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HomeMy WebLinkAboutAgr 2020-07-07 (Gardeners' Guild)F41"0492 KLIAPLprl#",I�t�aulcItTAxilRyi-ITIO�l-_o�.I �� BETWEEN AND GARDENERS'GUILD INC. This Agreement for Landscaping Services ("Agreement") is entered into as of this 7th day of July, 2020 by and between the Town of riburon ("Town"), a municipal corporation, and Gardeners' Guild Inc., a Corporation in the State of California ("Service Provider"). The Town and Service Provider hereinafter may also be referred to individually as "Party" and collectively as "Parties." NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 15: Termination of Agreement, the Term of this Agreement is for the duration of the project. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERF ORMANCE. A. Scope of Services. Service Provider agrees to perform the services set forth in Exhibit A: "Scope of Services" (the "Services"). Exhibit A is made a part of this Agreement by this reference. B. Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit A hereto. Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The Town, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 22: Amendment. If and when such additional work is authorized, it shall be on a one-time basis unless otherwise specified in the writing. Page 1 of 14 A. Subject to any limitations set forth in this Agreement, the Town agrees to pay Service Provider the amounts specified in Exhibit A. The total compensation, including reimbursement for actual expenses, shall not exceed $34,750.00 unless additional compensation is approved in accordance with Section 22. B. Service Provider shall furnish an invoice for the Services to the Town. Invoices shall set forth the charge for Services for each location covered by the Agreement. 'rhe Town shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid within 15 days of receipt. In the event any charges or expenses are disputed by the Town, the original invoice shall be returned to Service Provider by the Town for correction and resubmission. The Town shall approve and pay all corrected and resubmitted invoices within 15 days of receipt. C. Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. HOLIDAYS Services are to be performed as scheduled at each location, excluding only the following holidays: President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Day, and New Year's Day. If Services fall on one of the aforementioned holidays, Service Provider shall provide the Services on the next calendar day following the holiday. Services on holidays, when requested in writing, shall cost double the rate set forth in Exhibit A. SECTION b. SERVICE PROVIDER'S BOOKS AND RECORDS. A. Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and employee or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to the Town pursuant to this Agreement. Service Provider shall comply with the requirements of California Labor Code § 1421. B. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three {3} years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures and according to California Labor Code § 1421. Page 2 of 10 C. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by the Town or its designated representative. Copies of such documents or records shall be provided directly to the Town for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. D. Where the Town has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, the Town may, by written request, require that custody of such documents or records be given to the Town. Access to such documents and records shall be granted to the Town, as well as to its successors -in -interest and authorized representatives. SECTION 7. INDEPENDENT CONTRACTOR. A. Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of the Town. Service Provider shall have no authority to bind the Town in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against the Town, whether by contract or otherwise, unless such authority is expressly conferred in writing by the Town. B. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither the Town, nor any elected or appointed boards, officers, officials, employees, or agents of the Town, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees, or agents of Town. C. Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to the Town's employees, Service Provider expressly waives any claim Service Provider may have to any such rights. SECTION 8. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits, and authorizations necessary to perform the Services set forth in this Agreement. Neither the 'town, nor any elected or appointed boards, officers, officials, employees, or agents of the Town, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. Page 3 of 10 Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00 (one thousand dollars). Copies of the prevailing rate of per diem wages are on file at Owner's principal office. Contractor shall comply with the 8 -hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. SEC'T'ION 10. NONDISCRIMINATION. Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. A. Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the Town or which would in any way hinder Service Provider's performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Town Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement. B. The Town understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of the Town relative to such projects. Any future position of the Town on such projects shall not be considered a conflict of interest for purposes of this section. C The Town understands and acknowledges that Service Provider will perform non -related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 12. INDEMNIFICATION. To the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless the Town, and any and all of its employees, officials, board members, council Page 4 of 10 members, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), arising out of Service Provider's performance of this Agreement or of Service Provider's agents' or subcontractors' performance of the Services included in this Agreement, Service Provider shall be responsible for any fines, penalties, suits, or charges assessed resulting from its failure to apply with any and all applicable federal, state and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. To the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless the Town, and any and all of its employees, officials, board members, council members, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), arising out of Service Providers' failure to comply with any and all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. The provisions of this section do not apply to claims resulting from the Town's sole negligence or willful misconduct. Service Provider must, upon written tender from the Town, defend the Town through counsel of the Town's choosing, from or relating to any claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, fines, penalties, or charges covered by this Section. SECTION 13. INSURANCE. Service Provider shall provide and maintain insurance, acceptable to the Town, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives, or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll. Service Provider shall provide the following scope and limits of insurance: A. Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury, and property damage. B. Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. Page 5 of 10 C. Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, or reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the Town. The Town and its respective elected and appointed officers, officials, and employees, and volunteers are to be covered as additional insureds under Service Provider's Commercial General Liability Policy. The coverage shall contain no special limitations on the scope of protection afforded to The Town and its respective elected and appointed officers, officials, or employees. Service Provider's insurance coverage shall be primary insurance with respect to the Town and its respective elected and appointed, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town and its respective elected and appointed officers, officials, employees, or volunteers, shall apply in excess of, and not be contributory to, Service Provider's insurance. Prior to commencing the Services, Service Provider shall provide the Town with certificates of insurance showing the coverages and requirements listed in this Section, including an additional insured endorsement for the Commercial General Liability Policy. Insurance certificates are insufficient to comply with this requirement -- endorsements must be provided. Any deductibles or self insured retentions on the required policies must be declared to and approved by the Town. At the option of the Town, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respects to the Town or its respective elected or appointed officers, officials, employees, and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. These insurance requirements shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. SECTION 14. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. The Town has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the Town. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of Page 6 of 10 this Agreement entitling the Town to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 15: Termination of Agreement. The Town acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub -contractors. SECTION I.S. TERMINATION OF AGREEMENT. A. Town may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. B. Service Provider may terminate this Agreement for cause, including for failure to pay fees owed, at any time upon thirty (30) days written notice of termination to Town. C. If either Service Provider or the Town fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider or the Town may terminate this Agreement immediately upon written notice. D. Upon termination of this Agreement by either Service Provider or the Town, all property belonging exclusively to the Town which is in Service Provider's possession shall be returned to the Town. Service Provider shall furnish to the Town a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4: Compensation and Method of Payment. SECTION 16. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the Town may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively ten (10) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the Town shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the Town may take necessary steps to terminate this Agreement under Section 15: Termination of Agreement. Any failure on the part of the Town to give notice of the Service Provider's default shall not be deemed to result in a waiver of the Town's legal rights or any rights arising out of any provision of this Agreement. SECTION 17. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, Page 7 of 10 acts of God, acts of the public enemy, acts of federal, state, or local governments, acts of the Town, court orders, and strikes. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. All public information, data, reports, records, and maps as are existing and available to the Town as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by certified mail, postage prepaid and return receipt requested, or via email with return receipt as follows: Contractor: Gardeners' Guild Inc 2780 Goodrick Avenue Richmond, CA, 94801 PH: 510-439-3700 FAX: 510-439-3344 EMAIL: tbradley@gardenersguild.com Owner: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 PH: (415) 435-7388 FAX: (415) 435-2438 EMAIL: spalmer@townoftiburon.org Notice shall be deemed effective on the date personally delivered or transmitted by email with return receipt, or by certified mailed, on the date of receipt shown by the United States Postal Service. The person or persons executing this Agreement on behalf of Service Provider and the Town represent and warrant that they have the authority to so execute this Agreement and to bind Service Provider or the Town to the performance of its obligations hereunder. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. �y T No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the Town. The Town Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Page 8 of 10 Agreement, as amended, would not exceed the Town Manager's contracting authority under the Town's Ordinances and Municipal Code. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Should an amendment be for the addition of work not included in the Services, the amendment must state the frequency of the additional work or formally add the work to the Services. SECTION 23. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by the Town of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 24. GOVERNI[NG LAW; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. in the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County Marin, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California. SECTION 25. ENTIRE AGREEMENT. This Agreement, including the attached Exhibit A, constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and the Town prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 26. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void, or unenforceable provision(s). SECTION 27. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. Page 9 of 10 INWITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written, By, r.. y: GardenGuild Inc Approved &sM o Jorm: Town Attorney Town ofTiburon Page 10 of 10 IN WITNESS WHEREOF, the Parties heretohave exec ed this Agreement on the date and year first -above written. Iy: --.' .' By: Garden s' Guild Inc\ 'Town o iburon Approved as to form: By: Town Attorney Page 10 of 10 + .NATURE'S TRUSTED PARTNER SINCE 1072 Contact: Patrick Kerslake Date: July 2, 2020 Company: Town of Tiburon Phone: (415) 4357399 Mailing Address: 1505 Tiburon Blvd. Fax: City, State Zip: Tiburon, CA 94920 Email: pkerslakc,.(:,totivnofliburon.org Job Name, Address: The undersigned agrees to furnish and provide necessary labor, materials, tools, implements and appliances to perform and complete in a good workmanlike manner the following: All of the work identified in Addendum A to be completed for the sum of: Thirty Four Thousand Seven Hundred and Fifty Dollars ($34,750.00) --- Any alterations or deviations from the above involving the extra cost of material or labor, will be executed only on written orders for the same and will become an extra charge over the sum mentioned above. All agreements must be made in writing. .. . w • w . ' w Terms of payment shall be as follows: . See Agreement Section 4 This proposal is void if not accepted within 30 days. Job Number: TBD Respectfully submitted, Authorized Signature, Gardeners' Guild, Inc. ACCEPTANCE You are hereby authorized to furnish all materials and labor to complete the work mentioned in the above proposal for which we agree to pay the amount mentioned in the said proposal and in accordance with the terms thereof. Signed Date Authorized Signature NOTICE: tinder the Mechanics' Lien Law, "any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has the rights to enforce a lien against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid." 2780 Goodrick Ave, Richmond, CA. 941301 Tel: (510) 439-3700 Fax: (510) 439-3344 contracvoncpage�.0581 roadside maintenance contract"2020 WITUNUID Town of Tiburon Tiburon Roadside Maintenance Scone of Work General Notes and Exclusions- • Pruning of Vegetation over 8 feet in height • Spot Spraying with herbicides ® Sign clearance ® Roadside maintenance along residential or private properties ® South side of Tiburon Blvd. between Ned's Way and Rock Hill Road. South side between San Rafael Ave. and Mar West Cloverleaf areas at 101 free a Location Scope of work Exclusions / Notes WESTBOUND DIRECTION., Mar West to Parking Area -Cut vegetation away from -Excludes Parking Area guardrail. -Mow up to loft from roadway and remove broom -Trash removal Lyford Drive to Neds Way -Remove pine needles and debris in road/gutter -Trim vegetation/Ivy off guardrail -Trim vegetation / invasive species down to 18" height— ie blackberry — down slope 8ft from roadway Neds Way to San Rafael Ave -Clean gutter / road at bustop -Mow grasses up to V -ditch -Cut Acacia off roadway -Across Egret — Mow vegetation Oft from roadway -Trim vegetation off guardrail just before San Rafael Ave -Street clearance at bustop including bench Corner of Gilmartin -Hand pull weeds / grasses up to 6ft from roadway and 15ft from either end of corner Rock Hill Road — Starting at -Mow 6ft up from roadway -May require closure of turn blinking sign -Mow above and below wail lane to perform work —GGI -Ivy off road in turn lane — can use safety cones/ _ 2780 Goodrick Ave, Richmond, CA, 94801 Tel: (510) 439-3700 Fax: (510) 439-3344 contractNoncriage, 058 1 roadside maintenance contract 2020 2780 Goodrick Ave, Richmond, CA. 94801 Tel: (5 10) 439-3700 Fax: (510) 439-3344 co ntnc c,onc page AS 8 1 roadside maintenance contract, 2020 before Rock Hill signage in this area. Rock Hill to Guardrail -Clean gutter/road at bustop -Excludes work in drainage -Clear vegetation around culvert bench -Mow up to fenceline Guardrail to Avenida -Mow behind guardrail to -This section will require a Miraflores fenceline — up to channel Saturday Lane Closure to be -Ivy off roadway under performed by Bay Area guardrail. Traffic Solutions -Trim Bamboo off roadway -Overtime rates will apply -Mow up to Eft from roadway String trim steep slope up to fence -Guardrail clearance up to Avenida Miraflores Avenida Miraflores to -Clean gutter/road at bustop -This section will require a Trestle Glen -Clear sidewalk at bustop and Saturday Lane Closure to be vegetation around bench performed by Bay Area -Mow up to railing fenceline Traffic Solutions -Clear railing of Ivy -Overtime rates will apply Vegetation -Starting at end of Del Mar school mow 4ft up from roadway -String trim bove retaining wall -Past Stewart Drive ® string trim above and below wall -Mow 4ft up from roadway to Trestle Glen -Clear vegetation around guardrail Trestle Glen to Jefferson -Clear vegetation off guardrail Jefferson to Reed Ranch -Clean gutter/road at bustop -Avoid ornamental grasses Road -Mow up to walkway -Clear vegetation 4ft in all directions around second bustop —Reed Ranch Road to Cecillia -Mow 10ft up from roadway Way -Shrub pruning / clearance from roadway Cecillia to Blackfield Drive -Clean debris from gutter /road -Clearance around bustop -Mow 4ft up from toe of 2780 Goodrick Ave, Richmond, CA. 94801 Tel: (5 10) 439-3700 Fax: (510) 439-3344 co ntnc c,onc page AS 8 1 roadside maintenance contract, 2020 2780 Goodrick Ave, Richmond, CA. 94801 Tel: (510) 439-3700 Fax: (510) 439-3344 contraCt\OnCpagC4 0581 roadside maintenance contract 2020 slope -Mow behind guardrail -Clear vegetation from guardrail to Cove Shopping Center Blackfield Drive to Bay Vista -Clear vegetation around bustop -Clear vegetation from railing -Clear vegetation from guardrail -Mow Eft up slope from roadway -Shrub clearance from road - Bamboo Bay Vista to N. Knoll -Mow Eft up slope from -Avoid ornamental grasses roadway -Mow up to fence starting from pedestrian sign before N. Knoll -Clearance around bustop and clean debris from gutter/road EASTBOUND DIRECTION: N. Knoll to Bay -Mow loft up from roadway =Vista -Clear vegetation around guardrail Bay Vista to Blackfield Drive -at.1111r, trim concrete islands at intersections -Clean debris from gutters -Clearance 'around bustop -Clear vegetation from guardrail -mow loft up to drain Greenwood Beach to -Mow loft from roadway up Blackies Pasture to drainage culvert -Clearnace around bustop and clean debris from gutters -Shrub clearance from roadway -Mow up to top of berm from roadway in front of Tiburon Baptist Church -Clear vegetation from guardrail -Mow loft from roadway up to Blackies Pasture Trestle Glen to Bay Vistavegetation around -This section will require a 2780 Goodrick Ave, Richmond, CA. 94801 Tel: (510) 439-3700 Fax: (510) 439-3344 contraCt\OnCpagC4 0581 roadside maintenance contract 2020 2780 Goodrick Ave, Richanond, CA. 94801 Tel: (510) 4393700 Fax: (510) 439-3344 roadsidu maintenance contracl-2020 guardrail to Pine Terrace Saturday Lane Closure to be -Clear vegetation around performed by Bay Area bustop and debris in gutters Traffic Solutions -Overtime rates will apply Bay Vista to Palmer Court -Mow 10ft up from roadway -This section will require a -Trim Ivy off road Saturday Lane Closure to be -Clear vegetation around performed by Bay Area bustop and clean debris in Traffic Solutions gutter/road -Overtime rates will apply 2780 Goodrick Ave, Richanond, CA. 94801 Tel: (510) 4393700 Fax: (510) 439-3344 roadsidu maintenance contracl-2020 i 1111;/ U Town of Tiburon Tiburon Roadside Maintenance Additional Contract Provisions I. Specific Project Exclusions: As noted in Addendum A. All other work not specifically identified in Addendum A. 2. All necessary permits to be supplied by Owner. 3. All power and water sources to be provided by others. 4. USA underground to visit the site prior to work beginning to mark all utilities. 5. Excludes any bonding requirements. 6. The owner will clearly identify boundaries of the property, shall provide surveys of the property describing physical characteristics, legal limitations and utility locations and/or cause the property to be staked if reasonably requested by the Contractor. The owner is obligated to provide notice of all concealed conditions, and shall provide and pay for water and electricity to the property. 7. If conditions are encountered on the site which are subsurface or otherwise concealed physical conditions whichdiffer materially from those contemplated, or physical conditions of an unusual nature are encountered and cause a furtherance to the Contractor in time or materials, the Contractor will be entitled to an equitable adjustment in the contract price, an extension of the completion date, or both, by change order. Furthermore, the Contractor will not be held responsible for any damage to the following - Underground Irrigation Components; Television Cable; Phone Cable; Low Voltage Cable; Underground Water Tanks/Septic Tanks or any buried utilities and/or devices not installed in accordance with local building codes or common practices. Or not located and marked per standard USA Underground procedures. 8. Contractor is not responsible for damage to existing pavement and surfaces resulting from equipment use, including crane work and/or excavation if reasonable precautions were discussed and taken prior to. 9. Contractor is not responsible for conditions resulting from normal construction procedures; any delay caused by strikes, slow -down, lock -outs, accidents, weather, reduced supplies of materials or labor or any other contingency beyond Contractors control. 10. New plant material installed under this contract is included in one year warranty against defects and workmanship. This warranty is void if plants are improperly maintained by others or if vandalism, animal damage, weather or any other condition outside of Contractors control occurs. Transplanted plant material is not included in warranty. 11. Invoicing and Payments • If requested, an invoice to cover initial project mobilization & materials ordering, for a maximum of 10% of the contract total will be due and payable upon acceptance of this agreement. • Thereafter, all work will be progressed billed commensurate with work completed every two weeks, or a minimum, once monthly. • All progress invoices are due and payable as described in the agreement. Het 10 d115,5 fFBM dRte Invoices not paid timely as described in the Agreement within 1�ays will be subject to service charges of 1 % per month (12°.x• per annum). 2780 Goodrick Ave, Richmond, CA, 94801 Tel: (510) 439-3700 Fax: (510) 439-3344 contractloncpage% 0581 roadside maintenance contrut 2020