2015/01/27 City Council Resolution 2015-014RESOLUTION NO. 2015 -014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A CONTRACT WITH MIKSIS SERVICES INC
FOR SANITARY SEWER CLEANING AND VIDEO SERVICES FOR THE DESIGN OF
THE SLIPLINING OF SEWER LINES UNDER CREEKS PROJECT NO. 2014-03
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that
the City's purchasing functions shall be governed by the City's purchasing policy; and
WHEREAS, the City desires to contract for services to clean and video sanitary sewer
lines in various City locations in order to determine the sliplining design of each line; and
WHEREAS, consistent with Government Code Section 4256 and City of Rohnert Park
Purchasing Policy Section 3.6.6(D), staff set forth to identify a qualified team that can assist the
City with the cleaning and video services of the Project; and
WHEREAS, proposals were solicited by the City Council for the cleaning and video
services of the project; and
WHEREAS, two (2) proposals were received by the City Manager and reviewed with the
City Council; and
WHEREAS, Staff recommends authorizing and approving a Contract for the sanitary
sewer cleaning and video services for the design of the Sliplining of Sewer Lines under Creeks
Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the contract of the aforementioned Sliplining of
Sewer Lines under Creeks Project to the most responsive bidder, compatibility and other factors
considered, to wit:
Bidder Name Sanitary Sewer Clean and Video Contingency
Total
Miksis Services Inc $40,110.00 $7.890
$48,000
Healdsburg, CA
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement, including the execution of documents pertaining
to the same for and on behalf of the City of Rohnert Park.
ATTEST:
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�_ Anne Bu Ba�Cityy ,
CITY OF ROIINEIKT PAR.
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Amy O. Ahanotu, .Mayo•
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CITY OF ROIINEIKT PAR.
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Amy O. Ahanotu, .Mayo•
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2015 -014
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CONTRACT
MIKSIS SEVICES INC
CLEAN AND VIDEO SANITARY SEWER LINE
THIS AGREEMENT, made and entered into this 27th day of January, 2015, by and between Miksis
Services Inc., hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ".
WITNESSETH;
WHEREAS, City desires to contract for services to clean and video sanitary sewer lines in
various City locations; and
WHEREAS, Contractor hereby warrants to the City that Contractor is able to provide such
services described in Section 1 of this Agreement; and
WHEREAS, the City has awarded a contract to Contractor for performing the work described
in this Agreement in accordance with the quotation of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scoje of Work: The Contractor shall perform all the work and furnish all the labor,
materials, equipment and services as required to complete all of the work to clean and video sanitary
sewer line in various City locations as are more particularly described in the Scope of Work.
2. Time of Performance: The Contractor shall begin work immediately after official
notice by Director of Public Works, or designee, to proceed with the work and shall diligently
prosecute the same to completion within the scheduled days of that Notice.
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 scope of work and at the unit prices stated in Contractor's
schedule of fees attached as Exhibit B.
The award of the contract is for the quoted amount of forty thousand, one hundred, ten dollars
($40,110.00), allowing for seven thousand, eight hundred and ninety dollars ($7,890.00) contingency
for unforeseen repairs to siphons in the creeks, total amount not to exceed forty eight thousand dollars
($48,000.00).
4. Component Parts: This contract shall consist of the following documents, each of
which are incorporated herein and made a part hereof by reference thereto:
a) Agreement
b) Scope of Work (Exhibit A)
C) Schedule of Fees (Exhibit B)
d) Insurance Requirements (Exhibit C)
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5. Wa ems: 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.
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.
Information relative to number of apprentices, identifications, wages, and 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. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Contractor. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Contractor shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Contractor to secure City's
written authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution, quantum
meruit, etc. for work done without the appropriate City authorization.
9. 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. "
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10. Workmen's Com -ensation 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.
11. 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 sole 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.
12. Insurance: Without limiting contractor's indemnification provided herein, Contractor
shall comply with the requirements set forth in Exhibit C to this agreement.
13. Attorney's 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 party 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 attorney's fees on appeal, if any.
14. 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.
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Any escrow agreement entered into pursuant to this section shall contain as a minimum the
following provisions:
and
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;
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 MIKSIS SERVICES INC
M.
City Manager Title:
Date:
Per Resolution No. 2015- adopted by the Rohnert
Park City Council at its meeting of January 27, 2015.
ATTEST:
By:
City Clerk
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Date:
EXHIBIT A
SCOPE OF WORK
PROJECT MANAGER: All questions to be directed to the City's Project Manager, Warren
Naumann, Public Works Department, 600 Enterprise Drive, Rohnert Park, 707 -585 -3334.
SCOPE OF ESTIMATED WORK: Clean and video sanitary sewer lines at various City locations:
Line 183 (Fairway) 209' of 14" Straight $2,200.00
Line 194 (Fauna) 400' of 6" 1,570.00
Line 142 (Hillview) 217' of 8" Siphon 7,510.00
Line 1386 (Executive Ct.) *Night Work 307' of 27" 3,190.00
Line 378 (Evonne) 147' of 6" Siphon 4,480.00
Line 1738 (State Farm) 147' of 8" Siphon 4,230.00
Line 1689 (Hwy. 101 Ramp) 359' of 21" 3,190.00
Line 2557 (San Mateo) 293' of 6" Straight 1,200.00
Line 2067 (Country Club) 230' of 10" Siphon 7,160.00
Line 1956 (Commerce) 325' of 18" 1,720.00
Line 1252 (Lunar Ct.) 250' of 12" Straight 3,660.00
Line 2357 Wait — per Warren (To be abandoned)
RESPONSIBILITY OF CITY OF R01 NERT PARK: To provide contractor with specific detail
and specifications of expectations of work to be performed, to inspect work in progress in a
responsible and reasonable manner.
City will provide a water source, suitable for supporting pipe cleaning at or near the jobsite.
Any necessary traffic control measures other than basic cones & signage shall be provided by the
City.
City will provide a dumpsite as well as an equipment and materials staging area.
RESPONSIBILITY OF CONTRACTOR: To perform work in compliance with the City of Rohnert
Park. To adhere to the specifications set forth in the contract.
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CHANGES: The City may at any time, by giving fifteen (15) days written notice, delete or add to
the scope of the work as set forth in the specifications. If such changes cause an increase or
decrease in the amount due under the Contract, an equitable adjustment shall be made and the
Contract amended in writing accordingly. Changes in the scope of five percent (5 %) or less per bid
item, shall not be cause for adjustment.
DAMAGE TO EXISTING PROPERTY: The contractor will be held responsible for any damage to
existing real property, work, materials or equipment because of his operations and shall repair or
replace any damaged real property, work, or materials or equipment to the satisfaction of, and at no
additional cost to, the City.
The Contractor shall observe all pertinent safety practices and comply with any applicable safety
regulations.
DEFECTIVE WORK: If the City representative finds that repairs or changes are required in
connection with this Contract, which in the opinion of the City representative are rendered
necessary as the result of the use of materials, equipment or workmanship which are inferior,
defective or not in accordance with the terms of the Contract, the Contractor shall, within five (5)
days upon receipt of notice from the City representative, place in satisfactory condition in every
particular all of such work, correct all defects therein and make good all damages.
SUPERVISION: The Contractor shall arrange for satisfactory supervision of all contract work.
The Contractor or Contractor's supervisors shall be available at all times when the contract work is
in progress and during the day to receive instructions from the City representative.
Contractor will provide a phone number where Contractor or Contractor's representative can be
reached on weekends and evenings. Contractor agrees to return any phone call within one (1) hour
of receipt. Repeated Failure to retu1•11 Said calls within the specified period will result in a one
percent (1 %) penalty on the current invoice. Chronic failure to abide with this requirement will be
grounds for cancellation of the contract.
INSPECTION: The Contractor shall accompany the City's representative on non - scheduled
inspection tours of the specific areas when requested by the City representative.
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EXHIBIT B
SCHEDULE OF FEES
Line 183 (Fairway) 209' of 14" Straight
$2,200.00
Line 194 (Fauna) 400' of 6"
$1,570.00
Line 142 (Hillview) 217' of 8" Siphon
$7,510.00
Line 1386 (Executive Ct.) *Night Work 307' of 27"
$3,190.00
Line 378 (Evonne) 147' of 6" Siphon
$4,480.00
Line 1738 (State Farm) 147' of 8" Siphon
$4,230.00
Line 1689 (Hwy. 101 Ramp) 359' of 21"
$3,190.00
Line 2557 (San Mateo) 293' of 6" Straight
$1,200.00
Line 2067 (Country Club) 230' of 10" Siphon
$7,160.00
Line 1956 (Commerce) 325' of 18"
$1,720.00
Line 1252 (Lunar Ct.) 250' of 12" Straight
$3,660.00
Line 2357 Wait — per Warren (To be abandoned)
$.00
QUOTE TOTAL
$40,110.00
CONTRACT NOT TO EXCEED $48,000.00
SEE MIKSIS SERVICES INC. QUOTE ATTACHED AS PART OF EXHIBIT B
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EXHIBIT C
(Insurance Requirements)
The following parties or entities shall be listed as additional insured by endorsement: The City of
Rohnert Park, its officers, elected officials, employees, agents and volunteers. Contractors shall
procure and maintain for the duration of the contract insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of
such insurance shall be included in the Contractor's bid. The Notice to Proceed with the work will
not be issued, and the Contractor shall not commence work, until such insurance has been approved
by the City. Such insurance shall remain in full force and effect at all times during the prosecution
of the Work and until the final completion and acceptance thereof. In addition, the Commercial
General Liability Insurance shall be maintained for a minimum of five (5) years" after final
completion and acceptance of the Work. It shall be the Contractor's responsibility to ensure that
proof of insurance is sent to the City during this time. The Notice to Proceed does not relieve the
Contractor of the duty to obtain such insurance as required herein.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence Form
CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, Code 1 "any auto" or the exact equivalent. If Contractor owns no vehicles,
this requirement may be satisfied by a non -owned auto endorsement to the general
liability policy described above. If Contractor or Contractor's employee(s) will use
personal autos in any way on this project, Contractor shall provide evidence of
personal auto liability coverage for each such person.
3. Workers' Compensation and Employers Liability: Workers' Compensation on a state -
approved policy form providing statutory benefits as required by law with
employers' liability insurance, with minimum limits of One Million Dollars
($1,000,000) per occurrence.
a. The insurer shall waive all rights of subrogation against the City.
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 Subsection (b) of Section 2782 of the Civil Code.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
Commercial General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage and $2,000,000 general aggregate. It is
permissible to use excess /umbrella coverage to meet limit requirements provided the
umbrella policies are appropriately endorsed and meet all other requirements.
Additionally, a letter clearly identifying the primary policy or policies to which the
excess umbrella coverage applies shall be submitted attesting to the following:
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"Umbrella or excess liability policies shall provide coverage at least as broad as
specified for underlying coverage's and covering those insured in the underlying
policies. Coverage shall be `pay on behalf", with defense costs payable in addition
to policy limits. There shall be no cross liability exclusion of claims or suits by one
insured against another. "
2. Automobile Liability: $2,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation providing
statutory benefits as required by the Labor Code of the State of California with
employers liability insurance, with minimum limits of $1,000,000 per accident or
disease.
C. Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its officers, elected officials, employees, agents, and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage's
a. The City, its officers, elected officials, employees, agents and volunteers are
to be covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Contractor, including the insured's general
supervision of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, elected officials, employees, agents or
volunteers.
b. The Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, elected officials, employees, agents and volunteers.
Any insurance or self - insurance maintained by the City, its officers, elected
officials, employees, agents or volunteers shall be in excess of Contractor's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, elected officials, employees,
agents or volunteers.
d. The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employers Liability Coverage
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The insurer shall agree to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents and volunteers for losses arising from work
performed by Contractor for the City.
All Coverage's
a. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
b. 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 Subsection (b)
of Section 2782 of the Civil Code.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than ANII or as
approved by the City.
F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be on forms provided by
the City. Where by statute, the City's workers' compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
G. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage's for
subcontractors shall be subject to all of the requirements stated herein.
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