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2008/05/27 City Council Resolution 2008-73RESOLUTION NO. 2008-73 A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK AWARDING THE CONTRACT TO COAST LANDSCAPE MANAGEMENT, INC. FOR LANDSCAPE MAINTENANCE SERVICES — ROHNERT PARK SOUTH WHEREAS, the Notice Inviting Sealed Bids was approved by Council on February 26, 2008; WHEREAS, the Project was advertised for bids and bids were opened on April 24, 2008; WHEREAS, bids were received from TruGreen LandCare, Inc., Coast Landscape Management, Inc., and North Bay Landscape Management, Inc.; and WHEREAS, staff has evaluated the bids and recommends awarding the contract to the lowest responsible bidder, Coast Landscape Management, Inc. NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that the bids for the Landscape Maintenance Services — Rohnert Park South are accepted, and the contract is awarded to Coast Landscape Management, Inc. for the amount of $123,859.00 per year for a three -year contract. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the contract upon approval by the City Attorney as to format; 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 May, 2008. CITY OF ROHNERT PARK Mayor ATTEST: y Clerk jiOHNBRP BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CONTRACT CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK SOUTH THIS AGREEMENT, made and entered into this 27th day of May, 2008, by and between Coast Landscape Management, Inc., 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 February 26, 2008, the items and quantities of which are more particularly set forth in the contractor's bid therefor 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 the Public Works Director to proceed with the work and shall diligently prosecute the same through the contract period. 3. PMjnents: 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 an amount of $123,859.00 per year for three (3) years. 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 Bids C) Instruction to Bidders d) Accepted Bid Proposal e) Bid Bond f) Bid Terms and Conditions f) Special Provisions g) Landscape Maintenance Specifications h) Exhibits to Request for Bid i) Certificates of Insurance and Endorsements 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 1773.8 of the Labor Code of the State of California that the payment of travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section of the Labor Code. 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 18 10) 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. 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: Contractor shall comply with Section 1735 of the Labor Code, which provides: "No discrimination shall be made in the employment,of persons upon public works because of race, color, national origin or ancestry, religion, or handicap of such persons, and every contractor for public works violating 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. 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. Indemnity: To the fullest extent permitted by law, contractor shall indemnify, hold harmless, release and defend City, its officers, employees, consultants and volunteers from and against any and all actions, claims, demands, damages, disability, losses, expenses including 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 sole negligence or willful misconduct of 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. 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 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. / 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 <<CONTRACTOR>> (SEAL) (SEAL) ATTEST: APPROVED AS TO FORM: Exhibit 1 INSURER ISO FORM CG 20 10 1185 (MODIFIED) (i) POLICY NO: COMMERCIAL GENERAL LIABILITY ENDORSEMENT NO: 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. 1. The insured scheduled above includes the insured's elected or appointed officers, officials, employees and volunteers. 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 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) Exhibit 2 SUBMIT IN DUPLICATE AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ENDORSEMENT NO. ISSUE DATE(MMIDDIM 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: $ per accident, for bodily injury and property damage. Address: 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. ADDITIONAL INSURED. The City, its officers, officials, employees 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. 2. 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, officials, employees 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, officials, employees and volunteers shall be excess of the Named Insured's insurance and not contribute with it. 3. 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. 4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as: (1) If primary, Insurance Services Office form number CA0001 (Ed. 1187), 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 ❑ REPRESENTATIVE CITY OF ROHNERT PARK 6800 HUNTER DRIVE I (print/type name), warrant that I have authority to bind the above - mentioned insurance company and by my P. O. BOX 1489 signature hereon do so bind this company to this endorsement. ROHNERT PARK, CA 94927 -1489 Signature (original signature required) Telephone: ( ) Date signed: REV. 1193 Exhibit 3 SUBMIT IN DUPLICATE WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY ENDORSEMENT NO. ISSUE DATE(MM/DDIM 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 CLAIMS: 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 bot 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, officials, employees 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 6800 HUNTER DRIVE P. O. BOX 1489 authority to bind the above - mentioned insurance company and by my signature hereon do so bind this company to this endorsement. ROHNERT PARK, CA 94927 -1489 Signature (original signature required) Telephone: ( ) Date signed: REV. 1/93 Exhibit 4 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 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES PRODUCER BELOW. BEST'S COMPANIES RATING COMPANY LETTER A COMPANY LETTER B COMPANY INSURED 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/1'Y) POLICY EXPIRATION DATE (MM /DD/YY) ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ PRODUCTS - COMP /OPS AGGREGATE $ GENERAL LIABILITY PERSONAL & ADVERTISING INJURY $ ❑ COMMERCIAL GENERAL LIABILITY $ ❑ CLAIMS MADE ❑ OCCUR ❑ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ ❑ OTHER MEDICAL EXPENSE (Any one person) $ COMBINED $ AUTOMOBILE LIABILITY SINGLE LIMIT BODILY INJURY $ ❑ ANY AUTO . El ALL OWNED AUTOS Per erson BODILY INJURY $ ❑ SCHEDULED AUTOS .❑ HIRED AUTOS _ Per a=ident ❑ NON -OWNED AUTOS PROPERTY DAMAGE $ El GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE $ ❑ UMBRELLA $ ❑ OTHERTHAN UMBRELLA FORM AGGREGATE STATUTORY ❑ WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYERS' LIABILITY DISEASE- POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ PROPERTY INSURANCE AMOUNT OF INSURANCE $ ❑ COURSE OF CONSTRUCTION DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /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 officials, officers, employees 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. (b) CERTIFICATE HOLDER/ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE CITY OF ROHNERT PARK SIGNATURE 6800 HUNTER DRIVE TITLE P. O. BOX 1489 ROHNERT PARK, CA 94927 -1489 PHONE NO. Rev. 1/9