. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications 2. Werk Forex: Contractor shall designate a quaidW representative with expedenee In tenciscape maintanancelconshveWn upgrades or when applicabte in tree management The wnrldorce shall be competent and qualified, and shall be legally 801OFIxed 10 work in the U S 3. License and Permits: Contractor shall maintain a Landscape Contractor's license, if required by State or local law, and will comply with all other license and permit requirements of the City, State and Federal Governments, as well as all other requirements of law. 4. Taxes: Contractor agrees to pay all applicable taxes, including sales tax where applicable on material supplied. 5. inaurnnce: contractor agrees to provide General Liability Insurance, Automotive Liabgty Insurance, Worker's Compensation Insurance, and any other insurance required bylaw or Client/ Owner, as specified in writing prior to commencement of work If not specified, Contractor will furnish insurance with $1,000,000 limit of liability 6. Liability: Contractor shall indemnify the Client/Owner and its agents and employees from and against any third party liabilities that arise out of Contractor's work to the extent such liabilities are adjudicated to have been caused by Contractor's negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from Acts of God are defined as those cameo by windstorm- hall, 1116, Redd, earthquake, hurricane and freezing, etc. Under Iheso circumstances. Contractor shall have the right to renegotiate the terms and prices of this agreement within sixty (00) days Any illegal trespass_ claims andior damages resulting from work requested that rs not on property awned by ClienVUvntr or not under rAerlltlOwrier management and control shall be the We responvib,lity of the CtantlOwner 7. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment e. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate. 9. Access to Jobsite: GflfaltlQwger shall provide all utilities to perform the work. ChentlOwner shall lu nigh access to all parts of Jobsite whore contractor is to perform work as ft4uked by the Contrail or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work 10. Invoicing: CfienVOwner shall make payment to Contractor within fifteen 115) days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty (30) days, 8 progress pill W0 be presented by month end and shall be paid within fifteen (15) days upon receipt of invoice 11. Termination: This Work Order may be terminated by the either party with or without cause, upon seven (7) work days advance written notice. ClienVOwner will be required to pay for all materials purchased and work completed to the date of termination and reasonable charges incurred in demobilizing 12. AssignmBnt. The OwnarlClient and the Contractor resi)Wwely, hind themselves, than parinsts. succassde6, assignees and legal represemallwd to the Other party with respect to all covenants of this Agreement. Neither the OtsnerlCrient nor the Contractor shall assign or traWOF any interest in Mis Agreement valheut the written consent of the direr, provided, hovever, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization. 13. Disclaimer Thls proposal was esttmaled and prmd based upon a site visit and visual inspection from (Found level using ordinary mearrs at or about the time Ibis proposal was prepared The price quilted in this proposal for the work described, s the result of that ground level visual inspection and therefore our company will not he liable for any additional costs or damages for additional work not described herein, or liable for any incidentstaccidents fesutpng from condtlana, that were not ascertainable * said ground level visual inspection by ordinary means at the time Said Inspection was performed Contractor cannot be held responsible for urdmwm or otherwise hrdden defects Any corrective work Proposed herein cannot guarantee exact results Professional engineering, architecWral- andfor landscape design semens i"Design Services') are not included in this Agreement and shall not be provided by the Contractor Any design def" In the contract Oocumonfs are the sate reeponsibllily of the Owner If the CJienVOwner must engage a licensed englneer, architect s"or landscape design processional. any costs Concerning these Design Services are to be paid by Iva CIienVOwner directly to the designer Involved March 18, 2022 Page 3 of 4 14. Cancellation: Notice of Cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for a minimum travel charge of $150.00 and billed to Client(Owner. The following sections shall apply where Contractor provides Customer with tree care services: 15. Tree & Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions to or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete brick filled trunks_ metal rods, etc, if requested mechanical grindng of vislbte tree slump will be done to a defined width and depth below ground level all an addlional charge to the Client/Owner. Defined backfill and landscape materiel may be specified C ontrCwner shall be responsible for coMacting Underground Service Wert to locate underground utility lines ptlor to start of work. Contractor is not respon&ble damage done to underground utilities such as but not limited to, tables, wares, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the ClieriVOwner's expense. 16. Waiver or Liability; Requests for crown tirinntng in excess of twenty-five percent 125%) or work not in accordance with ISA imlernational Society of Arboricultural) slartderds wit require a slgned waiver of liadlity Acceptance of this Contract Contractor is authorized to perform the work stated on the face of this Contract. Payment will be 100% due at time of billing. If payment has not been received by BrightView within fifteen (15) days after billing, BrightView shall be entitled to all costs of cNIedion, including reasonable attorneys' fees and ft shall be relieved of any obligation to Continue peffotmance under this or any other Conlract with Cliengowner Interest at a per annum rate of 1.5% per month (18% per year;, or the highest rate permitted by law, may be charged on unpaid balance 30 days after tilling. NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY Customer Vegitation Managment Specialist synama Tina Calvin Schrader PrM. Name March 18, 2022 GR, BrightView Landscape Services, Inc- "BrightView" L'r m 0avft, Enhancement Manager Till= Loren Olson Pn.id Name March 18, 2022 Dale Job #: 421600000 Proposed Price: $12,119.57 SO # 7763954 Exclusions And Qualifications Personnel/ Working Hours • This Proposal is based upon personnel working normal daytime hours, 8 hour work day, 40 hour work week. Proposal excludes working in an ineffective manner (rain, unsafe working conditions, etc.) ■ BrightView is an open shop contractor, non -signatory to any labor agreements. • This Proposal is based on non -prevailing wage and non-union labor rates. • This proposal is based on performing the work in one continuous operation and includes one mobilization of equipment, tools and resources to and from site. Utilities, Traffic Control, and Permitting • BrightView excludes any permits or applicable fees in this proposal. Permits and fees, if required, are to be supplied and paid for by others including street closure and traffic control plans. • Permanent or temporary Water meter fees, permits, installation and cost for water not included in proposal. • BrightView Landscape Maintenance, Inc. is not responsible for underground or overhead utilities or their re- routing. • BrightView is not responsible for unmarked private utilities. • A minimum of (48) hour notice prior to mobilization must be provided for proper underground utility marking, etc. in public areas. • The owner shall be responsible for identifying and marking all underground utilities within in the work site. • BrightView shall accept no responsibility for damage to any unmarked underground utilities. Scope of Work/ Project Specifications • No import or export soils are provided for in this proposal except as noted in the scope of work. All planting spoils to be used on-site. • Equipment access roads and level crane pads are to be provided at the time of installation and approved by BrightView prior to mobilization. • Any and all concrete or asphalt cutting, demolition, removal and replacement to be performed by others. • Hardscape, electrical, surveying, metal work or waterproofing or any other scope not specified in this proposal are excluded. • No demolition work is provided for in this proposal except as noted in the scope of work. • BrightView will receive the site clean and free of weeds and construction debris and in finish graded condition (plus or minus 1/10th foot) • Site is to be readily accessible by smooth bucket skip loader, forklift, and workmen with hand tools, semi - truck and trailer. • Cutting, patching or penetration of planter walls is excluded. Coring of structures has not been included. All necessary penetrations into existing planters, sealing of these penetrations, etc. to be by others. • Waterproofing, protection boards, and topping slabs shall be completed, in place and tested by others prior to mobilization. • Specified plant materials are subject to availability at the time of construction. Irrigation • BrightView shall be given sufficient notice to place irrigation sleeves prior to paving, curbing or wall footings being poured. • No hardscape (asphalt, concrete, etc.) cutting for purposes of installing irrigation piping, wires, etc. is provided in this proposal. • Irrigation to be taken from provided point of connection. Water meter installation excluded. • Irrigation to be installed per plan. Any necessary irrigation modifications to be billed at time and materials. • Power (110v) P.O.C. for irrigation controller will be provided by the others. • BrightView will warranty the irrigation system, with regards to material and workmanship for (90) days post- installation. Warranty ■ BrightView shall Warranty all shrubs, ground cover and vines for a period of (90) days. Specimen trees for a period of one (1) year. • Warranty does not extend beyond the natural life cycle of the plant material. (E.G. annual color, perennials, biennials, etc.) <enter project name> City Project #: <enter proj no > Approved by City Attorney, dated 2/27/2020 Up to $175,000 Contract Bid Bond Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the Enhancements Account manager [title] of BrightView Landscape Services [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 03/28-2022 [date], at San Rafael [City], CA [state] S/ LlJi' &fv o% Loren Olson Name [print] END OF NONCOLLUSION DECLARATION <enter project name> Up to $175,000 Contract City Project #: <enter proj no.> Noncollusion Declaration Approved by City Attorney, dated 2/27/2020 <enter project name> City Project #: <enter proj no.> Approved by City Attorney, dated 2/27/2020 Up to $175,000 Contract Subcontractor List s � yo WITH 4'�,� 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: BrightView Landscape Services Contractor's Contact: Loren Olson Contact's Email: loren.olson@brightivew.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 3/24/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement ® LG 3/25/2022 and return to Project Manager 3/25/2022 b. Confirm insurance requirements, create Job on X LG _ PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 3/25/2022 ® OG contractor 4 Project Manager Forward three (3) originals of final agreement to 3/25/2022 MCS 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 ❑ 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 3/29/2022 Attorney with printed copy of this routing form 7 City Attorney City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds I Oak 8 l (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager/ Mayor ` 712-- 210 official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 6 a� Y