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2010/07/27 City Council Resolution 2010-80RESOLUTION NO. 2010-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AWARDING THE CONTRACT FOR THE PARKS LED STREET LIGHT REPLACEMENT PROJECT TO HANNIBAL'S ELECTRIC (CITY PROJECT NO. PWCS 2010 -01) WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2010- 65 on June 15, 2010, approving the plans and specifications for the Parks LED Street Light Replacement Project (Project); and WHEREAS, the Project was publicly advertised in accordance with the requirements set forth in the State of California's Public Contract Code; and WHEREAS, four responsive bids were received which were opened on July 8th, 2010 and reviewed by the Department of Public Works & Community Services; and WHEREAS, California law requires that bids be awarded to the lowest responsive, responsible bidder; and WHEREAS, Hannibal's Electric submitted the lowest responsive, responsible bid. NOW, THEREFORE, be it resolved that the bids for the Parks LED Street Light Replacement Project are accepted, and that the contract is awarded to Hannibal's Electric for the amount of $49,598.00. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this contract in substantially similar form to the attached contract for and on behalf of the City of Rohnert Park; and is also authorized to approve cumulative contract change orders up to ten percent (10 %) of the value of the original contract. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of July, 2010. ATTEST: SS Clerk CITY OF ROHNERT PARK Mayor IIrort:ip BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) 00520 Sample Contract CONTRACT Parks LED Street Light Replacement PROJECT NO. PWCS 2010 -01 Page 33 of 183 THIS AGREEMENT, made and entered into this day of ' 20 by and between Hannibal's Electric, hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor shall perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on , the items and quantities of which are more particularly set forth in the Contractor's bid therefore on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance and Liquidated Damages: The Contractor shall begin work within fifteen (15) calendar days after official notice by Director of Public Works to proceed with the work and shall diligently prosecute the same to completion within 73 calendar days of that Notice. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council shall have authorized, the Contractor shall pay to the City liquidated damages in the amount of $500 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $49,598.00. 00521 Sample Contract Page 34 of 183 4. Component Parts: This contract shall consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings 5. Wage Scale: Pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be complied with. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. 6. Hours of Labor: The Contractor shall forfeit, as penalty to said City, Twenty -five Dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the Labor Code of the State of California. 7. Apprentices: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the rules and procedures of the California Apprenticeship Council, properly indentured apprentices. shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. In no event shall the ratio be less than one apprentice for each five journeymen unless a certificate of exemption has been issued by the Division of Apprenticeship Standards. Willful failure by the Contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public works contract for a period of six months from the date the determination is made. 00521 Sample Contract Page 35 of 183 Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. 8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 10. Indemnify: To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this Agreement. 11. Insurance: Without limiting contractor's indemnification provided herein, Contractor shall comply with the requirements set forth in Exhibit B to this agreement. 12. Attorneys Fees: In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be 00521 Sample Contract Page 36 of 183 performed or kept, the parry prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section shall include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Any escrow agreement entered into pursuant to this section shall contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and C. The termination of the escrow upon completion of the contract. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK HANNIBAL' S ELECTRIC City Manager Date Name /Title Date Per Resolution No. 2010 -80 adopted by the Rohnert Park City Council at its meeting of July 27, 2010. ATTEST: City Clerk 00521 Sample Contract APPROVED AS TO FORM: City Attorney INSURER POLICY NO: ENDORSEMENT NO: Section 00521 Certificate of Insurance Page 39 of 183 ISO FORM CG 20'10 11 85 (MODIFIED) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization: (If no entry appears above, the information required to complete this endorsement will 'be shown in the Declarations as applicable to this endorsement). WHO IS INSURED (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" performed for that insured. Modifications to ISO for CG 20 10 11 85 1. The insured scheduled above includes the insured's elected or appointed officers, elected officials, employees, agents and volunteers. 2. This insurance shall be primary as respects the additional insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Additional Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Additional Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. 3. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Signature- Authorized Representative Address CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified) Page 41 of 183 Exhibit 2 SUBMIT IN DUPLICATE AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ENDORSEMENT NO. ISSUE DATE(MM/DDIYY) FOR CITY OF ROHNERT PARK (the "City ") PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE ❑ Included in Limits ❑ In Addition to Limits ❑ Deductible ❑ Self- Insured Retention (check which) of $ Telephone NAMED INSURED APPLICABILITY. This insurance pertains to the operation and /or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❑ in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS /PERMITS TYPE OF INSURANCE OTHER PROVISIONS ❑ COMMERCIAL AUTO POLICY ❑ BUSINESS AUTO POLICY ❑ OTHER LIMIT OF LIABILITY CLAIMS: Underwriter's representative for claims pursuant to this insurance. Name: Address: $ per accident, for bodily injury and property damage. Telephone: ( ) In of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: ADDITIONAL INSURED. The City, its officers, elected officials, employees, agents and volunteers are included as additional insureds with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for which the Named Insured is responsible. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy shall: (a) be primary insurance as respects the City, its officers, elected officials, employees, agents or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self - insurance maintained by the City, its officers, elected officials, employees, agents and volunteers shall be excess of the Named Insured's insurance and not contribute with it. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. SCOPE OF COVERAGE. This policy affords coverage at least as broad as: (1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ( "any auto "); or (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1). Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER AUTHORIZED ❑ Broker /Agent ❑ Underwriter O REPRESENTATIVE CITY OF ROHNERT PARK 130 AVram Avenue I (print/type name), warrant that I have authority to bind the above - mentioned insurance company and by my ROHNERT PARK, CA 94928 signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( ) Date signed: Nnv. vac Page 43 of 183 Exhibit SUBMIT IN DUPLICATE WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY ENDORSEMENT NO. ISSUE DATE(MM/DD/YY) SPECIAL ENDORSEMENT FOR CITY OF ROHNERT PARK (the "City ") PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) OTHER PROVISIONS Telephone NAMED INSURED CLAI MS: Underwriter's representative for claims pursuant to this insurance. EMPLOYERS LIABILITY LIMITS Name: $ (Each Accident) Address: $ (Disease - Policy Limit) $ (Disease - Each Employee) Telephone: ( ) In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. CANCELLATION NOTICE. This insurance shall not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION. This insurance Company agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City. Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER AUTHORIZED ❑Broker /Agent ❑ Underwriter ❑ REPRESENTATIVE CITY OF ROHNERT PARK I (print/type name), warrant that I have I3O AVram Avenue authority to bind the above - mentioned insurance company and by my signature hereon do so bind this company to this endorsement. ROHNERT PARK, CA 94928 Signature (original signature required) Telephone: ( ) Date signed: Ktv. 1/93 Page 45 of 183 ISSUE DATE MM/DD/YY) CERTIFICATE OF INSURANCE CITY OF ROHNERT PARK (the "City ") THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT PRODUCER AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BEST'S COMPANIES RATING COMPANY LETTER A COMPANY LETTER B INSURED COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERALAGGREGATE $ PRODUCTS- COMPIOPS AGGREGATE. $ GENERAL LIABILITY PERSONAL & ADVERTISING INJURY -- $ ❑ COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE ❑ OCCUR EACH OCCURRENCE $ O OWNER'S & CONTRACTOR'S PROT. O OTHER FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ COMBINED - $ AUTOMOBILE LIABILITY SINGLELIMIT ❑ ANY AUTO BODILY INJURY $ O ALL OWNED AUTOS (Per person) ❑ SCHEDULED AUTOS BODILYINJURY (Per accident) $ • HIRED AUTOS - • NON -OWNED AUTOS PROPERTY DAMAGE $ • GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE $ ❑ UMBRELLA AGGREGATE $ O OTHER THAN UMBRELLA FORM STATUTORY O WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE - POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $ PROPERTY INSURANCE ❑ COURSE OF CONSTRUCTION AMOUNT OF INSURANCE $ DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above - described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below. 2. The City, its officers, elected officials, employees, agents and volunteers are added as insureds on all liability insurance policies listed above. 3. It is agreed that any insurance or self - insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on the property insurance policies described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against the City. 6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. CERTIFICATE HOLDER/ AUTHORIZED REPRESENTATIVE ADDITIONAL INSURED SIGNATURE CITY OF ROHNERT PARK 130 Avram Avenue TITLE PHONE No. ROHNERT PARK, CA 94928 rcev. ua:s