HomeMy WebLinkAboutCC Resolution 11096 (Andersen Dr. Re-bid Project)RESOLUTION NO. 11096
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AWARDING THE CONTRACT TO TRUGREEN
LANDCARE FOR LANDSCAPE MAINTENANCE FOR
ANDERSEN DRIVE REBID PROJECT IN THE AMOUNT OF
$37,818.00
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, on the 7`" day of May, 2002, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine and declare all sealed bids or proposals for doing the
following work in said City, to wit:
"LANDSCAPE MAINTENANCE CONTRACT -ANDERSEN DRIVE REBID"
PROJECT NO. 001-44-47001-9270
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the bid of Trugreen Landcare was and is the lowest and
best bid for said work and said bidder is the lowest responsible bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED
that the bid of Trugreen Landcare and the same is hereby accepted at said bid and that
the contract for said work and improvements be and the same is hereby awarded to said
Trugreen Landcare at the price mentioned in said bid.
a\°
ORIGINAL. \\Q$
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the
City Clerk of said City be authorized and directed to execute a contract Trugreen
Landcare 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 snake 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 201h day of May, 2002, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/GS �� G - �2�c9 .Z
� ,,e JEANNE M. LEONCINI, City Clerk
File No.: 21.01.58
City of San Rafael • California
Form of Contract Agreement
for
LANDSCAPE MAINTENANCE CONTRACT
ANDERSEN DRIVE REBID
This Agreement is made and entered into this 20th day of May, 2002 by and between
the City of San Rafael (hereinafter called City) and TruGreen LandCare (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 Rebid, 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 five (5)
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 onsite, this is especially important when
applying pesticides.
(d) At the discretion of the City and with the Contractor's consent, this Contract can
be renewed for one (1) year additional terms for up to a total of five (5) years at the
same costs plus 3%cost of living increase per annum. If the Contractor does not
wish to renew the Contract at the end of the term, or any renewal term therof, the
contractor must give the City notice at least one (1) month prior to the expiration
date of the Contract or renewal period.
(e) It is agreed that, if all the work required by the contract is not fmished 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.
AGREEMENT • 1
ITEM, DESCRIPTION
1 Maintenance of Andersen Drive per
Maintenance Manual for one
Calendar year from date of
written authorization to begin
SUB TOTAL 1
2 Plant Replacement Costs
12.1 Trees 3 inch Caliper
12.2 Tree 24 inch Box
12.3 Tree 15 gallon
12.4 Shrub 5 gallon
12.5 Shrub 1 gallon
12.6 Vines 5 gallon
12.7 Ground covers 1 gallon
12.8 Topsoil
12.9 Redwood Mulch
SUB TOTAL 2
3 1 Irrigation Repair Costs
13.1 Main line and wiring repair
13.2 Lateral line repair and
head and bubbler repair/replacement
1 SUB TOTAL 3
Grand Total Bid (1+2+3,)
V - Progress Payments
QUANTITY UNITS UNIT PRICE
One $20,713.00
Year
1
1 EA
3
EA
5
EA
10
EA
15
I EA
10
I EA
20
EA
5
C.Y.
200
C.Y.
20
Man hrs.
40
I Man hrs.
$500.00
$185.00
$75.00
$27.50
$10.00
$30.00
$10.00
$70.00
$60.00
TOTAL
$20,713.00
$20,713.00
$500.00
$555.00
$375.00
$275.00
$150.00
$300.00
$200.00
$350.00
$12,000.00
$14,705.00
$40.00 $800.00
$40.00 $1,600.00
$2,400.00
$37,818.00
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.
AGREEMENT • 2
CITY OF SAN RAFAEL
MAYOR
Albert J. Boro
Department of
COUNCIL MEMBERS
Paul M. Cohen
Public Works
10
Barbara Heller
Cyr Miller
Gary Phillips
INSURANCE REQUIREMENTS SHEET
SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY
PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS)
The City of San Rafael requires that all Contractors and Subcontractors performing work under
a Public Works contract with the City, carry workers' compensation insurance, public liability
insurance and property damage insurance. The public liability insurance and property damage
insurance shall insure the City, its elective and appointive Boards, Commissions, Officers,
Agents and Employees, as follows:
Public Liabilitv: Not less than $1,000,000 per person and
$5,000,000 for one occurrence.
Property Damaae: Not less than $1,000,000 for one occurrence.
The required insurance may be provided by a separate policy insuring the City, its elective and
appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already
has insurance, he may provide the City with the required insurance by submitting a certificate
of insurance and a standard form of additional insured endorsement. For this latter purpose,
the City will accept the following:
"IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, its
officers, agents and employees, are additional insureds hereunder but only as
respects liability arising out of the land and/or property and/or work described
in the Public Works contract for the project entitled, Landscape Mainteance
Contract Andersen drive Rebid between the City of San Rafael and
TruGreen LandCare
North Bay Branch
930 Shiloh Road
Building 44, Suite B
Windsor, CA 95492
for the work and the improvements described therein."
Evidence of satisfactory insurance must be furnished to the City at the time of the execution of
the Public Works contract together with evidence that the insurance carrier will not cancel or
reduce the coverage of the policy without first giving the City at least thirty (30) days prior
notice. Such notice shall be sent to:
CITY OF SAN RAFAEL
DEPARTMENT OF PUBLIC WORKS
P. O. BOX 151560
SAN RAFAEL, CA 94915-1560
File No. 21.01.58
(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:
Jeh,hne M. Leoncini
City Clerk
APPNV PAS O
ry T. Raggh ti
City Attorney
File No. 21.01.58
CITY OF AN RAFAEL:
Al ertlboro r
Mayor
CONTRACTOR:
��, PT
for I VU.&C C-0—
AGREEMENT • 3
PERFORMANCE AND
PAYMENT BOND
Bond Number 103265903451
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06156
KNOW ALL MEN BY THESE PRESENTS, THAT,
TRUGREEN LANDCARE A CALIFORNIA GENERAL PARTNERSHIP
(hereinafter called the Principal), as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Connecticut with its principal office In the City of
Hartford, Connectkut (hereinafter called the Surety), as Surety, are held and firmly bound unto
CiTY OF SAN RAFAEL
(hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use In the
prosecution of the work hereinafter named, In the just and full sum of
Thirty Seven Thousand Eight Hundred Eighteen and 00/100
($ 37,818.00 ) Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind
themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written contract with the Owners, dated the 20th day of
May ,2002 , for "Landscape maintenance contract Andersen Drive Rebid"
THE TERM OF THIS BOND SHALL BE FROM 5/20/02 to 5/20/03, WITH AN OPTION TO RENEW .
EACH YEAR UP TOFIVE YEARS.
HE IF THE P3R0INCAIyPAL QOR THE SURETY ELECT TO NONRENEW THE CONTRACT
which contra( is hereby Eref io and En ade a orf fierDeef as uily W to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that H the said Principal shall fully indemnify
the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under
the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and
If the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the
prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this Instrument in
his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void,
otherwise to remain in full force and effect.
PROVIDED. HOWEVER, that no action. suit or proceeding shall be had or maintained against the Surety on this
Instrument unless the some be brought or instituted and process served upon the Surety within two years after
completion of the work mentioned In said contract, whether such work be completed by the Principal, Surety or Owner,
but if them is any maintenance period provided to the contract for which said Surety Is liable, an action for maintenance
may be brought within two years from the expiration of the maintenance period, but not afterwards.
IN WITNESS WHEREOF the said Principal and Surety and signed and sealed this instrument this 20th day of
May , 2002 .
PARTNE EN LANDCARE A CALIFORNIA GENERAL (SEAL)
W &1ali--1 A�1 (SEAL)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By -
la ,%a
u a Hall Attomey-In-Fact
3-171743-1 (074M
DESIGNATION OF REPRESENTATIVE
I, Robert C. von Gruben, Vice President and Secretary of TruGreen LandCare L.L.C.,
general partner of TruGreen LandCare, a California general partnership ("Company"), do hereby
authorize and direct William Wainscott, Director of Risk Management, 860 Ridge Lake
Boulevard, Memphis, Tennessee 38120, to represent the Company to execute any and all bonds
issued on behalf of the Company, with full authority to execute the bond documents under the
terms he deems advisable.
TRUGREEN LANDCARE, a California general
partnership
By: TruGreen LandCar L.C., general partner
6By: �Aq;3
Robert C. von Gruben
Vice President and Secretary
Dated: February 7. 2002
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 13th day of August, 2001.
STATE OF CONNECTICUT
)SS. Hartford
COUNTY OF HARTFORD
S Y ANp 8 GASUA
u
HAFiiFORO. T= a HARTFORD, s� O 1982 o
W CONN. o Z • S
y
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 13th day of August, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
1
-10--y
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
'I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
State of TENNESSEE
County of SHELBY
On this day of /V, 2002, before in ersonally appeared PAULA HALL,
known to me to be the Attorney -Fact of TRA
VELE $ AND SURETY COMPANY.
OF AMERICA, the corporation that executed the wi rum d acknowledged to me that
such corporation executed the same. j Notary
ob c 0
IN WITNESS WHEREOF, I have hereunto set my a and kfftxed in o 1cial seal, at my office in
the aforesaid county, the day and year in this certific £wtlile919 1 a,
(Notary Public)
CERTIFICATE NUMBER
CHI -000840497-00
PRODUCER THIS CERTIFICATEIS ISSUED AS A MATTER OP INFORMATION ONLY AMD COM►ERS
MARSH USA INC. NO RIGHTS UPON TME CERTIFICATE MOLDER OTHER THAN THOSE PROVIDED W THE
500 West Monroe Street POLICY. THIS CENTMATI DOES NOT AMEND. FXTEHo OR ALTER THe COVERAGE
Chicago, IL 60661-3630 AFFORDED BY THE POLICIES DESCRRIED MSREIN.
AW: Lola H. Davis (312) 627.6379 I COMPANIES AFFORDING COVERAGE
COMPANY
-LAND-22221-00/03 8146 A ZURICH AMERICAN INSURANCE CO
INSURED COMPANY
TruGreen LandCare, a General Partnership I B AMERICAN -ZURICH INSURANCE COMPANY
P.,O. Box 17167
Me-Tphis, TN 38187 COMPANY
C ILLINOIS NATIONAL INSURANCE COMPANY
COMPANY
D
IN i
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE OESCRIIED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEAEN FOR THE POLICY PERIOD NDICATEQ
NOTVATHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NM RESPECT TO WitCH THE CERTIPIGTE MAY eE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TEAMS, CONDMONS AND EXCLUSIONS OF SUCH POLICMS. LIMITS SNIONM
MAY HAVE SEEN REDUCEO EY PAID CLAIMS,
CO TYPE of INSURANCE POLICY NUMBER POLICY EPPECTNE POLICY EXPIRATION
LTR DATE (MMIDDNY) DATE (M WOD" LIMITS
A OENERALUAENUTY GLO2936328-00 01101/00 01/01/03 GENERAL AGGREGATE S 5,000,000
X COMMERCIAL OENERAL LIABILITY
�y� PRODUCTS -COWICIPAGG 00
S 1,0,000
CLABLSMAOE L._J OCCUR I PRItSONALSADVINJURY $ 1,000,000
OWNERS A CONTRACTORS PROT I EACH OCCURRENCE is 1,000.000
FIRE DAMAGE (Any ar fotIS
5.000 S 1.000.000
_ I Al
A AJ bMOIILE LIABILITY BAP 2938531-00(AOS) 01101100 01/01103 MED F�tP rMy Ons Odna
I
X
ANY AUTO BAP 2938530.2938530-00(VA)COMBINED SINGLE LIMIT S 1,000,000A) 01101/00 01101/03
=
ALL OVMED AUTOS TAP 2938529-00(TX) 01/01/00 01/01/03 BODILY INJURY
SCHEDULED AUTOS (PMPW*-) S
— HIRED AUTOS
— eooNLv INJURY S
NON -OWNED AUTOS (PW mccm l)
PROPERTY DAMAGE I S
GARAGS LIABILITY AUTO ONLY - EA ACCIDENT I $ ;mss
ANY AUTO I OTHER THAN AUTO ONLY: jri►iylgNN
EACH A=ZiomT S
C E:cEssuAwury 8E 3097907 AGGREGATE 1 $
01/01/00 01101103 EACH OCCURRENCE IS 5.000.000
UMBRELLJ► FORM I AGGREGATE S 5,000,000
OTMIJt TNUW UMBRELLA FORM I S
A w0 ;� -.. J AND WC 2931)525-00(AOS) 01101100 01/01/03 IX I TOORRYLIMITS I LII
EMILOIlRS' Wla1LITY
B WG 2038526-00(IL) 01/01/00 01101103 EL EACH ACCIDENT s 11000.000
A THE PROPRIETOIU INCL WC 2938527-00(m) 01/01/00 01/01/03 � EL DIMASE.POLICY LIMIT Is 1,000.000
PARrNERVEXECUTNE
OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEES 1,000.000
OTHER
OFA%hUPTION OF OPERATIONSADCATIONSMNICLESMPECIAL ITEMS OMITS MAY RE SULIECT TO DEDUCTIBLES OR RETENTIONS)
Re: landscape Maintenance contract - Anderson Drive Redd
Cross Lia:ility Coverage/Severalility of Interest clause applies - per ISO Separation of insurance (GAL)
The City of San Rafael, its officers agents and employees are additional insureds for which the na-med insured has agreed to provide this coverage Under
written contract/as respects Iia : ility arising out of the )and and/or property and/or work descried in fha Pudic works Contract for the project alllidad.
AHOULO AW Of THA P011CM DEAGRIlW M IN W cANCOLM OMM M COVAUM CAU 11IM1lCP,
THE IIlIJtIER AFFOIIOIIO cmAmSE mL EDWAVU IAL m DAYS wA mm NOTICE TO THE
City of Sa: Rafael COMFMATE HOUER NAMED NFREIN. Arl M MMW IS
Departme:t of Public Works
P.O. Box 151560
Sa_ Rafael. CA 94915-1%0
MARSH USA INC.
BY: Kevin M. Brogan
"Wdmwom (I>d$
Department of Public Works
P.O. Box 151560
San nal"l, CA 94915.1550
f'i"w11,641;11 Jaw.. biiSl9dWii+NlduiiilliOEM
INCLtMRS COPYRIGHTED MATHRTAL OF ACORD CORPORATION WITH ITS PZPMXSSION.
OAT[l WDONY)
05/28/02
raaoucER
COMPANIES AFFORDINt3 COVERAGE
M.'1RS: I US.1 INC.
500 West Monroe Street
COMPANY
Chicago, IL 80561.3630
E
.1ttn: Loll :1. Dada (312) 627.6579
COMPANY
F
-LAND-22221.00/03 6146
INSURGO
TruGraen LandCare, a General Partnership
COMPANY
P.O. Box 17187
G
Memphis, TN 38187
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION:
Landscape maintenance Contract Andersen Drive Rebid - CG20261185
Department of Public Works
P.O. Box 151560
San nal"l, CA 94915.1550
f'i"w11,641;11 Jaw.. biiSl9dWii+NlduiiilliOEM
INCLtMRS COPYRIGHTED MATHRTAL OF ACORD CORPORATION WITH ITS PZPMXSSION.
eo'd Thiol
POLICY NUMBER: GLO 2938528-00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of San Rafael, its officers, agents and employces
If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSUREb (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you.
It is further agreed that such insurance as is afforded by this policy for the benefit of the above additional
insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured's
operations, and any other insurance maintained by the additional insured(s) shall be excess and non-contributory
with the insurance provided hereunder.
CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1994