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HomeMy WebLinkAboutCC Resolution 13698 (Pt. San Pedro Medians Landscape Maintenance)RESOLUTION NO. 13698 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. WHEREAS, on March 26, 2014, 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: "Point San Pedro Road Routine Landscape Maintenance" City Account No. 234-44-11103-9270 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Forster & Kroeger Landscape Maintenance, Inc., at the unit prices stated in its bid was the lowest responsible and responsive bid for said work; and WHEREAS, there are sufficient balances in the Pt. San Pedro Road Median Landscaping Assessment District Operation and Maintenance Fund to provide funding for this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Public Works Director is authorized to execute a renewable contract with Forster & Kroeger Landscape Maintenance, Inc. in a form approved by the City Attorney, for said work and to return the bidder's bonds and cashiers checks upon the execution of said contract. 2. At the discretion of the Public Works Director and with the contractor's consent, this contract can be renewed up to three additional two year terms at the same costs with adjustments as warranted by changes in the Consumer Price Index (CPI). 3. Funds will be appropriated in the Pt. San Pedro Maintenance Portion Special Revenue Fund to support the activity performed under this contract. 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, 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 City Council of said City held on Monday, the 7`h day of April, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: File No.: 03.01.180 Bushey, Colin, Connolly and Mayor Phillips None McCullough ESTHER C. BEIRNE, City Clerk City of San Rafael ♦ California Form of Contract Agreement for Point San Pedro Road Medians Routine Landscape Maintenance Citv Account No. 234-44-11103-9270 This Agreement is made and entered into this Igfw day of A"I L , 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 I Quantity I Unit Unit Price Total Price 1 I Monthly Routine Maintenance 12 Month @ $2,600 1 = 1 $31,200 Grand Total = 1 $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. Be . �irne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 03.01.180 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director FORSTER & ROMER LANDSCAPE MAINTENA "'E, INC. By Printed Name: ` CTV l Ga 1-C' l C, Title: -Qu(a (Z VA 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 specifically 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 Po icy 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 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, and Medians Routine Landscape Maintenance Employees (Excluding Professional Liability) Information rer:iuired to complete this schedule, if not shown above, will be shown in the Declarations. A. Section II —Who is An Insured is amended to un&ude 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. E. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to "bodiily injury"' or "property damage: occurring after. 1. All work, including mater4s, parts or equip-ment furnished in connectuon 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 prince -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 11 0 DATE (MMIDDIYYY CERTIFICATE OF LIABILITY INSURANCE I 4/15/2014 Y) 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 REPRESENTA71VE 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 Landscape Contractors (Lic#0755906) A1c fJe.Ext): (559) 650-3555 I FAX (A/C. (559)650-3558 Insurance Services, Inc. EMAIL ADORESsmanning@lcisinc.com S• 1835 N. Fine Avenue INSURER(S) AFFORDING COVERAGE NAIC s Fresno CA 93727 INSURERA:Cypress Insurance Company 10855 INSURED INSURER B : Forster & Kroeger Landscape Maintenance, Inc. INSURERC: 77 Larkspur Street INSURERD: Ste B INSURER E : San Rafael CA 94901 INSURERF: COVERAGES CERTIFICATE NUMBER:13/14 WC 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. 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVn POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYYI GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED aOd'!IIMI'i;.l'•''^')I,"•I. ".4PlHHsrLII.I111HIIIIII IPREMISES (Ea otcurren,.el $ I III I MED ERP (Any one person) $ _ I PERSONAL 8 ADV INJJR'r � GENERAL AGGRE,_ATE $ GENT III it V UE'IPffll I PRODUCTS-COMP/1 PAG'_ $ pJI") 6 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 'tU.lrf"",:' I BODILY INJUP(:Perpers n) $ p BODILY INJURi Perxa_idenq $ Ilulhl';'/+ PROF'ERTYDAMAGE u4111d1,l":)'.I,.Uf:,3 I (Per accident l $ UMBRELLA LIIAB EXCESS LIAR I n $ I'..!II;rV 1 I I I'I'rrll'rc,Bli 1.11'!, :( 'tl A WORKERS COMPENSATION X Ir II "III Y/tl f V�Ur� , I .I1I r, AND EMPLOYERS LIABI PYIN srv,El- 1 I''I°I I ' �1,000,000 .I I N/A 330006567-131 10/1/2013 10/1/2019 I,MandatorylnNH) ,I " IRI 'V 0rlE 1,000,000 vnd,g F.1 11::E"":,I'":, L..; u.A'41 I 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: PT. San Pedro Road Medians Routine Landscape Maintenance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Department of Public Works AUTHORIZED REPRESENTATIVE P.O. Box 151560 San Rafael, CA 94915-1560 Stacy Manning/ACOMBE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 ;:' The ACORD name and logo are registered marks of ACORD