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PW Pt. San Pedro Rd. Median Landscape Maintenance 2014City of San Rafael ♦ California Form of Contract Agreement for Point San Pedro Road Medians Routine Landscape Maintenance City Account No. 234-44-11103-9270 This Agreement is made and entered into this ISU day of "I t— , 2014 by and between the City of San Rafael (hereinafter called City) and Forster & Kroeger Landscape Maintenance, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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 described in the specifications for the project entitled: Point San Pedro Road Medians Routine Landscape Maintenance, all in accordance with the requirements and provisions of the Contract Documents as defined in the Contract Provisions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Term of Contract (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) The work shall be continue through March 31, 2015, and with such extensions of time as are provided for in the General Conditions and Special Provisions. (c) At the discretion of the City Public Works Director and with Contractor's consent, this contract can be renewed for up to three additional two year terms at the same $31,200 annual cost, with adjustments as warranted by changes in the Consumer Price Index for the San Francisco area. III - 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. No. Item QuantityUnit Unit Price Total Price 1 Monthly Routine Maintenance 12 Month @ $2,600 = $31,200 Grand Total = $31,200 IV - Payments The Contractor shall bill the City monthly for routine maintenance. V — Indemnification Contractor will indemnify, release, defend and hold harmless City, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of Contractor or Contractor's officers, agents and employees in the performance of their duties and obligations under this contract. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. &irne City Clerk APPROVED AS TO FORM: Robert F. Epstein r City Attorney File No.: 03.01.180 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director & OEGER LANDSCAPE A E. INC. 10 Printed Name: �i C Title: P r o�ZVt ACC>MY CERTIFICATE OF LIABILITY INSURANCEF DATE ) 4/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 ONTACT StacyManning NAME: g CONTACT-NAME: A!C No Ext: (559)650-3555 AIC No; (559)650-3558 E"MAIL .smanning@lcisinc.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA ARCH Insurance Company 11150 INSURED Forster & Kroeger Landscape Maintenance, Inc. 77 Larkspur Street Ste B San Rafael CA 94901 INSURERS: INSURERC: INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:13/14 Pkg & Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWFFHSTAND4NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM DDIYYY POLICY EXP MMIMIYYYY LIMITS San Rafael, CA 94915-1560 GENERAL LIABILITY Stacy Manning/ACOMBE EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES Eaoccurmxe $ 100,000 A C,I A MS MA DE a CbC'.:L➢ft CPKG0053405 /1/2013 /1/2014 MED EXP (Any one p rsrn) $ 5,000 PERSONAL & ADV INJJRY $ 1,000,000 X $500 Pd Ded GENERAL AGGREGATE $ 2,000,000 GEN'L f4GGIRECbAE L.IMI'f' A PI II'"v PRODUCTS COMP*P A," $ 2,000,000 X PC?I..IC;y LOC, $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Es accident 1,000,000 BODILY INJURY Perper::ouiy $ A JXANYAUTID AUYY°4fT,!:ID ,C HED4.11.l':'.I 11S AUTOSBODILY CPKG0053405 /1/2013 /1/2014 INJURY ,Pera.a,Vdent'I $ PROPERTY DAMAGE $ Per accident X NOld-CJ'+m'a II HIREDC+,I,p'I'C, G,D Y,I„Ip'tyg,E'; Undennsured motonsl $ 1,0 0 000 UMBRELLA LIABRIAIIAE-MADE c,:E',1.1'G�t EACH OG."aTl':€R NCE. $EXCESSLIAB .+'Tf,C:t@:1;Rm:GATl':;:: LED I I Rh"".I'EC°d'f'I )N $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y N ANY P ROPRIETORIP.TRGNE:::I49A: rJ.JTIV12 `,DTeT'fl�4C�- d:b'tl"h%- 'Y"CTG:2N L..IMIT F< E L CACH A'.:T'.111 INI $ OI G=ICf:,::RIMEMBER FACLU [-7 N/A (Mandatory In NH) ITP... D S[. >~a l a - EA EM1 D YI'!i:E $ r,=. ir uPI,:SCO:'CIPTON OF descnbe undeC)1>G1fTA'01f1N S laryOr„�r )I I�F IE!i'-I' JLJ{;EY LJIbOiT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: PT. San Pedro Road Medians Routine Landscape Maintenance Primary Insurance/Non Contributory Blanket Additional insured per attached OOGLO434000108 & CG2010 07 04 City of San Rafael and County of Marin, its Elective and appointive Boards, Commissions, Officers, Agents, and Employees (Excluding Professional Liability) are named as additional insured CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) INS025 pma 5t o i © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael Attn: Department of Public Works AUTHORIZED REPRESENTATIVE P.O. BOX 151560 San Rafael, CA 94915-1560 Stacy Manning/ACOMBE ACORD 25 (2010105) INS025 pma 5t o i © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not apply to any person or organization not speclfcally approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insured's liability insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of it or any part of it. 2. "Property Damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury" for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: N/A Policy Number: LCPK00053405 Named Insured: Forster & Kroeger Landscape Maintenance, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 4/9/2014 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission POLICY NUMBER: LCPKGO053405 COMMERICAL GENERAL LIABILITY NAMED INSURED: Forster & Kroeger Landscape Maintenance, Inc. CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSONS OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTIY COVERAGE PART SCHEDULE Name of Additional Insur Or Organization Location(s) Of Covered Operations City of San Rafael and County of Marin, its Elective and With respects to work performed @ PT. San Pedro Road appointive Boards, Commissions, Officers, Agents, andMedians Routine Landscape Maintenance Employees (Excluding Professional Liability) Information required to complete this scheduie, if not shown above, will be shown in the Declarations. A. Section II —Who is An Insured is amended to include as an addition insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage: occurring after. 1. All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in -tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 01 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE 4/15/2014 (MMIDDfYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER7IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacy Manning NAME: Y g A1CNNo Ext: (559)650-3555 AIC No: (559)650-3558 Landscape Contractors (Lic#0755906) Insurance Services, Inc. EMAIL smanning@lcisinc. Com INSURER(S) AFFORDING COVERAGE NAICt 1835 N. Fine Avenue INSURER A C ress Insurance Company 10855 Fresno CA 93727 INSURED INSURERB: INSURERC: Forster & Kroeger Landscape Maintenance, Inc. INSURERD: 77 Larkspur Street INSURERE: Ste B INSURERF: $an Rafael CA 94901 COVERAGES CERTIFICATE NUM13FR,13/14 WU REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC-r TO AI.,L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF (INSURANCE ADOL S BR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM1DDlYYYY LIMITS GENERAL LIABILrIrY r;fi0; GC;C;CUIdR1ENC;I::: C':CSM0491'i!k'2C:IA�1..C,,IF„':'CIIE:.4=?i'd..e..16'+.I!310_G7.F, Gd'AM.iGETC1 IV'T PID r'�IF7EMIISE::s IC:&9 0.1 GrCAl7uF}I"if:�l ?' C LAMIMS-141A1 II— El '°aC:C,'OJIR MED EXP GAcy one pemony ) GE:::I`UE:::RA'+JI,.. AiGGRE:G/AfE $ PRODUCTS -COMF'IOPAG $ E.,C10...cy f''+E4;TftuT 1 o !F,J AUTOMOBIL E LIABILITY C 1111 DSINGIE LIMIT BODILY IYt9,LJRY Per ps,rsone $ ,0411 Y Al JT 0 e<V11L OVVfrVIH) A�kUUBdY[')Q.flI..C:! J s..r BODILY Ih8.PC1TV V yE' cscc¢ snYp 'I UDCDf'V C}°r"WWUI',4:7 B4IIdV I)A11111k ATC.UtlCps:& &'C7CIT'I"'&dll'"Y C:)f+)vYF04':E UMBRELLA UAB OCCUR EACH OC:C,CURREINC.E:: AGGREGATE $ EXCESS LIAB r,'„L.iUMS40F4I:)1: grt-,:C) 1 1 Ifl-dEIIHION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X Vk�.:tFtiYU.U- Ck'u'I9- "tl'Cip OCv11'Y`S 167 r:[... e aI+n4:r,„II:7LIwx $ 1,000,000 ANro<.Iliari MIG tsari�Il� II x1.rc:,Llrovl�: r+lEllil&�I IN7❑ (Mandatory In NH) NIA 3 0 0 0 65 617-13 1 0/1/2013 0/1/2014 ff„�4., DIu1EASE.:-k...."'�kiiiPviG���l_C7YfE $ 1,000,000 Of yol� n'Na crtllbe undor DESCINIIT10140[I GPI-RA1 CI d":) Ir,zale6wr E E.. c)Is;�"A:ay. Pcal.Ic,Y L I:,w 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule,, If more space Is required) RE: PT. San Pedro Road Medians Routine Landscape Maintenance CERTIFICATE HOLDER CANCELLATION City of San Rafael Attn: Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tacy Manning/ACOMBE ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 pawf;,uml1)°I The ACORD name and logo are registered marks of ACORD CITY OF SAN RAFAEL ROUTING SLIP/ APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4-g DATE OF MEETING: April 7, 2014 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: March 26, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AWARD A CONTRACT FOR THE POINT SAN PEDRO ROAD MEDIANS ROUTINE LANDSCAPE MAINTENANCE TO FORSTER & KROEGER LANDSCAPE MAINTENANCE, INC., IN AN AMOUNT NOT TO EXCEED $31,200 PER YEAR. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: —n4wc L -1d, 94st� City Manager (si nature) NOT APPROVED REMARKS: APPROVED AS TO FORM: 5"" ) �—� �—e t� City Attorney (signature) File No. 03.01.180 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step :responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and U/lgll� endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6_ City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the =' 51 1 L contracting department. To be completed by Contracting Department: Project Manager: `/��,����o�-��,ca Project Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.