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2011/12/13 City Council Resolution 2011-118RESOLUTION NO. 2011 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING PROJECT PLANS AND SPECIFICATIONS AND AWARDING THE CONTRACT FOR CLEANING OF TANK #'S 1 THROUGH 7 TO AQUA -TECH COMPANY WHEREAS, Ladder Replacement of Tank #'s 1 & 2 including Cleaning of Tank #'s l through 7 ( "Project ") is a project in the Five -Year Capital Improvement Program adopted by the City Council on June 28, 2011; and WHEREAS, pursuant to a Task Order dated June 20, 2011, executed under a Master Agreement dated February 25th, 2011, Brelje and Race Consulting Engineers has designed and produced project plans and specifications for the Project; and WHEREAS, on August 26, 2011, the Project was publicly advertised in accordance with the requirements set forth in the State of California's Public Contract Code; and WHEREAS, two responsive bids were received and opened on September 22, 2011 and reviewed by the Department of Public Works and Community Services; and WHEREAS, California law requires that bids be awarded to the lowest responsive responsible bidders; and WHEREAS, Aqua -Tech Company submitted the lowest responsive and responsible bid for the Cleaning of Tank #'s 1 through 7 ( "Tank Cleaning "). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the plans and specifications for the Tank Cleaning, accept the bids for the Tank Cleaning, and approve the award of the contract for the Tank Cleaning ( "Tank Cleaning Contract ") to Aqua -Tech Company in the amount of $24,899.94. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute for and on behalf of the City of Rohnert Park the Tank Cleaning Contract in substantially similar form to the attached contract; is further authorized to approve cumulative contract change orders up to ten percent (10 %) of the value of the original contract; and is further authorized to delegate to his designee approval authority for cumulative project progress payments up to the contract amount, including the change orders authorized in this Resolution. DULY AND REGULARLY ADOPTED this 13th day of December, 2011. CITY OF ROHNERT PARK AHANOTU AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: A AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CONTRACT Cleaning of Interior Tank #'s 1 through 7 PROJECT NO. PWCS 2010 -14 THIS AGREEMENT, made and entered into this 1: ! day of 20JL by and between Aqua -Tech Company hereinafter called "Contractor ", and the City. of Rohneri 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 bid documents submitted by Contractor for Cleaning of Tank #'s 1 to 7 and approved by the Resolution adopted by the City Council of said City on December 13, 2011, the items and quantities of which are more particularly set forth in such bid documents 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 185 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 $1000 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 $24,899.94. OAK 94820 - 3257 -2686 Q 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 0 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 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. OAK 44820 - 3257 -2686 Q 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. Indemni : 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 an y 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 A to this agreement. 12. Attorneys Fees: In the event either party hereto shall commence zany 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 OAK #4820- 3257 -2686 Q 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 Aqua -Tech ompany City Manage Date Name/Titllt Date Per Resolution No. xx x-)eradopted by the Rohnert Park City Council at its meeting of mHwe -ro ,, ievoc. o e c e mbe -r ATTEST: City Clerk,1Vgh1A OAK #4820 - 3257 -2686 Q P ROV ORM: C Attorney EXHIBIT A Insurance Requirements [To be inserted] OAK #4820 - 3257 -2686 Q EXHIBIT A Insurance Requirements The following parties or entities shall be listed as additional insured by endorsement: A. 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. 4. Course of Construction insurance coverage shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: a. The City shall be named as loss payee, and b. 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: 1. 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: "Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages 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. 4. Course of Construction insurance coverage shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: a. The City shall be named as loss payee, and b. The insurer shall waive all rights of subrogation against the City. 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 Coverages a. The City, its officers, elected officials, employees, agents and volunteers are to be covered as insureds 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 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. 3. All Coverages 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. 4. Course of Construction policies shall contain the following provisions: a. The City shall be named as loss payee. b. The insurer shall waive all rights of subrogation against the City.