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HomeMy WebLinkAboutCC Resolution 10758 (Andersen Dr Landscape Maintenance)RESOLUTION NO. 10758 RESOLUTION OF AWARD OF CONTRACT TO FORSTER AND KROEGER LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE FOR ANDERSEN DRIVE FOR AN AMOUNT NOT TO EXCEED $23,000.00. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 4"' day of January, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine and declare all sealed bids or proposals for doing the following work in said City, to wit: "LANDSCAPE MAINTENANCE CONTRACT -ANDERSEN DRIVE" PROJECT NO. 001-4435-8270 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Forster and Kroeger Landscape Maintenance, Inc. was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Forster and Kroeger Landscape Maintenance, Inc. and the same is hereby accepted at said bid and that the contract for said work and improvements be and the same is hereby awarded to said Forster and Kroeger Landscape Maintenance, Inc. at the price mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Forster and Kroeger Landscape Maintenance, Inc. for said work and to return the bidders bond upon the execution of said contract. IT IS FURTHER ORDERED AND RESOLVED that the Director of Public Works take any and all such actions and make changes as may be necessary to accomplish the purpose of this Resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 16"' day of January, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAEI~T1�lE M. LEONCTNI, City erk File No.: 21.01.55 City of San Rafael • California Form of Contract Agreement for LANDSCAPE MAINTENANCE CONTRACT ANDERSEN DRIVE This Agreement is made and entered into this 16th day of January, 2001 by and between the City of San Rafael (hereinafter called City) and Forster and Kroeger Landscape Maintenance, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Landscape Maintenance Contract Andersen Drive, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within seven (7) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 365 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. (c) Contractor must notify City if unable to comply with monthly schedules. Contractor must notify City when onside, this is expecially important when applying pesticides. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. NO. ITEM QUANTITY UNIT TOTAL PRICE J Lump Sum TOTAL $23,000.00 AGREEMENT • 1 P r V - Progress Payments On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: A J ne M.Leoncini City Clerk i APP A ' •Aye%a �C�✓L' 1 ' aITT. Rag ti City Attorn File No.: 21.01.55 CITY OF RAFAEL: AlbertPoro Mayor , CONTRACTOR: ZIi Forster & for 15�0.t-:"$. Mainfenance,inc. AGREEMENT • 2 SUR9TY COMPANY of tDe PACIFIC 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316-1517 5 U REPLY TO: POST OFFICE BOX 10289, VAN NUYS, 91410-0289 PHONE: (818) 609-9232 Ur BASED ON Bond #: M104429 PERFORMANCE BOND FINAL CORTIUCT PRICE Executed in 3 Originals Premium: $518.00/ONE (1) YEAR KNOW ALL PERSONS BY THESE PRESENTS: That we, FORSTER & KROEGER LANDSCAPE MAINTENANCE INC. — 15 LIBRARY PLACE, SAN ANSELMO, CA 94960, hereinafter called Principal, and SURETY COMPANY of the PACIFIC (SCP), a corporation organized and existing under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SAN RAFAEL — 1400 FIFTH AVENUE, SAN RAFAEL, CA, hereinafter called Obligee, in the amount of TWENTY THREE THOUSAND AND NO/100THS DOLLARS ($23,000.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators or successors, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 01-16 Z OV/ entered into a contract with Obligee for LANDSCAPE MAINTENANCE CONTRACT ANDERSEN DRIVE. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Payment of attorney's fees shall not be, nor shall it be deemed to be, a condition of this obligation. In the event of any default on the part of the Principal, written notice thereof shall be given to the Surety as promptly as possible, and in any event within ten (10) days after such default shall have become known to the Obligee or to any representative of the Obligee authorized to supervise the performance of said contract. Whenever Principal shall be, and declared by Obligee to be in default under the contract, the Obligee having fully performed Obligee's obligation thereunder, the Surety may promptly remedy the default, or shall: (1) Complete the work under the Contract in accordance with applicable plans and specifications, or; (2) Obtain a bid or bids for submission to Obligee for completing the work under the contract in accordance with applicable plans and specifications and upon determination by Obligee and Surety of the lowest responsible bidder arrange for a contract between such bidder with corporate surety and Obligee, and then pay the Obligee the bidder's price less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the original contract and any amendments thereto, less the amount properly paid by Obligee to Principal. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee, and this instrument may not be transferred or assigned without the written consent of Surety. IN WITNESS WHEREOF, the corporate seal and the signature of a duly autho ' o i4Prnincij y are hereto affixed this 16 day of January, 2001. By By Stephanie Hope Shear, Attorney -in -Fact Forster & Kro eaintenance Inc SURETY COMPANY of the PACIFIC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 1 6 2001 before me, GABRIELLA RODRIGUEZ. NOTARY PUBLIC DATE NAME. TITLE OF OFFICER personally appeared STEPHANIE HOPE SHEAR NAME(S) OF SIGNERS) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me GABRIELLA RooR(Guez that he/she/they executed the same in his/her/their comm'L4ion # 1273M z authorized capacity(ies), and that by his/her/their Notary Public - cafitomia Zsignature(s) on the instrument the person(s), or the Angeles nhycarunFips1�� entity upon behalf of which the person(s) acted, ' i 11 ' i executed the instrument. WITNESS my hand and official seal. /"atrx_� / SIGNATUR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SURETY COMPANY OF THE PACIFIC DESCRIPTION OF ATTACHED DOCUMENT BOND *404429 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SURETY COMPANY of the PACIFIC SCP 6345 BALBOA BOULEVARD BUILDING 2, SUITE 325 ENCINO CALIFORNIA REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289 PHONE: (818) 609-9232 Since 1969 POWER Or ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL MEN BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or any Vice -President, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint STEPHANIE HOPE SHEAR, of ENCINO, California, its true and lawful Attorney -in - Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Any and all bonds and undertakings not to exceed Three Hundred Thousand Dollars ($300,000.00). IN WITNESS WHEREOF Montgomery Erwin, said Chairman/President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 7th day of August A.D., 2000. SURETY COMPANY OF THE PACIFIC By�� � Montgomery Erwin, Chairman/President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 7th day of August, 2000, before the subscriber, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified, came the above-named Montgomery Erwin, Chairman/President, of SURETY COMPANY OF THE PACIFIC, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and axed my Official Seal, at the city of Encino, the day and year first above written. (SEAL) _ S ACEr L GAWA .� Moloy 'Clo IMIN11 10mv �- — - 1 �� 1 / , . � , t - ACCEPTED AND AGREED TO: Sienature SURETY COMPANY of the PACIFIC S C 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316-1517 REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CA 91410-0289 PHONE: (818) 609-9232 BOND ggrl PAYMENT BOND FINAL CONTRACT pfEC�c Bond #: M104429 Premium: Included Executed in 3 Originals KNOW ALL PERSONS BY THESE PRESENTS: That we, FORSTER & KROEGER LANDSCAPE MAINTENANCE INC.— 15 LIBRARY PLACE, SAN ANSELMO, CA 94960, hereinafter called Principal, and SURETY COMPANY of the PACIFIC (SCP), a corporation organized and existing under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SAN RAFAEL — 1400 FIFTH AVENUE, SAN RAFAEL, CA, hereinafter called Obligee, in the amount of TWENTY THREE THOUSAND AND NO/100THS DOLLARS ($23,000.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators or successors, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated eq/ — /( 2-O0/ entered into a contract with Obligee for LANDSCAPE MAINTENANCE CONTRACT ANDERSEN DRIVE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons referred to in Civil Code Section 3181 or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, that the Surety or Sureties herein will pay for the same, in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. Payment of attorney's fees shall not be, nor shall it be deemed to be, a condition of this obligation. This bond shall inure to the benefit of any of the persons referred to in Civil Code Section 3181 so as to give a right of action to such persons in any suit brought to enforce liability on this bond. IN WITNESS WHEREOF, the corporate seal and the signature of a duly authorized officerJsaidrety are hereto affixed this 16 day of January, 2001. gygy Stephanie ope Shear, Attorney -in -Fact Forster & Kroeger L ndscape Mntenance Ire., SURETY COMPANY of the PACIFIC Principal 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 1 F 2001 before me, GABRIELLA RODRIGUEZ. NOTARY PUBLIC DATE NAME, TITLE OF OFFICER personally appeared STEPHANIE HOPE SHEAR NAME(S) OF SIGNER(S) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their GABRIELLA RODRIGUEZ authorized capacity(ies), and that by his/her/their Commisdw # 1273623 Z Notay Puf�I-Ic - CafifOn90 signature(s) on the instrument the person(s), or the Z Los Amies ComtY entity upon behalf of which the person(s) acted, j MVGar MEg3kwAM132rgt� executed the instrument. WITNESS my hand and official seal. / `SIGNATUE ONdOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Jg� ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SURETY COMPANY OF THE PACIFIC DESCRIPTION OF ATTACHED DOCUMENT BOND *404429 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SURETY COMPANY of the PACIFIC SCP 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO CALIFORNIA REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289 PHONE: (818) 609-9232 Since 1969 POWER OF AWORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL MEN BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or any Vice -President, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint STEPHANIE HOPE SHEAR, of ENCINO, California, its true and lawful Attorney -in - Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Any and all bonds and undertakings not to exceed Three Hundred Thousand Dollars ($300,000.00). IN WITNESS WHEREOF Montgomery Erwin, said Chairman/President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 7th day of August A.D., 2000. SURETY COMPANY OF THE PACIFIC By . 6)=Rntgomery Erwin, Chairman/President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 7th day of August, 2000, before the subscriber, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified, came the above-named Montgomery Erwin, Chairman/President, of SURETY COMPANY OF THE PACIFIC, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of Encino, the day and year first above written. (SEAL) I&_ SUAV L GiIIRM — Mo1alltt6iaCdknft tai hGA Cbu* * 80wJun14= i ACCEPTED ND AGREED TO: i Signature �J � I w