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 '
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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
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