City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01213 7/1/2025
Contracts: Weed Abatement Services for Private Properties for Community Development Department
File ID: 2025-01213
Location: Citywide
Recommendation: Pass a Motion: 1) ratifying the execution of four on-call non-professional service agreements with Elite Expert Services, Elite Maintenance & Tree Service (EMTs), T&R Restore, Northern State Contractors for Weed Abatement Services on private properties; 2) authorizing the Interim City Manager or designee to execute the on-call non-professional services contracts with Elite Expert Services, Elite Maintenance & Tree Service (EMTs), T&R Restore, Northern State Contractors each with a not-to-exceed amount of $251,966 for one year with four one year renewal options for a total not-to-exceed amount $1,259,830; and 3) determining the expenditure for all four contracts shall not exceed $251,966 in any given fiscal year.
Contact: Peter Lemos, Chief of Code and Housing, (916) 808-8183, [email protected]; Monica Duncan, Administrative Analyst, (916) 808-8025, [email protected]; Community Development Department Presenter: None
Attachments:
1-Description/Analysis
2-PRC002799-EMTs Agreement and Supplements
3-PRC002812-Elite Expert Services Agreement and Supplement 4-PRC002813-T&R Restore Agreement and Supplement
5-PRC002822-Northern State Contractors Agreement and Supplement Description/Analysis
Issue Detail: A Request for Qualifications (RFQ) was posted on March 1, 2024, for Weed Abatement services with a scheduled close date of April 1, 2024 (Q24211313003). The City received five bids.
Four companies, Elite Expert Services, Elite Maintenance & Tree Service (EMTs), T&R Restore and Northern State Contractors were selected as the most qualified and responsible bidders. All four weed abatement contracts began May 10, 2024, with a one-year term with four one-year renewal options.
File ID: 2025-01213 7/1/2025
Each contract specifies services of a total not-to-exceed $60,000 each year. After the first year, the following four years are optional. The potential total amount for all four contracts shall not exceed $1,259,830. This allows the City the flexibility to use each weed abatement contractor based on availability and response time. On-call services will not exceed more than $251,966 for any given fiscal year.
Policy Considerations: The recommendations in this report are in accordance with the provisions of City Code Section 3.56 regarding the purchase of supplies and non-professional services and Section IV.1.C.1 of the City’s Non-Professional Services Policy regarding awards to multiple contractors for the same scope of services.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: City Code Section 3.56.090 reads in part, “Unless otherwise provided in this title, all contracts involving an expenditure of $250,000 or more must be authorized by the city council.” Section IV.1.C.1 of the City’s Non-Professional Services Policy provides that for contract solicitation and award purposes; procurements must include the total amount of all service contracts awarded to all contractors for the same service. Because Elite Expert Services, Elite Maintenance & Tree Service (EMTs), T&R Restore and Northern State Contractors will perform the same scope of services, and the aggregate not-to-exceed amount of all four agreements exceeds $250,000, Council approval is required.
Financial Considerations: Sufficient funding is available in the Fiscal Year 2025/26 Community Development Department Operating Budget to make purchases through June 30, 2026. Future services are dependent on the availability of funding in the adopted budgets for the applicable fiscal year. Weed abatement on-call services will not exceed more than $251,966 each fiscal year.
Due to the forecasted structural budget gap, the City Manager has directed City Departments to minimize costs and for all new contracts to receive an additional level of scrutiny to ensure they are necessary for the operations to the City. This contract has been reviewed and approved by the City Manager's Office to advance to Council for approval. Funding for the proposed contract beyond FY25/26 is subject to Council approval.
Local Business Enterprise (LBE): Elite Expert Services, Elite Maintenance & Tree Service (EMTs), and Northern State Contractors are LBE. T&R Restore is not LBE.
File ID: 2025-01213 7/1/2025
Background: The City of Sacramento’s Weed and Rubbish Abatement Program, originally administered by the Sacramento Fire Department, was initiated on July 10, 1969, and has been in effect since the City first adopted the standards for weed and rubbish abatement. The program was established to ensure the timely removal of weeds and rubbish from private property located in the City of Sacramento (Sacramento City Code, Chapter 8.28, Weed and Rubbish Abatement).
In 2012, the Code Compliance Division of the Community Development Department assumed responsibility for the private property weed abatement program. This program is consistent with the goals and mission of the Community Development Department as it is a program established to abate nuisances and address health and safety hazards. This program aligns with the City’s vision of ensuring a healthy and safe environment for its residents, and thus promotes a better quality of life.
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002799CONTRACT NAME: Weed Abatement ServicesCONTRACT PROJECT #: DEPARTMENT: Community Development DIVISION: Neighborhood Code Compliance CITY OF SACRAMENTO NONPROFESSIONAL SERVICES AGREEMENTTHIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), andEMTs DBA Elite Maintenance and Tree Services 8100 Sunrise Boulevard, Citrus Heights, CA 95610 209-316-2915/[email protected](“Contractor”), as of the Effective Date, as defined below. The City and Contractor agree as follows: 1.Effective Date. This Contract shall be effective beginning May 10, 2024. 2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”): Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work Exhibit B – Payment Exhibit C – Insurance Exhibit D – General Conditions Purchase Orders If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”). Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to City in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the Non-Discrimination in Employee BenefitsCode (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.The Living Wage Ordinance is applicable to certain contracts with the City in an amount of$250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicablerequirements of Sacramento City Code chapter 3.58 and include these requirements in allsubcontracts covered by Sacramento City Code chapter 3.58. Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11.Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") are applicable to this Contract. A summary ofthe requirements, entitled "LBE Participation Requirements," can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Monica Duncan/Administrative Analyst300 Richards Boulevard, 3rdFloor, Sacramento, CA 95811916-808-8025/[email protected] The CONTRACTOR Representative for this Agreement is:Darin Sherlock/Regional Operations Manager8100 Sunrise Boulevard, Citrus Heights, CA 95610209-316-2915/[email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for one year. The City may extend this Contract for up to [two] additional one-year terms, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 60,000.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal. 5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date aninvoice is received, whichever occurs later. B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number(3) Contractor’s Invoice Number(4) Date of Invoice Issuance(5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice(9) Itemized description of all authorized Reimbursable Expenses(10) Itemized description of all applicable taxes (sales, use, excise, etc.)(11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above. E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading. F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract. 6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice. 8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section. 9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]: ________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or ________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000. If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractorshall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. __ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 8. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein. 9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. Contractor Information. A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
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9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non-emergency / non-disaster conditions. The pricing set forth in this Contract will apply, withoutmark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption13. Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense. A. The Contractor agrees that the Goods and Services furnished under this Contractwill be covered by the industry standard or better warranty.B. Contractor further warrants that the Goods and Services furnished under thisContract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract. C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.16. Indemnity. A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B.,above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 17. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract.18. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractor complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
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19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code. 20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 21. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect. 25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above. 26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
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27. Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
SCOPE OF SERVICES: Provide Weed Abatement and Debris Removal Services from private property on an as-needed basis. CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, and incidentals necessary for the work to be performed. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this Agreement. Specific site requirements, time periods and schedules will be specified for each job required by the City. 1. Scope of Work (SoW)All work shall be done in accordance with applicable provisions of this bid. Work to be covered underthis contract includes but is not limited to furnishing all labor, materials, tools, equipment,transportation, and all incidentals involved in the abatement of weeds and minor debris removal fromidentified parcels/lots within the City of Sacramento boundaries.The contract shall be non-exclusive, and the City of Sacramento expressly reserves the right tocontract with others to remove weeds and/or refuse under special assessment proceedings orotherwise.Definitionsa.Weed Abatement: The removal of plants or grasses that pose a fire hazard or constitutea nuisance as defined in City of Sacramento Nuisance Code 8.04.100b.Debris: rubble, wreckage, litter, discarded garbage/refuse/trash, scattered remains ofsomething destroyed or disregarded.c.Residential Parcel: For the purposes of this contract, a residential parcel shall be aparcel with residential zoning, three or less residential units with garages and sheds on it and no other uses on the parcel. d.Commercial parcel: for the purposes of this contract, a commercial parcel shall be anyparcel that is not considered a residential parcel. e.Vacant lot: A lot void of a structure or recognized tenants.f.Brush Management: Managing brush, trees, shrubs and the like on or around a lot.2. Timely CompletionThe Contractor shall have five (5) consecutive eight (8) hour days (40 hours total) from the date of the notification to proceed and complete all work as agreed to by both parties in accordance with the SoW. In the event of an immediate fire hazard the contractor has 24 hours to complete all work. 3. Location of WorkThe properties upon which the abatement work shall be done, consists of residential and commercial parcels/lots with or without buildings of homes, outbuildings, and commercial buildings, upon which weeds, or refuse have become a nuisance. Contractors shall coordinate with the City of Sacramento, Community Development Department on location(s) and date(s) of requested abatements. Maps and locations will be furnished at the time of assignment.
4. Notification ProcedureProperty owners will have been notified through the Community Development Department’s administrative abatement process. Property owners would have been given the opportunity to comply but failed to abate their property within the requisite time. The contractor shall be prepared to start abatement action within 48 hours of notification by the Community Development Department. In the event of an immediate fire hazard the contractor has 24- hours from time of notification by the City to complete all work. If the city notifies a contractor prior to abatement to remove a parcel from the list provided, the parcel shall be deleted from the contract and no work shall be done on the parcel. No payment will be made for abatement work on any parcel unless the above conditions are met. The Contractor shall not proceed on lots upon which the following conditions are observed: (A) lot upon which construction has started, (B) A lot upon which an obvious attempt has been recently made to eradicate the weeds and/or remove rubbish and debris, (C) When entry is refused by Property Owner, (D) lot upon which illegal camping is occurring and campers are present. Upon observing any of the above circumstances, the Contractor shall immediately notify the City of Sacramento, Community Development Department in writing of its existence. Staff shall inspect said lot and/or lots and determine whether the areas shall be included or deleted from the contract. Any Contractor who violates these conditions will be removed from the contractor list and will be suspended from abatement work for the City of Sacramento. The City of Sacramento, Community Development Department will inspect all parcels and provide the contractor with a verbal/written list of property addresses/parcels in which the contractor is to abate. No work shall be done on any parcel unless this notice is given. The approval to start work on specified parcels is automatically cancelled if work is not completed within forty-eight (48) hours of the approved starting date. In the event of a fire hazard, Contractor has 24-hours to complete all work. 5. Estimate of Services – Prior to Commencement of Work Prior to commencement of any work, the Contractor shall provide a verbal/written estimate of labor and materials to the City representative. No work shall commence without a verbal/written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, it will be inspected by the City representative, initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate will result in a delay in payment to the Contractor. Failure to provide an estimate within a reasonable amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. 6. Equipment
Equipment unsuitable to produce the quality of work required will not be permitted to operate on the project. The Contractor shall provide adequate and suitable equipment to meet the requirements of this contract, and when ordered by the Community Development Department, remove unsuitable equipment from the work site. 7. Special ConditionsProperty adjacent to sidewalks, parkways, and fence lines must be cleaned, mowed or trimmed to acceptable standards. Weeds must be removed along fences and on park strips. 8. General Work Requirements The Contractor shall have at least one (1) year of actual experience in providing landscape maintenance services for commercial and/or governmental entities. The Contractor will be responsible for coordinating requirements with the City. The Contractor is responsible for a pre-work inspection and a post-work inspection to ensure completion of all work in accordance with contract specifications. The Contractor will be accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and SoW described herein. The Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc., for cracks, crevices, graffiti, and deterioration and shall report any deterioration or graffiti to the City representative immediately. The contractor shall perform a visual inspection of the property for break-ins. In the event of a break-in the Contractor is to call the Sacramento Police Department and inform them of the break-in. a. Performance Standards for Mowing If the property is residential or commercial in nature, weeds and/or dry grass, so mowed, shall be removed from the premises and not allowed to remain on the lot. Mowing height of weeds shall be any weeds/grass that exceeds 2 inches. Prior to mowing operations, all debris including stones, limbs, etc., shall be removed. a.1- Performance Standards for Eradication by Disking Heavy-duty tractors and heavy-duty tandem discs (5'-8') shall be used. Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each disking shall destroy and bury the growth of weeds existing at that time. Disking equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment not suitable as dictated by best practice or industry standards to accomplish the type of disking specified will not be allowed. Each disking shall leave the property clean, reasonably smooth and in an acceptable condition, as determined by the City. In some cases lots will require two (2) disking’s as determined by the City. Unless otherwise specified the second disking shall not occur before thirty (30) days have elapsed from the date of the first disking. Parcels over fifteen (15) acres in size shall have a firebreak disked of at least one hundred fifty
(150) feet in width around the entire perimeter of the property, instead of disking the entire parcel, unless otherwise specified by the City of Sacramento Community Development Department. Prior to disking operations, all debris including stones, limbs, etc., shall be removed. b. Performance Standards for Debris/Refuse Removal The Contractor shall remove from each lot designated to be mowed, all debris/refuse that will prevent mowing as herein specified. Large amounts of debris/refuse and/or unknown materials found on a lot shall be immediately brought to the attention of the City of Sacramento, Community Development Department prior to removal. After each mowing, the Contractor shall remove debris/refuse from these lots so as to leave the property reasonably clear of such debris/refuse. b.1-Performance Standards for Debris/Refuse Removal for parcels of 15 Acres or more In addition, parcels over fifteen (15) acres in size will have the debris/refuse removed from the firebreak area only, unless otherwise specified. Sidewalks and parkways are considered part of the lot and shall be cleaned to acceptable standards (free of weeds, debris, refuse, rocks, dirt, etc.) so as to cause no obstruction to pedestrian traffic. c. Leaf Blower Requirements – Within 200 Feet of any Residential Property The use of portable gasoline-powered blowers, within 200 feet of any residential property, is restricted to the hours from 9:00 a.m. to 4:00 p.m., Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. Blowers cannot exceed 70dBA when used within 200 feet of any residential property and may require mufflers or other modifications to meet the 70 dBA limit. Blowers purchased after November 15, 1995, cannot exceed 65dB’s when used within 200 feet of any residential property. 8.70.020 Use of portable blowers. No person shall operate a portable blower when the air quality index is 101 and above. (Ord. 2020-0042 § 1) d. Dump Fees and hauling Debris and Green Waste The Contractor shall remove all debris that obstructs a parcel/lot from being disced/mowed prior to abatement. All clippings, trimmings, bushes, and all green waste as a result of the abatement shall also be removed. Upon completion of abatement the Contractor shall haul off all debris and waste. If there is enough debris that requires a trip to the dump the Contractor shall ensure the dump fee and related charges are charged to the parcel/lot where the debris originally resided. All junk and debris that is hauled off may be charged according to the pricing schedule. All green waste and brush should be factored in the price per lot/parcel.
Should a property owner contest the charges for abatement and/or associated dump fees, the City has the right to call the Contractor to appear at the hearing. Should the Hearing Examiner find that the charges were not invoiced according to the parcel/lot in question the amount that the Hearing Examiner waives will be subtracted from the Contractors payment. f. Trimming Low Hanging Tree Limbs and/or Saplings As directed by the City, certain parcels/lots may need to have tree limbs which hang low and/or saplings trimmed back or removed from the parcel/lot. For saplings, removal is considered as either complete removal or ensuring they are level to the ground. Low hanging limbs are to be removed up to a height of 6 feet from ground level. This will be charged as debris removal and hand labor rate per the pricing schedule. g. Locked Gates Any parcel/lot on the manifest provided by the City that is fenced and locked shall not be abated but the Contractor shall contact City staff immediately. Locked gates include any gate that is locked, despite gaping holes or breeches.
Digital photos of Job sites Digital pictures are required of each parcel/lot where services are rendered. Pictures are required to ensure that the condition of the property prior to abetment, work progress and the completed abatement are captured. Each photograph must be date/time stamped. Photos shall be saved/indexed by parcel number and the date of abatement by the Contractor. •Pre-Abatement Photos: photographs taken, in sufficient numbers and detail from fixed vantage points prior to commencement of the work, to show the original site conditions . •Progress Photographs: photographs taken throughout the duration of abatement at regular intervals and from fixed vantage points that document the progress of work. •Finished Photographs: photographs taken in sufficient numbers and detail from fixed vantage points upon completion of the work to show the abated condition of the property. Any approved City vantage point or reference point is an orange safety cone that has a mark which indicates 12” (as seen here) The Contractor is required to maintain a database of pictures for all jobs completes for this project keeping them on file in their office or a in a secured, weather and temperature proof, off-site storage, for a period of two years from the date of abatement. These pictures will be utilized in the event that a property owner protests abatement charges. If a protest is received, City staff will contact the contractor and specify that they need pictures by
providing the parcel number and date of abatement. If a set of photos is requested, the Contractor has 48 hours to email the photos to City staff. If the Contractor does not produce the photographs and/or the photographs are not per the standard outlined, the Contractor shall be liable for any costs incurred from the protest process. The following are examples of acceptable photographs, keep in mind these are samples only and do not show the required date/time stamp nor a reference point.
After
Before
After 9. Unscheduled / Extra WorkThe City representative may authorize the Contractor to perform additional unscheduled work, in accordance with the SoW, when the need for such work arises. All unscheduled work shall have the prior authorization of the City prior to commencement. The amount of time each unscheduled job may take is subject to negotiation with the City. The Contractor may not change the scheduled maintenance day or work force to do unscheduled/extra work unless authorized by the City representative. A. Estimate of Unscheduled /Extra Work Prior to commencement of any unscheduled/extra work, the Contractor shall provide a written estimate of labor and materials to the City representative if requested. No work shall commence without a written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, the parcel/lot will be inspected by the City representative, and the estimate initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate within a reasonable
amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the city Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the contractor. 10. Summary Abatement / Emergency Work There may be a need for emergency services during regular operating hours. The Contractor shall be prepared to respond and complete all weed abatement and debris removal within 24 hours of notification from the City point of contact. 11. Reporting RequirementsThe contractor shall provide the City with a method of field contact (i.e. mobile phone number or pager number) for use during normal business hours. 12. Payment and InvoicingParcels shall be inspected by the Community Development Department and shall only be certified for payment if the inspection establishes that the work is satisfactorily completed according to these specifications. Contractor payment will be based on the square footage actually mowed or disked, not on the total area of the lot/parcel. Square footage to be billed will equal the total parcel square footage based on county records minus the hardscape which will include the house and the garage. The contractor shall submit one invoice(s) completed on a bi-weekly basis to the Community Development Department. Invoices, including all back-up documentation, will be emailed to: [email protected] or mailed to: A/P Processing Center City of Sacramento 915 I Street, fl.4 Sacramento, CA 95814 Each invoice shall include the following information: i. Parcel Number or address of the property abated; ii. Date the abatement was performed; iii. Type of work performed, and any additional fees for trash/debris removal; iv. Written Estimate of Services, reference Paragraph 5, signed by the City representative. v. Purchase order number Failure to provide back-up documentation along with the invoice to the designated point-of-contact, reference Paragraph 13(a), will result in late payment to the Contractor or if not provided in a reasonable amount of time, not to exceed 30 days from the completion of the abatement, a non-payment as determined by the City may occur.
13. Failure to Perform Failure to perform in accordance with the SoW, or within the timeframes detailed will result in a “Cure Notice.” The City representative will provide the Contractor with a written “Cure Notice” notifying the Contractor that he has 24-hours to “cure” or rectify the situation. The City has the right to bring in another Contractor to complete work in accordance with the SoW, and charges associated with the procurement will be assigned to the Contractor. Receipt of two (2) “Cure Notices” within any 90 day period may result in the contract being terminated and any contract procurement costs may be charged to the contractor. 14. Damage Caused by the ContractorAny damage to either public or private property which was caused by the Contractor shall be repaired or replaced at the Contractor’s expense and to the City’s satisfaction. Damages may be the result of, but not limited to: Power equipment damage to trees, shrubs, turf, and sprinklers. Minor damage to trees such as bark loss from impact of mowing equipment shall be checked by the City Inspector. If in the Inspector’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at the Contractor’s expense to comply with the specific instructions of the inspector. Minor damage to shrubs may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the inspector. 15. Safety The contractor agrees to accept the sole responsibility for complying at all times with local, County, State, or other legal requirements including but not limited to full compliance with the terms of OSHA and Cal OSHA Safety Orders, and the Sacramento City Code to protect all persons, including employees from foreseeable injury, or damage to property. It is the Contractor’s responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as unsafe practices occurring thereon. The City representative shall be notified immediately of any unsafe condition that requires correction. Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the City representative within five (5) business days following the occurrence. It shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property. 16. Hours and Days of ServiceContractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The Contractor may work on Saturdays only with the City’s approval. Any modification in the hours and days of maintenance as previously stated must be approved in advance by the City’s representative. 17. Contractor’s Staff
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s staff shall be supervised by a qualified supervisor in the employ of the Contractor. The Contractor shall provide a competent supervisor during all times that work is being performed. The supervisor must have the authority to represent and act for the Contractor in any matter pertaining to this contract. Upon award of the contract, the Contractor is to provide a list of all such supervisors to the City technical point of contact, which is included in Paragraph 13 of Bid Instruction. Supervisors must be able to communicate verbally and in writing, in English with the City’s representative. The contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City’s representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while working on this contract, the employee shall be removed from all work under his contract. Contractor’s staff shall wear uniforms with the Contractor’s company name, proper shoes, or other gear as required by State of California, Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor’s shall be on employees’ uniforms. Contractor’s employees shall be clean in appearance at the start of each workday. 18. ADMINISTRATIVE MATTERS A. Transfer of Business - The Contractor will notify the Chief of Code and Housing immediately upon transfer of ownership of all or part of the company in writing. The Weed Abatement Services Contract is not transferable to the new owner. B. Period of Performance - The period of performance associated with the contract shall be: The date of award through April 30, 2025, with renewal options not to exceed five years in total.C. Option Period - It is the City of Sacramento’s sole discretion to exercise an option period. Option periods will be exercised upon successful completion of the contract in accordance with its Non-Professional Services Agreement, Scope of Work, and its contract clauses and provisions. D. Termination - This Weed Abatement Services Contract may be terminated at any time by either party with or without cause. Although the City may elect to impose discipline for violations of the Contract which are less severe than termination or may grant an appeal to discipline imposed, the Contract may be terminated without cause. The Contractor agrees that the disciplinary procedures and options contained herein do not affect the City's ability to terminate the Contract at the discretion of the Community Development Department without cause. Nothing in the Contract shall be construed to create any property rights, interests or licenses held by the Contractor. 19. INSURANCE REQUIREMENTS The failure to maintain adequate insurance coverage for any reason at any time shall result in immediate suspension from the Weed Abatement Services Contract until proof of insurance is received by the City.
Insurance Requirements - During the entire term of this Agreement, Contractor shall maintain the insurance coverage described in Section 12. Full compensation for all premiums that the Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Services provided by Contractor under this Agreement. No additional compensation will be provided for Contractor’s insurance premiums. It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Agreement. A. Minimum Scope & Limits of Insurance Coverage(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. A Garage Liability policy with limits of $1,000,000 may be substituted for the commercial general liability policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. (3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Contractor. B. Additional Insured Coverage(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of Contractor, and premises owned, leased or used by Contractor. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by
submitting that document with a signed declaration page referencing the blanket endorsement or policy form. (2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (1) Contractor’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms. D. Acceptability of Insurance Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by the City Risk Management Division in writing prior to execution of this Agreement. E. Verification of Coverage (1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City representative named in the Administrative Information Section,1(G). Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier. (2) The City may withdraw its offer of contract or cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to execution of this Agreement. The City may withhold payments to the Contractor and/or cancel the Agreement if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 02/12/2025 Purchase Order #: Supplemental Contract No.: 1 The City of Sacramento ("City") and __EMTs Dba Elite Maintenance and Tree Services_("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number _PRC002799_, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: The Scope of Services specified in Exhibit A of the Contract is amended as follows:CDD shall extend the time of performance by one additional year. The new contract expiration date is 05/10/2026.EMTs prices have increased. The new pricing schedule is attached.In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceedamount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, isincreasedby __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows:_$60,000___$60,000_ _ _$120,000__ __$60,000__ Agreement's original not-to-exceed amount:Net change by previous supplemental contracts: Not-to-exceed amount prior to this supplemental contract: Increase by this supplemental contract: New not-to exceed amount including all supplemental contracts: _$180,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above,shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fullycompensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection withsuch additional and/or revised services, including costs associated with any changes and/or delays in schedules or in thedelivery of other services by Contractor.4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf ofContractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to theterms hereof.5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, andContractor shall perform all of the services, duties, obligations, and conditions required under the Contract, assupplemented and modified by this supplemental contract.[SIGNATURES ON FOLLOWING PAGE] N Square footage to be billed will equal the total parcel square footage based on county records minus the hardscape which will include the house and the garage. Pricing will be based on the average of the lowest bids. The contractors on the rotation list will bill the same rates based on their average. Item Mowing Disking No. Size of Lot/Parcel Price for Lot/Parcel Price for Lot/Parcel 1. 1 through 2,500 sq. ft. $ 495.00 $ 660.00 2. 2,501 through 5,000 sq. ft. $ 770.00 $ 990.00 3. 5,001 through 10,000 sq. ft. $ 1650.00 $ 2090.00 4. 10,001 through 15,000 sq. ft. $ 3300.00 $ 3520.00 5. 15,001 through 20,000 sq. ft. $ 4730.00 $ 5610.00 6. 20,001 through 25,000 sq. ft. $ 6270.00 $ 6820.00 7. 25,001 through 30,000 sq. ft. $ 7810.00 $ 8800.00 8. 30,001 through 35,000 sq. ft. $ 9350.00 $ 10120.00 9. 35,001 up to 1 acre $ 10560.00 $ 11440.00 TOTAL ALL LOTS $ 44,935 $ 50,050 SPECIAL TRASH/DEBRIS REMOVAL COSTS Front End Loader $ 93.50Per Hour Debris Removal (other than plant debris) $ 132.00Per Cubic Yard Unscheduled / Extra Work Rates $ 60.50Per Hour
Elite Team Offices, Inc Named Insured Schedule - Elite Team Offices, Inc.- Elite Landscape Construction Inc.- EMTS, Inc.- EMTS, Inc. dba Greenscapes- EMTS, Inc. dba Paysage Landscape-- Elite Private Landscape, Inc.-- Stockbridge General Contracting, Inc.- Steven Seibert- Stock Five Holdings- Grassmasters- SE Phillip & Holland- Lokes, Inc.- 369 Equipment, Inc.- Lokes Heavy Equipment Rental, Inc.- Lokes Water Trucks, Inc.
Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 1 of 2 Policy No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are requiredby written contract to add as an additional insured on this coverage part, but only with respect to liability forbodily injury, property damage or personal and advertising injury caused in whole or in part by your acts oromissions, or the acts or omissions of those acting on your behalf:A.in the performance of your ongoing operations subject to such written contract; orB.in the performance of your work subject to such written contract, but only with respect to bodily injury orproperty damage included in the products-completed operations hazard, and only if:1.the written contract requires you to provide the additional insured such coverage; and2.this coverage part provides such coverage.II.But if the written contract requires:A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; orB.additional insured coverage with "arising out of" language; orC.additional insured coverage to the greatest extent permissible by law;then paragraph I. above is deleted in its entirety and replaced by the following:WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will notprovide such additional insured with:A.coverage broader than required by the written contract; orB.a higher limit of insurance than required by the written contract.IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, propertydamage, or personal and advertising injury arising out of:A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,including:1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and2.supervisory, inspection, architectural or engineering activities; orB.any premises or work for which the additional insured is specifically listed as an additional insured onanother endorsement attached to this coverage part.V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance isamended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere inthis coverage part:Primary and Noncontributory Insurance Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 2 of 2 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or2.primary and to not seek contribution from any other insurance available to the additional insured.But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIALGENERAL LIABILITY CONDITIONS is amended as follows:The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with theaddition of the following:Any additional insured pursuant to this endorsement will as soon as practicable:1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory, this paragraph3.does not apply to insurance on which the additional insured is a named insured.The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition:Written contract means a written contract or written agreement that requires you to make a person ororganization an additional insured on this coverage part, provided the contract or agreement:A.is currently in effect or becomes effective during the term of this policy; andB.was executed prior to:1.the bodily injury or property damage; or2.the offense that caused the personal and advertising injury;for which the additional insured seeks coverage.Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06(Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIAWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforceour right against the person or organization named in the Schedule. (This agreement applies only to the extent thatyou perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in thework described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premiumotherwise due on such remuneration. SCHEDULEPERSON OR ORGANIZATION JOB DESCRIPTION
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 06/11/2025 Purchase Order #: Supplemental Contract No.: 2 The City of Sacramento ("City") and __EMTs Dba Elite Maintenance and Tree Services_("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number _PRC002799_, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: The Scope of Services specified in Exhibit A of the Contract is amended as follows:No change in the scope of service. This supplement shall serve as a correction to PRC002799 Supplement 1 to reflectthe correct contract “Not-to-Exceed” amount of $120,000.In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceedamount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, isdecreased by __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows:_$60,000__ _$0,000_ _ $180,000__ _$60,000__ Agreement's original not-to-exceed amount: Net change by previous supplemental contracts: Not-to-exceed amount prior to this supplemental contract: ecrease by this supplemental contract: New not-to exceed amount including all supplemental contracts: _$120,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above,shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fullycompensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection withsuch additional and/or revised services, including costs associated with any changes and/or delays in schedules or in thedelivery of other services by Contractor.4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf ofContractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to theterms hereof.5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, andContractor shall perform all of the services, duties, obligations, and conditions required under the Contract, assupplemented and modified by this supplemental contract.[SIGNATURES ON FOLLOWING PAGE]
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002812CONTRACT NAME: Weed Abatement ServicesCONTRACT PROJECT #: DEPARTMENT: Community DevelopmentDIVISION: Neighborhood Code Compliance CITY OF SACRAMENTO NONPROFESSIONAL SERVICES AGREEMENT THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), andElite Expert Services 819 Striker Avenue, Suite 16, Sacramento, CA 95834 916-568-1400/[email protected] (“Contractor”), as of the Effective Date, as defined below. The City and Contractor agree as follows: 1. Effective Date. This Contract shall be effective beginning May 10, 2024. 2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”): Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work Exhibit B – Payment Exhibit C – Insurance Exhibit D – General Conditions Purchase Orders If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”). Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
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City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to City in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the Non-Discrimination in Employee BenefitsCode (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.The Living Wage Ordinance is applicable to certain contracts with the City in an amount of$250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
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Contractor shall require applicable subcontractors to fully comply with all applicablerequirements of Sacramento City Code chapter 3.58 and include these requirements in allsubcontracts covered by Sacramento City Code chapter 3.58. Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11.Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") are applicable to this Contract. A summary ofthe requirements, entitled "LBE Participation Requirements," can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.
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Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Monica Duncan/Administrative Analyst300 Richards Boulevard, 3rdFloor, Sacramento, CA 95811916-808-8025/[email protected] The CONTRACTOR Representative for this Agreement is:Ryan Petree, Vice President, COO819 Striker Avenue, Suite 16, Sacramento, CA 95834 916-568-1400/[email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for one year. The City may extend this Contract for up to [two] additional one-year terms, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 60,000.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal. 5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date aninvoice is received, whichever occurs later. B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number(3) Contractor’s Invoice Number(4) Date of Invoice Issuance(5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice(9) Itemized description of all authorized Reimbursable Expenses(10) Itemized description of all applicable taxes (sales, use, excise, etc.)(11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above. E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading. F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract. 6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice. 8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section. 9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]: ________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or ________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000. If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractorshall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. __ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 8. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein. 9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
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2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. Contractor Information. A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
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9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non-emergency / non-disaster conditions. The pricing set forth in this Contract will apply, withoutmark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption13. Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense. A. The Contractor agrees that the Goods and Services furnished under this Contractwill be covered by the industry standard or better warranty.B. Contractor further warrants that the Goods and Services furnished under thisContract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract. C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.16. Indemnity. A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B.,above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 17. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract.18. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractor complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
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19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code. 20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 21. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect. 25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above. 26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
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27. Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
SCOPE OF SERVICES: Provide Weed Abatement and Debris Removal Services from private property on an as-needed basis. CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, and incidentals necessary for the work to be performed. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this Agreement. Specific site requirements, time periods and schedules will be specified for each job required by the City. 1. Scope of Work (SoW)All work shall be done in accordance with applicable provisions of this bid. Work to be covered underthis contract includes but is not limited to furnishing all labor, materials, tools, equipment,transportation, and all incidentals involved in the abatement of weeds and minor debris removal fromidentified parcels/lots within the City of Sacramento boundaries.The contract shall be non-exclusive, and the City of Sacramento expressly reserves the right tocontract with others to remove weeds and/or refuse under special assessment proceedings orotherwise.Definitionsa.Weed Abatement: The removal of plants or grasses that pose a fire hazard or constitutea nuisance as defined in City of Sacramento Nuisance Code 8.04.100b.Debris: rubble, wreckage, litter, discarded garbage/refuse/trash, scattered remains ofsomething destroyed or disregarded.c.Residential Parcel: For the purposes of this contract, a residential parcel shall be aparcel with residential zoning, three or less residential units with garages and sheds on it and no other uses on the parcel. d.Commercial parcel: for the purposes of this contract, a commercial parcel shall be anyparcel that is not considered a residential parcel. e.Vacant lot: A lot void of a structure or recognized tenants.f.Brush Management: Managing brush, trees, shrubs and the like on or around a lot.2. Timely CompletionThe Contractor shall have five (5) consecutive eight (8) hour days (40 hours total) from the date of the notification to proceed and complete all work as agreed to by both parties in accordance with the SoW. In the event of an immediate fire hazard the contractor has 24 hours to complete all work. 3. Location of WorkThe properties upon which the abatement work shall be done, consists of residential and commercial parcels/lots with or without buildings of homes, outbuildings, and commercial buildings, upon which weeds, or refuse have become a nuisance. Contractors shall coordinate with the City of Sacramento, Community Development Department on location(s) and date(s) of requested abatements. Maps and locations will be furnished at the time of assignment.
4. Notification ProcedureProperty owners will have been notified through the Community Development Department’s administrative abatement process. Property owners would have been given the opportunity to comply but failed to abate their property within the requisite time. The contractor shall be prepared to start abatement action within 48 hours of notification by the Community Development Department. In the event of an immediate fire hazard the contractor has 24- hours from time of notification by the City to complete all work. If the city notifies a contractor prior to abatement to remove a parcel from the list provided, the parcel shall be deleted from the contract and no work shall be done on the parcel. No payment will be made for abatement work on any parcel unless the above conditions are met. The Contractor shall not proceed on lots upon which the following conditions are observed: (A) lot upon which construction has started, (B) A lot upon which an obvious attempt has been recently made to eradicate the weeds and/or remove rubbish and debris, (C) When entry is refused by Property Owner, (D) lot upon which illegal camping is occurring and campers are present. Upon observing any of the above circumstances, the Contractor shall immediately notify the City of Sacramento, Community Development Department in writing of its existence. Staff shall inspect said lot and/or lots and determine whether the areas shall be included or deleted from the contract. Any Contractor who violates these conditions will be removed from the contractor list and will be suspended from abatement work for the City of Sacramento. The City of Sacramento, Community Development Department will inspect all parcels and provide the contractor with a verbal/written list of property addresses/parcels in which the contractor is to abate. No work shall be done on any parcel unless this notice is given. The approval to start work on specified parcels is automatically cancelled if work is not completed within forty-eight (48) hours of the approved starting date. In the event of a fire hazard, Contractor has 24-hours to complete all work. 5. Estimate of Services – Prior to Commencement of Work Prior to commencement of any work, the Contractor shall provide a verbal/written estimate of labor and materials to the City representative. No work shall commence without a verbal/written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, it will be inspected by the City representative, initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate will result in a delay in payment to the Contractor. Failure to provide an estimate within a reasonable amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. 6. Equipment
Equipment unsuitable to produce the quality of work required will not be permitted to operate on the project. The Contractor shall provide adequate and suitable equipment to meet the requirements of this contract, and when ordered by the Community Development Department, remove unsuitable equipment from the work site. 7. Special ConditionsProperty adjacent to sidewalks, parkways, and fence lines must be cleaned, mowed or trimmed to acceptable standards. Weeds must be removed along fences and on park strips. 8. General Work Requirements The Contractor shall have at least one (1) year of actual experience in providing landscape maintenance services for commercial and/or governmental entities. The Contractor will be responsible for coordinating requirements with the City. The Contractor is responsible for a pre-work inspection and a post-work inspection to ensure completion of all work in accordance with contract specifications. The Contractor will be accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and SoW described herein. The Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc., for cracks, crevices, graffiti, and deterioration and shall report any deterioration or graffiti to the City representative immediately. The contractor shall perform a visual inspection of the property for break-ins. In the event of a break-in the Contractor is to call the Sacramento Police Department and inform them of the break-in. a. Performance Standards for Mowing If the property is residential or commercial in nature, weeds and/or dry grass, so mowed, shall be removed from the premises and not allowed to remain on the lot. Mowing height of weeds shall be any weeds/grass that exceeds 2 inches. Prior to mowing operations, all debris including stones, limbs, etc., shall be removed. a.1- Performance Standards for Eradication by Disking Heavy-duty tractors and heavy-duty tandem discs (5'-8') shall be used. Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each disking shall destroy and bury the growth of weeds existing at that time. Disking equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment not suitable as dictated by best practice or industry standards to accomplish the type of disking specified will not be allowed. Each disking shall leave the property clean, reasonably smooth and in an acceptable condition, as determined by the City. In some cases lots will require two (2) disking’s as determined by the City. Unless otherwise specified the second disking shall not occur before thirty (30) days have elapsed from the date of the first disking. Parcels over fifteen (15) acres in size shall have a firebreak disked of at least one hundred fifty
(150) feet in width around the entire perimeter of the property, instead of disking the entire parcel, unless otherwise specified by the City of Sacramento Community Development Department. Prior to disking operations, all debris including stones, limbs, etc., shall be removed. b. Performance Standards for Debris/Refuse Removal The Contractor shall remove from each lot designated to be mowed, all debris/refuse that will prevent mowing as herein specified. Large amounts of debris/refuse and/or unknown materials found on a lot shall be immediately brought to the attention of the City of Sacramento, Community Development Department prior to removal. After each mowing, the Contractor shall remove debris/refuse from these lots so as to leave the property reasonably clear of such debris/refuse. b.1-Performance Standards for Debris/Refuse Removal for parcels of 15 Acres or more In addition, parcels over fifteen (15) acres in size will have the debris/refuse removed from the firebreak area only, unless otherwise specified. Sidewalks and parkways are considered part of the lot and shall be cleaned to acceptable standards (free of weeds, debris, refuse, rocks, dirt, etc.) so as to cause no obstruction to pedestrian traffic. c. Leaf Blower Requirements – Within 200 Feet of any Residential Property The use of portable gasoline-powered blowers, within 200 feet of any residential property, is restricted to the hours from 9:00 a.m. to 4:00 p.m., Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. Blowers cannot exceed 70dBA when used within 200 feet of any residential property and may require mufflers or other modifications to meet the 70 dBA limit. Blowers purchased after November 15, 1995, cannot exceed 65dB’s when used within 200 feet of any residential property. 8.70.020 Use of portable blowers. No person shall operate a portable blower when the air quality index is 101 and above. (Ord. 2020-0042 § 1) d. Dump Fees and hauling Debris and Green Waste The Contractor shall remove all debris that obstructs a parcel/lot from being disced/mowed prior to abatement. All clippings, trimmings, bushes, and all green waste as a result of the abatement shall also be removed. Upon completion of abatement the Contractor shall haul off all debris and waste. If there is enough debris that requires a trip to the dump the Contractor shall ensure the dump fee and related charges are charged to the parcel/lot where the debris originally resided. All junk and debris that is hauled off may be charged according to the pricing schedule. All green waste and brush should be factored in the price per lot/parcel.
Should a property owner contest the charges for abatement and/or associated dump fees, the City has the right to call the Contractor to appear at the hearing. Should the Hearing Examiner find that the charges were not invoiced according to the parcel/lot in question the amount that the Hearing Examiner waives will be subtracted from the Contractors payment. f. Trimming Low Hanging Tree Limbs and/or Saplings As directed by the City, certain parcels/lots may need to have tree limbs which hang low and/or saplings trimmed back or removed from the parcel/lot. For saplings, removal is considered as either complete removal or ensuring they are level to the ground. Low hanging limbs are to be removed up to a height of 6 feet from ground level. This will be charged as debris removal and hand labor rate per the pricing schedule. g. Locked Gates Any parcel/lot on the manifest provided by the City that is fenced and locked shall not be abated but the Contractor shall contact City staff immediately. Locked gates include any gate that is locked, despite gaping holes or breeches.
Digital photos of Job sites Digital pictures are required of each parcel/lot where services are rendered. Pictures are required to ensure that the condition of the property prior to abetment, work progress and the completed abatement are captured. Each photograph must be date/time stamped. Photos shall be saved/indexed by parcel number and the date of abatement by the Contractor. •Pre-Abatement Photos: photographs taken, in sufficient numbers and detail from fixed vantage points prior to commencement of the work, to show the original site conditions . •Progress Photographs: photographs taken throughout the duration of abatement at regular intervals and from fixed vantage points that document the progress of work. •Finished Photographs: photographs taken in sufficient numbers and detail from fixed vantage points upon completion of the work to show the abated condition of the property. Any approved City vantage point or reference point is an orange safety cone that has a mark which indicates 12” (as seen here) The Contractor is required to maintain a database of pictures for all jobs completes for this project keeping them on file in their office or a in a secured, weather and temperature proof, off-site storage, for a period of two years from the date of abatement. These pictures will be utilized in the event that a property owner protests abatement charges. If a protest is received, City staff will contact the contractor and specify that they need pictures by
providing the parcel number and date of abatement. If a set of photos is requested, the Contractor has 48 hours to email the photos to City staff. If the Contractor does not produce the photographs and/or the photographs are not per the standard outlined, the Contractor shall be liable for any costs incurred from the protest process. The following are examples of acceptable photographs, keep in mind these are samples only and do not show the required date/time stamp nor a reference point.
After
Before
After 9. Unscheduled / Extra WorkThe City representative may authorize the Contractor to perform additional unscheduled work, in accordance with the SoW, when the need for such work arises. All unscheduled work shall have the prior authorization of the City prior to commencement. The amount of time each unscheduled job may take is subject to negotiation with the City. The Contractor may not change the scheduled maintenance day or work force to do unscheduled/extra work unless authorized by the City representative. A. Estimate of Unscheduled /Extra Work Prior to commencement of any unscheduled/extra work, the Contractor shall provide a written estimate of labor and materials to the City representative if requested. No work shall commence without a written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, the parcel/lot will be inspected by the City representative, and the estimate initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate within a reasonable
amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the city Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the contractor. 10. Summary Abatement / Emergency Work There may be a need for emergency services during regular operating hours. The Contractor shall be prepared to respond and complete all weed abatement and debris removal within 24 hours of notification from the City point of contact. 11. Reporting RequirementsThe contractor shall provide the City with a method of field contact (i.e. mobile phone number or pager number) for use during normal business hours. 12. Payment and InvoicingParcels shall be inspected by the Community Development Department and shall only be certified for payment if the inspection establishes that the work is satisfactorily completed according to these specifications. Contractor payment will be based on the square footage actually mowed or disked, not on the total area of the lot/parcel. Square footage to be billed will equal the total parcel square footage based on county records minus the hardscape which will include the house and the garage. The contractor shall submit one invoice(s) completed on a bi-weekly basis to the Community Development Department. Invoices, including all back-up documentation, will be emailed to: [email protected] or mailed to: A/P Processing Center City of Sacramento 915 I Street, fl.4 Sacramento, CA 95814 Each invoice shall include the following information: i. Parcel Number or address of the property abated; ii. Date the abatement was performed; iii. Type of work performed, and any additional fees for trash/debris removal; iv. Written Estimate of Services, reference Paragraph 5, signed by the City representative. v. Purchase order number Failure to provide back-up documentation along with the invoice to the designated point-of-contact, reference Paragraph 13(a), will result in late payment to the Contractor or if not provided in a reasonable amount of time, not to exceed 30 days from the completion of the abatement, a non-payment as determined by the City may occur.
13. Failure to Perform Failure to perform in accordance with the SoW, or within the timeframes detailed will result in a “Cure Notice.” The City representative will provide the Contractor with a written “Cure Notice” notifying the Contractor that he has 24-hours to “cure” or rectify the situation. The City has the right to bring in another Contractor to complete work in accordance with the SoW, and charges associated with the procurement will be assigned to the Contractor. Receipt of two (2) “Cure Notices” within any 90 day period may result in the contract being terminated and any contract procurement costs may be charged to the contractor. 14. Damage Caused by the ContractorAny damage to either public or private property which was caused by the Contractor shall be repaired or replaced at the Contractor’s expense and to the City’s satisfaction. Damages may be the result of, but not limited to: Power equipment damage to trees, shrubs, turf, and sprinklers. Minor damage to trees such as bark loss from impact of mowing equipment shall be checked by the City Inspector. If in the Inspector’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at the Contractor’s expense to comply with the specific instructions of the inspector. Minor damage to shrubs may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the inspector. 15. Safety The contractor agrees to accept the sole responsibility for complying at all times with local, County, State, or other legal requirements including but not limited to full compliance with the terms of OSHA and Cal OSHA Safety Orders, and the Sacramento City Code to protect all persons, including employees from foreseeable injury, or damage to property. It is the Contractor’s responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as unsafe practices occurring thereon. The City representative shall be notified immediately of any unsafe condition that requires correction. Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the City representative within five (5) business days following the occurrence. It shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property. 16. Hours and Days of ServiceContractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The Contractor may work on Saturdays only with the City’s approval. Any modification in the hours and days of maintenance as previously stated must be approved in advance by the City’s representative. 17. Contractor’s Staff
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s staff shall be supervised by a qualified supervisor in the employ of the Contractor. The Contractor shall provide a competent supervisor during all times that work is being performed. The supervisor must have the authority to represent and act for the Contractor in any matter pertaining to this contract. Upon award of the contract, the Contractor is to provide a list of all such supervisors to the City technical point of contact, which is included in Paragraph 13 of Bid Instruction. Supervisors must be able to communicate verbally and in writing, in English with the City’s representative. The contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City’s representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while working on this contract, the employee shall be removed from all work under his contract. Contractor’s staff shall wear uniforms with the Contractor’s company name, proper shoes, or other gear as required by State of California, Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor’s shall be on employees’ uniforms. Contractor’s employees shall be clean in appearance at the start of each workday. 18. ADMINISTRATIVE MATTERS A. Transfer of Business - The Contractor will notify the Chief of Code and Housing immediately upon transfer of ownership of all or part of the company in writing. The Weed Abatement Services Contract is not transferable to the new owner. B. Period of Performance - The period of performance associated with the contract shall be: The date of award through April 30, 2025, with renewal options not to exceed five years in total.C. Option Period - It is the City of Sacramento’s sole discretion to exercise an option period. Option periods will be exercised upon successful completion of the contract in accordance with its Non-Professional Services Agreement, Scope of Work, and its contract clauses and provisions. D. Termination - This Weed Abatement Services Contract may be terminated at any time by either party with or without cause. Although the City may elect to impose discipline for violations of the Contract which are less severe than termination or may grant an appeal to discipline imposed, the Contract may be terminated without cause. The Contractor agrees that the disciplinary procedures and options contained herein do not affect the City's ability to terminate the Contract at the discretion of the Community Development Department without cause. Nothing in the Contract shall be construed to create any property rights, interests or licenses held by the Contractor. 19. INSURANCE REQUIREMENTS The failure to maintain adequate insurance coverage for any reason at any time shall result in immediate suspension from the Weed Abatement Services Contract until proof of insurance is received by the City.
Insurance Requirements - During the entire term of this Agreement, Contractor shall maintain the insurance coverage described in Section 12. Full compensation for all premiums that the Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Services provided by Contractor under this Agreement. No additional compensation will be provided for Contractor’s insurance premiums. It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Agreement. A. Minimum Scope & Limits of Insurance Coverage(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. A Garage Liability policy with limits of $1,000,000 may be substituted for the commercial general liability policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. (3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Contractor. B. Additional Insured Coverage(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of Contractor, and premises owned, leased or used by Contractor. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by
submitting that document with a signed declaration page referencing the blanket endorsement or policy form. (2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (1) Contractor’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms. D. Acceptability of Insurance Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by the City Risk Management Division in writing prior to execution of this Agreement. E. Verification of Coverage (1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City representative named in the Administrative Information Section,1(G). Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier. (2) The City may withdraw its offer of contract or cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to execution of this Agreement. The City may withhold payments to the Contractor and/or cancel the Agreement if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
Request for Qualifications (RFQ) Weed Abatement Services Applicant name_____________________________
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 7/16/2024 Purchase Order #: Supplemental Contract No.: 1 The City of Sacramento ("City") and __Elite Expert Services_("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number _PRC002812_, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: 1. The Scope of Services specified in Exhibit A of the Contract is amended as follows: Community Development Department shall increase the “Not to Exceed” amount by $60,000. No change in the scope of services. 2. In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows: Agreement's original not-to-exceed amount: _$60,000__Net change by previous supplemental contracts: ____0_ ___ Not-to-exceed amount prior to this supplemental contract: __$60,000__ Increase/decrease by this supplemental contract: __$60,000__ New not-to exceed amount including all supplemental contracts: __$120,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in schedules or in the delivery of other services by Contractor. 4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof. 5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract. [SIGNATURES ON FOLLOWING PAGE] Request for Qualifications (RFQ) Weed Abatement Services Applicant name_____________________________
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 02/04/2025 Purchase Order #: Supplemental Contract No.: 2 The City of Sacramento ("City") and __Elite Expert Services_("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number _PRC002812_, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: The Scope of Services specified in Exhibit A of the Contract is amended as follows:CDD shall extend the time of performance by one additional year. The new contract expiration date is 05/10/2026.In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceedamount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, isincreased by __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows:_$60,000___$60,000_ _ _$120,000__ __$60,000__ Agreement's original not-to-exceed amount:Net change by previous supplemental contracts: Not-to-exceed amount prior to this supplemental contract: Increase by this supplemental contract: New not-to exceed amount including all supplemental contracts: _$180,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above,shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fullycompensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection withsuch additional and/or revised services, including costs associated with any changes and/or delays in schedules or in thedelivery of other services by Contractor.4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf ofContractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to theterms hereof.5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, andContractor shall perform all of the services, duties, obligations, and conditions required under the Contract, assupplemented and modified by this supplemental contract.[SIGNATURES ON FOLLOWING PAGE]
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002813CONTRACT NAME: Weed Abatement ServicesCONTRACT PROJECT #: DEPARTMENT: Community DevelopmentDIVISION: Neighborhood Code Compliance CITY OF SACRAMENTO NONPROFESSIONAL SERVICES AGREEMENT THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), andT&R Restore 446 Market Street, Colusa, CA 95932 530-682-9299/ [email protected](“Contractor”), as of the Effective Date, as defined below.The City and Contractor agree as follows: 1.Effective Date. This Contract shall be effective beginning May 10, 2024. 2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”): Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work Exhibit B – Payment Exhibit C – Insurance Exhibit D – General Conditions Purchase Orders If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”). Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to City in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the Non-Discrimination in Employee BenefitsCode (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.The Living Wage Ordinance is applicable to certain contracts with the City in an amount of$250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicablerequirements of Sacramento City Code chapter 3.58 and include these requirements in allsubcontracts covered by Sacramento City Code chapter 3.58. Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11.Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") are applicable to this Contract. A summary ofthe requirements, entitled "LBE Participation Requirements," can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Monica Duncan/Administrative Analyst300 Richards Boulevard, 3rdFloor, Sacramento, CA 95811916-808-8025/[email protected] The CONTRACTOR Representative for this Agreement is:Ruben Reynoso, CEO446 Market Street, Colusa, CA 95932 530-682-9299/ [email protected] otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for one year. The City may extend this Contract for up to [two] additional one-year terms, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 60,000.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal. 5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date aninvoice is received, whichever occurs later. B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number(3) Contractor’s Invoice Number(4) Date of Invoice Issuance(5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice(9) Itemized description of all authorized Reimbursable Expenses(10) Itemized description of all applicable taxes (sales, use, excise, etc.)(11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above. E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading. F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract. 6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice. 8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section. 9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]: ________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or ________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000. If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractorshall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. __ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 8. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein. 9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
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2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. Contractor Information. A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
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9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non-emergency / non-disaster conditions. The pricing set forth in this Contract will apply, withoutmark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption13. Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense. A. The Contractor agrees that the Goods and Services furnished under this Contractwill be covered by the industry standard or better warranty.B. Contractor further warrants that the Goods and Services furnished under thisContract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract. C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.16. Indemnity. A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B.,above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 17. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract.18. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractor complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
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19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code. 20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 21. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect. 25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above. 26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9
27. Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
SCOPE OF SERVICES: Provide Weed Abatement and Debris Removal Services from private property on an as-needed basis. CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, and incidentals necessary for the work to be performed. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this Agreement. Specific site requirements, time periods and schedules will be specified for each job required by the City. 1. Scope of Work (SoW)All work shall be done in accordance with applicable provisions of this bid. Work to be covered underthis contract includes but is not limited to furnishing all labor, materials, tools, equipment,transportation, and all incidentals involved in the abatement of weeds and minor debris removal fromidentified parcels/lots within the City of Sacramento boundaries.The contract shall be non-exclusive, and the City of Sacramento expressly reserves the right tocontract with others to remove weeds and/or refuse under special assessment proceedings orotherwise.Definitionsa.Weed Abatement: The removal of plants or grasses that pose a fire hazard or constitutea nuisance as defined in City of Sacramento Nuisance Code 8.04.100b.Debris: rubble, wreckage, litter, discarded garbage/refuse/trash, scattered remains ofsomething destroyed or disregarded.c.Residential Parcel: For the purposes of this contract, a residential parcel shall be aparcel with residential zoning, three or less residential units with garages and sheds on it and no other uses on the parcel. d.Commercial parcel: for the purposes of this contract, a commercial parcel shall be anyparcel that is not considered a residential parcel. e.Vacant lot: A lot void of a structure or recognized tenants.f.Brush Management: Managing brush, trees, shrubs and the like on or around a lot.2. Timely CompletionThe Contractor shall have five (5) consecutive eight (8) hour days (40 hours total) from the date of the notification to proceed and complete all work as agreed to by both parties in accordance with the SoW. In the event of an immediate fire hazard the contractor has 24 hours to complete all work. 3. Location of WorkThe properties upon which the abatement work shall be done, consists of residential and commercial parcels/lots with or without buildings of homes, outbuildings, and commercial buildings, upon which weeds, or refuse have become a nuisance. Contractors shall coordinate with the City of Sacramento, Community Development Department on location(s) and date(s) of requested abatements. Maps and locations will be furnished at the time of assignment.
4. Notification ProcedureProperty owners will have been notified through the Community Development Department’s administrative abatement process. Property owners would have been given the opportunity to comply but failed to abate their property within the requisite time. The contractor shall be prepared to start abatement action within 48 hours of notification by the Community Development Department. In the event of an immediate fire hazard the contractor has 24- hours from time of notification by the City to complete all work. If the city notifies a contractor prior to abatement to remove a parcel from the list provided, the parcel shall be deleted from the contract and no work shall be done on the parcel. No payment will be made for abatement work on any parcel unless the above conditions are met. The Contractor shall not proceed on lots upon which the following conditions are observed: (A) lot upon which construction has started, (B) A lot upon which an obvious attempt has been recently made to eradicate the weeds and/or remove rubbish and debris, (C) When entry is refused by Property Owner, (D) lot upon which illegal camping is occurring and campers are present. Upon observing any of the above circumstances, the Contractor shall immediately notify the City of Sacramento, Community Development Department in writing of its existence. Staff shall inspect said lot and/or lots and determine whether the areas shall be included or deleted from the contract. Any Contractor who violates these conditions will be removed from the contractor list and will be suspended from abatement work for the City of Sacramento. The City of Sacramento, Community Development Department will inspect all parcels and provide the contractor with a verbal/written list of property addresses/parcels in which the contractor is to abate. No work shall be done on any parcel unless this notice is given. The approval to start work on specified parcels is automatically cancelled if work is not completed within forty-eight (48) hours of the approved starting date. In the event of a fire hazard, Contractor has 24-hours to complete all work. 5. Estimate of Services – Prior to Commencement of Work Prior to commencement of any work, the Contractor shall provide a verbal/written estimate of labor and materials to the City representative. No work shall commence without a verbal/written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, it will be inspected by the City representative, initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate will result in a delay in payment to the Contractor. Failure to provide an estimate within a reasonable amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. 6. Equipment
Equipment unsuitable to produce the quality of work required will not be permitted to operate on the project. The Contractor shall provide adequate and suitable equipment to meet the requirements of this contract, and when ordered by the Community Development Department, remove unsuitable equipment from the work site. 7. Special ConditionsProperty adjacent to sidewalks, parkways, and fence lines must be cleaned, mowed or trimmed to acceptable standards. Weeds must be removed along fences and on park strips. 8. General Work Requirements The Contractor shall have at least one (1) year of actual experience in providing landscape maintenance services for commercial and/or governmental entities. The Contractor will be responsible for coordinating requirements with the City. The Contractor is responsible for a pre-work inspection and a post-work inspection to ensure completion of all work in accordance with contract specifications. The Contractor will be accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and SoW described herein. The Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc., for cracks, crevices, graffiti, and deterioration and shall report any deterioration or graffiti to the City representative immediately. The contractor shall perform a visual inspection of the property for break-ins. In the event of a break-in the Contractor is to call the Sacramento Police Department and inform them of the break-in. a. Performance Standards for Mowing If the property is residential or commercial in nature, weeds and/or dry grass, so mowed, shall be removed from the premises and not allowed to remain on the lot. Mowing height of weeds shall be any weeds/grass that exceeds 2 inches. Prior to mowing operations, all debris including stones, limbs, etc., shall be removed. a.1- Performance Standards for Eradication by Disking Heavy-duty tractors and heavy-duty tandem discs (5'-8') shall be used. Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each disking shall destroy and bury the growth of weeds existing at that time. Disking equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment not suitable as dictated by best practice or industry standards to accomplish the type of disking specified will not be allowed. Each disking shall leave the property clean, reasonably smooth and in an acceptable condition, as determined by the City. In some cases lots will require two (2) disking’s as determined by the City. Unless otherwise specified the second disking shall not occur before thirty (30) days have elapsed from the date of the first disking. Parcels over fifteen (15) acres in size shall have a firebreak disked of at least one hundred fifty
(150) feet in width around the entire perimeter of the property, instead of disking the entire parcel, unless otherwise specified by the City of Sacramento Community Development Department. Prior to disking operations, all debris including stones, limbs, etc., shall be removed. b. Performance Standards for Debris/Refuse Removal The Contractor shall remove from each lot designated to be mowed, all debris/refuse that will prevent mowing as herein specified. Large amounts of debris/refuse and/or unknown materials found on a lot shall be immediately brought to the attention of the City of Sacramento, Community Development Department prior to removal. After each mowing, the Contractor shall remove debris/refuse from these lots so as to leave the property reasonably clear of such debris/refuse. b.1-Performance Standards for Debris/Refuse Removal for parcels of 15 Acres or more In addition, parcels over fifteen (15) acres in size will have the debris/refuse removed from the firebreak area only, unless otherwise specified. Sidewalks and parkways are considered part of the lot and shall be cleaned to acceptable standards (free of weeds, debris, refuse, rocks, dirt, etc.) so as to cause no obstruction to pedestrian traffic. c. Leaf Blower Requirements – Within 200 Feet of any Residential Property The use of portable gasoline-powered blowers, within 200 feet of any residential property, is restricted to the hours from 9:00 a.m. to 4:00 p.m., Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. Blowers cannot exceed 70dBA when used within 200 feet of any residential property and may require mufflers or other modifications to meet the 70 dBA limit. Blowers purchased after November 15, 1995, cannot exceed 65dB’s when used within 200 feet of any residential property. 8.70.020 Use of portable blowers. No person shall operate a portable blower when the air quality index is 101 and above. (Ord. 2020-0042 § 1) d. Dump Fees and hauling Debris and Green Waste The Contractor shall remove all debris that obstructs a parcel/lot from being disced/mowed prior to abatement. All clippings, trimmings, bushes, and all green waste as a result of the abatement shall also be removed. Upon completion of abatement the Contractor shall haul off all debris and waste. If there is enough debris that requires a trip to the dump the Contractor shall ensure the dump fee and related charges are charged to the parcel/lot where the debris originally resided. All junk and debris that is hauled off may be charged according to the pricing schedule. All green waste and brush should be factored in the price per lot/parcel.
Should a property owner contest the charges for abatement and/or associated dump fees, the City has the right to call the Contractor to appear at the hearing. Should the Hearing Examiner find that the charges were not invoiced according to the parcel/lot in question the amount that the Hearing Examiner waives will be subtracted from the Contractors payment. f. Trimming Low Hanging Tree Limbs and/or Saplings As directed by the City, certain parcels/lots may need to have tree limbs which hang low and/or saplings trimmed back or removed from the parcel/lot. For saplings, removal is considered as either complete removal or ensuring they are level to the ground. Low hanging limbs are to be removed up to a height of 6 feet from ground level. This will be charged as debris removal and hand labor rate per the pricing schedule. g. Locked Gates Any parcel/lot on the manifest provided by the City that is fenced and locked shall not be abated but the Contractor shall contact City staff immediately. Locked gates include any gate that is locked, despite gaping holes or breeches.
Digital photos of Job sites Digital pictures are required of each parcel/lot where services are rendered. Pictures are required to ensure that the condition of the property prior to abetment, work progress and the completed abatement are captured. Each photograph must be date/time stamped. Photos shall be saved/indexed by parcel number and the date of abatement by the Contractor. •Pre-Abatement Photos: photographs taken, in sufficient numbers and detail from fixed vantage points prior to commencement of the work, to show the original site conditions . •Progress Photographs: photographs taken throughout the duration of abatement at regular intervals and from fixed vantage points that document the progress of work. •Finished Photographs: photographs taken in sufficient numbers and detail from fixed vantage points upon completion of the work to show the abated condition of the property. Any approved City vantage point or reference point is an orange safety cone that has a mark which indicates 12” (as seen here) The Contractor is required to maintain a database of pictures for all jobs completes for this project keeping them on file in their office or a in a secured, weather and temperature proof, off-site storage, for a period of two years from the date of abatement. These pictures will be utilized in the event that a property owner protests abatement charges. If a protest is received, City staff will contact the contractor and specify that they need pictures by
providing the parcel number and date of abatement. If a set of photos is requested, the Contractor has 48 hours to email the photos to City staff. If the Contractor does not produce the photographs and/or the photographs are not per the standard outlined, the Contractor shall be liable for any costs incurred from the protest process. The following are examples of acceptable photographs, keep in mind these are samples only and do not show the required date/time stamp nor a reference point.
After
Before
After 9. Unscheduled / Extra WorkThe City representative may authorize the Contractor to perform additional unscheduled work, in accordance with the SoW, when the need for such work arises. All unscheduled work shall have the prior authorization of the City prior to commencement. The amount of time each unscheduled job may take is subject to negotiation with the City. The Contractor may not change the scheduled maintenance day or work force to do unscheduled/extra work unless authorized by the City representative. A. Estimate of Unscheduled /Extra Work Prior to commencement of any unscheduled/extra work, the Contractor shall provide a written estimate of labor and materials to the City representative if requested. No work shall commence without a written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, the parcel/lot will be inspected by the City representative, and the estimate initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate within a reasonable
amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the city Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the contractor. 10. Summary Abatement / Emergency Work There may be a need for emergency services during regular operating hours. The Contractor shall be prepared to respond and complete all weed abatement and debris removal within 24 hours of notification from the City point of contact. 11. Reporting RequirementsThe contractor shall provide the City with a method of field contact (i.e. mobile phone number or pager number) for use during normal business hours. 12. Payment and InvoicingParcels shall be inspected by the Community Development Department and shall only be certified for payment if the inspection establishes that the work is satisfactorily completed according to these specifications. Contractor payment will be based on the square footage actually mowed or disked, not on the total area of the lot/parcel. Square footage to be billed will equal the total parcel square footage based on county records minus the hardscape which will include the house and the garage. The contractor shall submit one invoice(s) completed on a bi-weekly basis to the Community Development Department. Invoices, including all back-up documentation, will be emailed to: [email protected] or mailed to: A/P Processing Center City of Sacramento 915 I Street, fl.4 Sacramento, CA 95814 Each invoice shall include the following information: i. Parcel Number or address of the property abated; ii. Date the abatement was performed; iii. Type of work performed, and any additional fees for trash/debris removal; iv. Written Estimate of Services, reference Paragraph 5, signed by the City representative. v. Purchase order number Failure to provide back-up documentation along with the invoice to the designated point-of-contact, reference Paragraph 13(a), will result in late payment to the Contractor or if not provided in a reasonable amount of time, not to exceed 30 days from the completion of the abatement, a non-payment as determined by the City may occur.
13. Failure to Perform Failure to perform in accordance with the SoW, or within the timeframes detailed will result in a “Cure Notice.” The City representative will provide the Contractor with a written “Cure Notice” notifying the Contractor that he has 24-hours to “cure” or rectify the situation. The City has the right to bring in another Contractor to complete work in accordance with the SoW, and charges associated with the procurement will be assigned to the Contractor. Receipt of two (2) “Cure Notices” within any 90 day period may result in the contract being terminated and any contract procurement costs may be charged to the contractor. 14. Damage Caused by the ContractorAny damage to either public or private property which was caused by the Contractor shall be repaired or replaced at the Contractor’s expense and to the City’s satisfaction. Damages may be the result of, but not limited to: Power equipment damage to trees, shrubs, turf, and sprinklers. Minor damage to trees such as bark loss from impact of mowing equipment shall be checked by the City Inspector. If in the Inspector’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at the Contractor’s expense to comply with the specific instructions of the inspector. Minor damage to shrubs may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the inspector. 15. Safety The contractor agrees to accept the sole responsibility for complying at all times with local, County, State, or other legal requirements including but not limited to full compliance with the terms of OSHA and Cal OSHA Safety Orders, and the Sacramento City Code to protect all persons, including employees from foreseeable injury, or damage to property. It is the Contractor’s responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as unsafe practices occurring thereon. The City representative shall be notified immediately of any unsafe condition that requires correction. Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the City representative within five (5) business days following the occurrence. It shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property. 16. Hours and Days of ServiceContractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The Contractor may work on Saturdays only with the City’s approval. Any modification in the hours and days of maintenance as previously stated must be approved in advance by the City’s representative. 17. Contractor’s Staff
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s staff shall be supervised by a qualified supervisor in the employ of the Contractor. The Contractor shall provide a competent supervisor during all times that work is being performed. The supervisor must have the authority to represent and act for the Contractor in any matter pertaining to this contract. Upon award of the contract, the Contractor is to provide a list of all such supervisors to the City technical point of contact, which is included in Paragraph 13 of Bid Instruction. Supervisors must be able to communicate verbally and in writing, in English with the City’s representative. The contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City’s representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while working on this contract, the employee shall be removed from all work under his contract. Contractor’s staff shall wear uniforms with the Contractor’s company name, proper shoes, or other gear as required by State of California, Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor’s shall be on employees’ uniforms. Contractor’s employees shall be clean in appearance at the start of each workday. 18. ADMINISTRATIVE MATTERS A. Transfer of Business - The Contractor will notify the Chief of Code and Housing immediately upon transfer of ownership of all or part of the company in writing. The Weed Abatement Services Contract is not transferable to the new owner. B. Period of Performance - The period of performance associated with the contract shall be: The date of award through April 30, 2025, with renewal options not to exceed five years in total.C. Option Period - It is the City of Sacramento’s sole discretion to exercise an option period. Option periods will be exercised upon successful completion of the contract in accordance with its Non-Professional Services Agreement, Scope of Work, and its contract clauses and provisions. D. Termination - This Weed Abatement Services Contract may be terminated at any time by either party with or without cause. Although the City may elect to impose discipline for violations of the Contract which are less severe than termination or may grant an appeal to discipline imposed, the Contract may be terminated without cause. The Contractor agrees that the disciplinary procedures and options contained herein do not affect the City's ability to terminate the Contract at the discretion of the Community Development Department without cause. Nothing in the Contract shall be construed to create any property rights, interests or licenses held by the Contractor. 19. INSURANCE REQUIREMENTS The failure to maintain adequate insurance coverage for any reason at any time shall result in immediate suspension from the Weed Abatement Services Contract until proof of insurance is received by the City.
Insurance Requirements - During the entire term of this Agreement, Contractor shall maintain the insurance coverage described in Section 12. Full compensation for all premiums that the Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Services provided by Contractor under this Agreement. No additional compensation will be provided for Contractor’s insurance premiums. It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Agreement. A. Minimum Scope & Limits of Insurance Coverage(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. A Garage Liability policy with limits of $1,000,000 may be substituted for the commercial general liability policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. (3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Contractor. B. Additional Insured Coverage(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of Contractor, and premises owned, leased or used by Contractor. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by
submitting that document with a signed declaration page referencing the blanket endorsement or policy form. (2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (1) Contractor’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms. D. Acceptability of Insurance Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by the City Risk Management Division in writing prior to execution of this Agreement. E. Verification of Coverage (1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City representative named in the Administrative Information Section,1(G). Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier. (2) The City may withdraw its offer of contract or cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to execution of this Agreement. The City may withhold payments to the Contractor and/or cancel the Agreement if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
Request for Qualifications (RFQ) Weed Abatement Services Applicant name_____________________________
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 7/16/2024 Purchase Order #: Supplemental Contract No.: 1 The City of Sacramento ("City") and _T&R Restore__("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number __PRC002813____________, including any and all prior supplemental contractsmodifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: The Scope of Services specified in Exhibit A of the Contract is amended as follows:Community Development Department shall increase the Not to Exceedamount by $60,000. There are nochanges to the scope of services.In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceedamount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, isincreased/decreased by __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows:Agreement's original not-to-exceed amount: _$60,000__Net change by previous supplemental contracts: ___0______ Not-to-exceed amount prior to this supplemental contract: __$60,000_ Increase/decrease by this supplemental contract: _$60,000__ New not-to exceed amount including all supplemental contracts: __$120,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above,shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fullycompensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection withsuch additional and/or revised services, including costs associated with any changes and/or delays in schedules or in thedelivery of other services by Contractor.4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf ofContractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to theterms hereof.5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, andContractor shall perform all of the services, duties, obligations, and conditions required under the Contract, assupplemented and modified by this supplemental contract.[SIGNATURES ON FOLLOWING PAGE] Request for Qualifications (RFQ) Weed Abatement Services Applicant name_____________________________
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Weed Abatement Services Date: 03/12/2025 Purchase Order #: Supplemental Contract No.: 2 The City of Sacramento ("City") and _T&R Restore__("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number __PRC002813____, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows: The Scope of Services specified in Exhibit A of the Contract is amended as follows:CDD shall extend the time of performance by one year. The new contract expiration date is 5/10/2026.In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceedamount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, isincreasedby __$60,000___, and the Contract’s maximum not-to-exceed amount is amended as follows:_$60,000__ __$60,000____$120,000_ _$60,000__ Agreement's original not-to-exceed amount: Net change by previous supplemental contracts: Not-to-exceed amount prior to this supplemental contract: Increase by this supplemental contract: New not-to exceed amount including all supplemental contracts: __$180,000__ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above,shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fullycompensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection withsuch additional and/or revised services, including costs associated with any changes and/or delays in schedules or in thedelivery of other services by Contractor.4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf ofContractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to theterms hereof.5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, andContractor shall perform all of the services, duties, obligations, and conditions required under the Contract, assupplemented and modified by this supplemental contract.[SIGNATURES ON FOLLOWING PAGE] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGEINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONEINSUREDREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:(Per accident)(Ea accident)$$N / ASUBRWVDADDLINSDTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITYY / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPERLIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)EXCESS LIABUMBRELLA LIAB$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDED RETENTION $$PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADE OCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATIONAUTHORIZED REPRESENTATIVEACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.CERTIFICATE HOLDERThe ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
08/12/2024Victory Alliance Insurance Agency, Inc.P.O. Box 1138Colusa CA 95932-2871Victor Matamoros(530) [email protected] & R RESTORE dba T & R RIPARIAN RESTORE446 Market StCOLUSA CA 95932TECHNOLOGY INS CO INC 42376 A Y X TWC4283980 06/30/2024 06/30/20251,000,0001,000,0001,000,000The workers compensation policy includes a blanket waiver of subrogation in favor of the certificate holder, City of Sacramento c/o EXIGIS LLC. Attached.City of Sacramento c/o EXIGIS LLCP.O. Box 947Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGEINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONEINSUREDREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:(Per accident)(Ea accident)$$N / ASUBRWVDADDLINSDTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITYY / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPERLIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)EXCESS LIABUMBRELLA LIAB$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDED RETENTION $$PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADE OCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
CANCELLATIONAUTHORIZED REPRESENTATIVEACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved.CERTIFICATE HOLDERThe ACORD name and logo are registered marks of ACORD
HIREDAUTOS ONLY
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002822CONTRACT NAME: Weed Abatement ServicesCONTRACT PROJECT #: DEPARTMENT: Community DevelopmentDIVISION: Neighborhood Code Compliance CITY OF SACRAMENTO NONPROFESSIONAL SERVICES AGREEMENT THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), andNorthern State Contractors, Inc. 1525 Fulton Avenue, Sacramento, CA 95825 916-936-5124/ [email protected] (“Contractor”), as of the Effective Date, as defined below.The City and Contractor agree as follows: 1.Effective Date. This Contract shall be effective beginning May 10, 2024. 2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”): Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work Exhibit B – Payment Exhibit C – Insurance Exhibit D – General Conditions Purchase Orders If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”). Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to City in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the Non-Discrimination in Employee BenefitsCode (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.The Living Wage Ordinance is applicable to certain contracts with the City in an amount of$250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicablerequirements of Sacramento City Code chapter 3.58 and include these requirements in allsubcontracts covered by Sacramento City Code chapter 3.58. Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11.Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") are applicable to this Contract. A summary ofthe requirements, entitled "LBE Participation Requirements," can be viewed at:https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Monica Duncan/Administrative Analyst300 Richards Boulevard, 3rdFloor, Sacramento, CA 95811916-808-8025/[email protected] The CONTRACTOR Representative for this Agreement is:Miki Smith, President1525 Fulton Avenue, Sacramento, CA 95825916-936-5124/ [email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for one year. The City may extend this Contract for up to [two] additional one-year terms, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 60,000.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal. 5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date aninvoice is received, whichever occurs later. B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number(3) Contractor’s Invoice Number(4) Date of Invoice Issuance(5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice(9) Itemized description of all authorized Reimbursable Expenses(10) Itemized description of all applicable taxes (sales, use, excise, etc.)(11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above. E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading. F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract. 6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice. 8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section. 9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]: ________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or ________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000. If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractorshall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. __ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 8. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein. 9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
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2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. Contractor Information. A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
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9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non-emergency / non-disaster conditions. The pricing set forth in this Contract will apply, withoutmark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption13. Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense. A. The Contractor agrees that the Goods and Services furnished under this Contractwill be covered by the industry standard or better warranty.B. Contractor further warrants that the Goods and Services furnished under thisContract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract. C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.16. Indemnity. A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B.,above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 17. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract.18. Equal Employment Opportunity.During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractor complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
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19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code. 20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 21. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect. 25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above. 26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
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27. Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
SCOPE OF SERVICES: Provide Weed Abatement and Debris Removal Services from private property on an as-needed basis. CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, and incidentals necessary for the work to be performed. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this Agreement. Specific site requirements, time periods and schedules will be specified for each job required by the City. 1. Scope of Work (SoW)All work shall be done in accordance with applicable provisions of this bid. Work to be covered underthis contract includes but is not limited to furnishing all labor, materials, tools, equipment,transportation, and all incidentals involved in the abatement of weeds and minor debris removal fromidentified parcels/lots within the City of Sacramento boundaries.The contract shall be non-exclusive, and the City of Sacramento expressly reserves the right tocontract with others to remove weeds and/or refuse under special assessment proceedings orotherwise.Definitionsa.Weed Abatement: The removal of plants or grasses that pose a fire hazard or constitutea nuisance as defined in City of Sacramento Nuisance Code 8.04.100b.Debris: rubble, wreckage, litter, discarded garbage/refuse/trash, scattered remains ofsomething destroyed or disregarded.c.Residential Parcel: For the purposes of this contract, a residential parcel shall be aparcel with residential zoning, three or less residential units with garages and sheds on it and no other uses on the parcel. d.Commercial parcel: for the purposes of this contract, a commercial parcel shall be anyparcel that is not considered a residential parcel. e.Vacant lot: A lot void of a structure or recognized tenants.f.Brush Management: Managing brush, trees, shrubs and the like on or around a lot.2. Timely CompletionThe Contractor shall have five (5) consecutive eight (8) hour days (40 hours total) from the date of the notification to proceed and complete all work as agreed to by both parties in accordance with the SoW. In the event of an immediate fire hazard the contractor has 24 hours to complete all work. 3. Location of WorkThe properties upon which the abatement work shall be done, consists of residential and commercial parcels/lots with or without buildings of homes, outbuildings, and commercial buildings, upon which weeds, or refuse have become a nuisance. Contractors shall coordinate with the City of Sacramento, Community Development Department on location(s) and date(s) of requested abatements. Maps and locations will be furnished at the time of assignment.
4. Notification ProcedureProperty owners will have been notified through the Community Development Department’s administrative abatement process. Property owners would have been given the opportunity to comply but failed to abate their property within the requisite time. The contractor shall be prepared to start abatement action within 48 hours of notification by the Community Development Department. In the event of an immediate fire hazard the contractor has 24- hours from time of notification by the City to complete all work. If the city notifies a contractor prior to abatement to remove a parcel from the list provided, the parcel shall be deleted from the contract and no work shall be done on the parcel. No payment will be made for abatement work on any parcel unless the above conditions are met. The Contractor shall not proceed on lots upon which the following conditions are observed: (A) lot upon which construction has started, (B) A lot upon which an obvious attempt has been recently made to eradicate the weeds and/or remove rubbish and debris, (C) When entry is refused by Property Owner, (D) lot upon which illegal camping is occurring and campers are present. Upon observing any of the above circumstances, the Contractor shall immediately notify the City of Sacramento, Community Development Department in writing of its existence. Staff shall inspect said lot and/or lots and determine whether the areas shall be included or deleted from the contract. Any Contractor who violates these conditions will be removed from the contractor list and will be suspended from abatement work for the City of Sacramento. The City of Sacramento, Community Development Department will inspect all parcels and provide the contractor with a verbal/written list of property addresses/parcels in which the contractor is to abate. No work shall be done on any parcel unless this notice is given. The approval to start work on specified parcels is automatically cancelled if work is not completed within forty-eight (48) hours of the approved starting date. In the event of a fire hazard, Contractor has 24-hours to complete all work. 5. Estimate of Services – Prior to Commencement of Work Prior to commencement of any work, the Contractor shall provide a verbal/written estimate of labor and materials to the City representative. No work shall commence without a verbal/written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, it will be inspected by the City representative, initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate will result in a delay in payment to the Contractor. Failure to provide an estimate within a reasonable amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. 6. Equipment
Equipment unsuitable to produce the quality of work required will not be permitted to operate on the project. The Contractor shall provide adequate and suitable equipment to meet the requirements of this contract, and when ordered by the Community Development Department, remove unsuitable equipment from the work site. 7. Special ConditionsProperty adjacent to sidewalks, parkways, and fence lines must be cleaned, mowed or trimmed to acceptable standards. Weeds must be removed along fences and on park strips. 8. General Work Requirements The Contractor shall have at least one (1) year of actual experience in providing landscape maintenance services for commercial and/or governmental entities. The Contractor will be responsible for coordinating requirements with the City. The Contractor is responsible for a pre-work inspection and a post-work inspection to ensure completion of all work in accordance with contract specifications. The Contractor will be accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and SoW described herein. The Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc., for cracks, crevices, graffiti, and deterioration and shall report any deterioration or graffiti to the City representative immediately. The contractor shall perform a visual inspection of the property for break-ins. In the event of a break-in the Contractor is to call the Sacramento Police Department and inform them of the break-in. a. Performance Standards for Mowing If the property is residential or commercial in nature, weeds and/or dry grass, so mowed, shall be removed from the premises and not allowed to remain on the lot. Mowing height of weeds shall be any weeds/grass that exceeds 2 inches. Prior to mowing operations, all debris including stones, limbs, etc., shall be removed. a.1- Performance Standards for Eradication by Disking Heavy-duty tractors and heavy-duty tandem discs (5'-8') shall be used. Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each disking shall destroy and bury the growth of weeds existing at that time. Disking equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment not suitable as dictated by best practice or industry standards to accomplish the type of disking specified will not be allowed. Each disking shall leave the property clean, reasonably smooth and in an acceptable condition, as determined by the City. In some cases lots will require two (2) disking’s as determined by the City. Unless otherwise specified the second disking shall not occur before thirty (30) days have elapsed from the date of the first disking. Parcels over fifteen (15) acres in size shall have a firebreak disked of at least one hundred fifty
(150) feet in width around the entire perimeter of the property, instead of disking the entire parcel, unless otherwise specified by the City of Sacramento Community Development Department. Prior to disking operations, all debris including stones, limbs, etc., shall be removed. b. Performance Standards for Debris/Refuse Removal The Contractor shall remove from each lot designated to be mowed, all debris/refuse that will prevent mowing as herein specified. Large amounts of debris/refuse and/or unknown materials found on a lot shall be immediately brought to the attention of the City of Sacramento, Community Development Department prior to removal. After each mowing, the Contractor shall remove debris/refuse from these lots so as to leave the property reasonably clear of such debris/refuse. b.1-Performance Standards for Debris/Refuse Removal for parcels of 15 Acres or more In addition, parcels over fifteen (15) acres in size will have the debris/refuse removed from the firebreak area only, unless otherwise specified. Sidewalks and parkways are considered part of the lot and shall be cleaned to acceptable standards (free of weeds, debris, refuse, rocks, dirt, etc.) so as to cause no obstruction to pedestrian traffic. c. Leaf Blower Requirements – Within 200 Feet of any Residential Property The use of portable gasoline-powered blowers, within 200 feet of any residential property, is restricted to the hours from 9:00 a.m. to 4:00 p.m., Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. Blowers cannot exceed 70dBA when used within 200 feet of any residential property and may require mufflers or other modifications to meet the 70 dBA limit. Blowers purchased after November 15, 1995, cannot exceed 65dB’s when used within 200 feet of any residential property. 8.70.020 Use of portable blowers. No person shall operate a portable blower when the air quality index is 101 and above. (Ord. 2020-0042 § 1) d. Dump Fees and hauling Debris and Green Waste The Contractor shall remove all debris that obstructs a parcel/lot from being disced/mowed prior to abatement. All clippings, trimmings, bushes, and all green waste as a result of the abatement shall also be removed. Upon completion of abatement the Contractor shall haul off all debris and waste. If there is enough debris that requires a trip to the dump the Contractor shall ensure the dump fee and related charges are charged to the parcel/lot where the debris originally resided. All junk and debris that is hauled off may be charged according to the pricing schedule. All green waste and brush should be factored in the price per lot/parcel.
Should a property owner contest the charges for abatement and/or associated dump fees, the City has the right to call the Contractor to appear at the hearing. Should the Hearing Examiner find that the charges were not invoiced according to the parcel/lot in question the amount that the Hearing Examiner waives will be subtracted from the Contractors payment. f. Trimming Low Hanging Tree Limbs and/or Saplings As directed by the City, certain parcels/lots may need to have tree limbs which hang low and/or saplings trimmed back or removed from the parcel/lot. For saplings, removal is considered as either complete removal or ensuring they are level to the ground. Low hanging limbs are to be removed up to a height of 6 feet from ground level. This will be charged as debris removal and hand labor rate per the pricing schedule. g. Locked Gates Any parcel/lot on the manifest provided by the City that is fenced and locked shall not be abated but the Contractor shall contact City staff immediately. Locked gates include any gate that is locked, despite gaping holes or breeches.
Digital photos of Job sites Digital pictures are required of each parcel/lot where services are rendered. Pictures are required to ensure that the condition of the property prior to abetment, work progress and the completed abatement are captured. Each photograph must be date/time stamped. Photos shall be saved/indexed by parcel number and the date of abatement by the Contractor. •Pre-Abatement Photos: photographs taken, in sufficient numbers and detail from fixed vantage points prior to commencement of the work, to show the original site conditions . •Progress Photographs: photographs taken throughout the duration of abatement at regular intervals and from fixed vantage points that document the progress of work. •Finished Photographs: photographs taken in sufficient numbers and detail from fixed vantage points upon completion of the work to show the abated condition of the property. Any approved City vantage point or reference point is an orange safety cone that has a mark which indicates 12” (as seen here) The Contractor is required to maintain a database of pictures for all jobs completes for this project keeping them on file in their office or a in a secured, weather and temperature proof, off-site storage, for a period of two years from the date of abatement. These pictures will be utilized in the event that a property owner protests abatement charges. If a protest is received, City staff will contact the contractor and specify that they need pictures by
providing the parcel number and date of abatement. If a set of photos is requested, the Contractor has 48 hours to email the photos to City staff. If the Contractor does not produce the photographs and/or the photographs are not per the standard outlined, the Contractor shall be liable for any costs incurred from the protest process. The following are examples of acceptable photographs, keep in mind these are samples only and do not show the required date/time stamp nor a reference point.
After
Before
After 9. Unscheduled / Extra WorkThe City representative may authorize the Contractor to perform additional unscheduled work, in accordance with the SoW, when the need for such work arises. All unscheduled work shall have the prior authorization of the City prior to commencement. The amount of time each unscheduled job may take is subject to negotiation with the City. The Contractor may not change the scheduled maintenance day or work force to do unscheduled/extra work unless authorized by the City representative. A. Estimate of Unscheduled /Extra Work Prior to commencement of any unscheduled/extra work, the Contractor shall provide a written estimate of labor and materials to the City representative if requested. No work shall commence without a written estimate. This written estimate will be reviewed and if approved, signed by the City representative prior to commencement of work. Upon completion of the work, the parcel/lot will be inspected by the City representative, and the estimate initialed and dated. A copy of the written estimate will be submitted along with the invoice. Failure to provide an estimate within a reasonable
amount of time as determined by the City will result in non-payment to the vendor. Notwithstanding the above, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the city Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the contractor. 10. Summary Abatement / Emergency Work There may be a need for emergency services during regular operating hours. The Contractor shall be prepared to respond and complete all weed abatement and debris removal within 24 hours of notification from the City point of contact. 11. Reporting RequirementsThe contractor shall provide the City with a method of field contact (i.e. mobile phone number or pager number) for use during normal business hours. 12. Payment and InvoicingParcels shall be inspected by the Community Development Department and shall only be certified for payment if the inspection establishes that the work is satisfactorily completed according to these specifications. Contractor payment will be based on the square footage actually mowed or disked, not on the total area of the lot/parcel. Square footage to be billed will equal the total parcel square footage based on county records minus the hardscape which will include the house and the garage. The contractor shall submit one invoice(s) completed on a bi-weekly basis to the Community Development Department. Invoices, including all back-up documentation, will be emailed to: [email protected] or mailed to: A/P Processing Center City of Sacramento 915 I Street, fl.4 Sacramento, CA 95814 Each invoice shall include the following information: i. Parcel Number or address of the property abated; ii. Date the abatement was performed; iii. Type of work performed, and any additional fees for trash/debris removal; iv. Written Estimate of Services, reference Paragraph 5, signed by the City representative. v. Purchase order number Failure to provide back-up documentation along with the invoice to the designated point-of-contact, reference Paragraph 13(a), will result in late payment to the Contractor or if not provided in a reasonable amount of time, not to exceed 30 days from the completion of the abatement, a non-payment as determined by the City may occur.
13. Failure to Perform Failure to perform in accordance with the SoW, or within the timeframes detailed will result in a “Cure Notice.” The City representative will provide the Contractor with a written “Cure Notice” notifying the Contractor that he has 24-hours to “cure” or rectify the situation. The City has the right to bring in another Contractor to complete work in accordance with the SoW, and charges associated with the procurement will be assigned to the Contractor. Receipt of two (2) “Cure Notices” within any 90 day period may result in the contract being terminated and any contract procurement costs may be charged to the contractor. 14. Damage Caused by the ContractorAny damage to either public or private property which was caused by the Contractor shall be repaired or replaced at the Contractor’s expense and to the City’s satisfaction. Damages may be the result of, but not limited to: Power equipment damage to trees, shrubs, turf, and sprinklers. Minor damage to trees such as bark loss from impact of mowing equipment shall be checked by the City Inspector. If in the Inspector’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at the Contractor’s expense to comply with the specific instructions of the inspector. Minor damage to shrubs may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the inspector. 15. Safety The contractor agrees to accept the sole responsibility for complying at all times with local, County, State, or other legal requirements including but not limited to full compliance with the terms of OSHA and Cal OSHA Safety Orders, and the Sacramento City Code to protect all persons, including employees from foreseeable injury, or damage to property. It is the Contractor’s responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as unsafe practices occurring thereon. The City representative shall be notified immediately of any unsafe condition that requires correction. Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the City representative within five (5) business days following the occurrence. It shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property. 16. Hours and Days of ServiceContractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The Contractor may work on Saturdays only with the City’s approval. Any modification in the hours and days of maintenance as previously stated must be approved in advance by the City’s representative. 17. Contractor’s Staff
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s staff shall be supervised by a qualified supervisor in the employ of the Contractor. The Contractor shall provide a competent supervisor during all times that work is being performed. The supervisor must have the authority to represent and act for the Contractor in any matter pertaining to this contract. Upon award of the contract, the Contractor is to provide a list of all such supervisors to the City technical point of contact, which is included in Paragraph 13 of Bid Instruction. Supervisors must be able to communicate verbally and in writing, in English with the City’s representative. The contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City’s representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while working on this contract, the employee shall be removed from all work under his contract. Contractor’s staff shall wear uniforms with the Contractor’s company name, proper shoes, or other gear as required by State of California, Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor’s shall be on employees’ uniforms. Contractor’s employees shall be clean in appearance at the start of each workday. 18. ADMINISTRATIVE MATTERS A. Transfer of Business - The Contractor will notify the Chief of Code and Housing immediately upon transfer of ownership of all or part of the company in writing. The Weed Abatement Services Contract is not transferable to the new owner. B. Period of Performance - The period of performance associated with the contract shall be: The date of award through April 30, 2025, with renewal options not to exceed five years in total.C. Option Period - It is the City of Sacramento’s sole discretion to exercise an option period. Option periods will be exercised upon successful completion of the contract in accordance with its Non-Professional Services Agreement, Scope of Work, and its contract clauses and provisions. D. Termination - This Weed Abatement Services Contract may be terminated at any time by either party with or without cause. Although the City may elect to impose discipline for violations of the Contract which are less severe than termination or may grant an appeal to discipline imposed, the Contract may be terminated without cause. The Contractor agrees that the disciplinary procedures and options contained herein do not affect the City's ability to terminate the Contract at the discretion of the Community Development Department without cause. Nothing in the Contract shall be construed to create any property rights, interests or licenses held by the Contractor. 19. INSURANCE REQUIREMENTS The failure to maintain adequate insurance coverage for any reason at any time shall result in immediate suspension from the Weed Abatement Services Contract until proof of insurance is received by the City.
Insurance Requirements - During the entire term of this Agreement, Contractor shall maintain the insurance coverage described in Section 12. Full compensation for all premiums that the Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Services provided by Contractor under this Agreement. No additional compensation will be provided for Contractor’s insurance premiums. It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Agreement. A. Minimum Scope & Limits of Insurance Coverage(1) Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. A Garage Liability policy with limits of $1,000,000 may be substituted for the commercial general liability policy. (2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. (3) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Workers’ Compensation waiver of subrogation in favor of the City is required for all work performed by the Contractor. B. Additional Insured Coverage(1) Commercial General Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of Contractor, and premises owned, leased or used by Contractor. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier for contracts involving construction or maintenance, or if required by the City by selecting the option below: _____ Additional insured endorsement must be signed by an authorized representative of the insurance carrier. If the policy includes a blanket additional insured endorsement or contractual additional insured coverage, the above signature requirement may be fulfilled by
submitting that document with a signed declaration page referencing the blanket endorsement or policy form. (2) Automobile Liability Insurance: The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (1) Contractor’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms. D. Acceptability of Insurance Insurance shall be placed with insurers with a Bests’ rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by the City Risk Management Division in writing prior to execution of this Agreement. E. Verification of Coverage (1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to the City representative named in the Administrative Information Section,1(G). Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier. (2) The City may withdraw its offer of contract or cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to execution of this Agreement. The City may withhold payments to the Contractor and/or cancel the Agreement if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
Request for Qualifications (RFQ) Weed Abatement Services Applicant name_____________________________