ATTACHMENT B
SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND
SOLITUDE LAKE MANAGEMENT LLC DBA: AQUATIC ENVIRONMENTS
CONTRACTOR FOR ON-CALL MAINTENANCE OF VEGETATION FOR THE WATER
POLLUTION CONTROL PLANT OXIDATION PONDS
THIS AGREEMENT dated is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation of the State of California ("CITY"), and SOLITUDE LAKE MANAGEMENT LLC DBA:
AQUATIC ENVIRONMENTS ("CONTRACTOR").
WHEREAS, CITY advertised an Invitation for Bid (IFB) on October 12, 2022; and WHEREAS, CITY accepted CONTRACTOR bid submitted on November 9, 2022; and WHEREAS, CITY desires to procure On-Call Maintenance of Vegetation for the Water Pollution Control Plant Oxidation Ponds; and
WHEREAS, CONTRACTOR represents that it, and its sub-contractors, if any, possess the professional qualifications and expertise to provide the required services and are licensed by the State of California in the required disciplines: Class A – General Engineering License, Pest Control Business License and Class F Applicator license.
NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Services by CONTRACTOR
CONTRACTOR shall provide services in accordance with Exhibit "A" entitled “Scope of Work.” All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. To accomplish that end, CONTRACTOR agrees to assign Jose Botello to this project, to act in the capacity of Project Manager and personally direct the services to be provided by CONTRACTOR.
Except as specified in this Agreement, CONTRACTOR shall furnish all technical services, including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required in this Agreement.
2. Contract Term
The term of this Agreement shall be for one (1) year from the date of execution unless otherwise terminated.
Agreement may be renewed for an additional four (4) one (1) year renewals at the sole discretion of the City.
3. Payment of Fees and Expenses
CITY agrees to pay CONTRACTOR as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B”. Total compensation shall not exceed Four Hundred Nineteen Thousand Nine Hundred Sixteen and 00/100 Dollars ($419,916.00) unless upon written modification to this Agreement signed by both parties.
All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
4. No Assignment of Agreement
CONTRACTOR shall bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of l aw, without the prior written approval of CITY. However, claims for money due to or to become due to CONTRACTOR from CITY under this Agreement may be assigned to a bank, trust company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one Attachment 2
or more members of CONTRACTOR's firm, the surviving member or members shall complete the services covered by this Agreement. Any such assignment shall not relieve CONTRACTOR from any liability under the terms of this Agreement.
5. Independent Contractor
CONTRACTOR is not an agent or employee of CITY but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed by CONTRACTOR in connection with this Agreement will be employees of CONTRACTOR and not employees of CITY in any respect. CONTRACTOR is responsible for obtaining statutory Workers' Compensation coverage for its employees.
6. Standard of Workmanship
CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR's representations regarding its skills and knowledge. CONTRACTOR shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
7. Responsibility of CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agr eement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’s negligent performance of any of the services furnished under this Agreement.
8. Right of CITY to Inspect Records of CONTRACTOR
CITY, through its authorized employees, representatives, or agents, shall have the right, at any and all reasonable times, to audit the books and records including, but not limited to, invoices, vouchers, canceled checks, time cards of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement.
CONTRACTOR shall maintain for a minimum period of three (3) years from the date of final payment to CONTRACTOR or for any longer period required by law, sufficient books and records in accordance with generally accepted accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR. Any expenses not so recorded shall be disallowed by CITY.
9. No Pledging of CITY’s Credit
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
10. Ownership of Material
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepare d or caused to be prepared, under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof.
CITY shall not be limited, in any way, in its use of said material, at any time, for work associated with Project.
However, CONTRACTOR shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to the release of this material to third parties for work other than on Project.
11. Indemnification and Hold Harmless
A. CONTRACTOR/Contractor shall hold harmless, defend, and indemnify the Owner and its officers, agents, officials, employees, and volunteers against all claims, losses, damages and/or expenses including attorney
Attachment 2
fees, costs of litigation and judgement, directly or indirectly arising from or claiming to arise from any injury to any person(s), damage to any property, or any economic loss, arising out of, in whole or in part, (1) by any negligent act or omission of the CONTRACTOR/Contractor; and/or (2) the CONTRACTOR’s/Contractor’s performance or non -performance of its duties under this contract/agreement; and/or (3) any defect in any services provided by the CONTRACTOR/Contractor.
This duty to defend, indemnify, and hold harmless s hall include the CONTRACTOR’s/Contractor’s responsibility for any and all foregoing claims, even if such claims are groundless, false, and/or fraudulent and any and all equitable relief, damages, costs and attorney fees except those caused by the active negligence, sole negligence, or willful misconduct of the Owner.
B. This obligation shall be continuing in nature and extend beyond the term of this contract/agreement. The doctrine of equitable tolling extends the time within which an action for breach of this provision may be filed.
C. CONTRACTOR/Contractor and Owner as used in this section, include the employees, agents, sub - contractors, and any other person who are directly employed by or otherwise legally responsible, respectively to each party.
12. Insurance Requirements
The Owner requires that all contractors maintain insurance requirements on the Pacific Insurance Network System (PINS). CONTRACTOR shall not commence work under this Contract until all insurance required as specified in Exhibit “C” has been obtained and such insurance has been approved by the Owner Risk Manager, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Contractor shall furnish the Owner with satisfactory proof of required insurance coverages, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 11 hereof.
13. Wage Rates
Pursuant to the Labor Code of the State of California, or any applicable local law, Owner has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. Owner has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be obtained through the California Department of Industrial Relations website at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Neither the notice inviting bids nor this Contract shall constitute a repre sentation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against Owner.
It shall be mandatory upon Contractor and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that Contractor shall, as a penalty to Owner, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less then the stipulated prevailing rates for any work done under this Contract by Contractor or by any subcontractor; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, Contractor shall immediately notify Owner who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate based thereon. The minimum rate thus f urnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
14. Conflict of Interest
Attachment 2
CONTRACTOR shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONTRACTOR is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement CONTRACTOR shall not accept employment or an obligation which is inconsistent or incompatible with CONTRACTOR’S obligations under this Agreement.
15. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law or choice of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara and waive all venue objections.
16. Records, Reports and Documentation
CONTRACTOR shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONTRACTOR shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONTRACTOR agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONTRACTOR's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement.
17. Termination of Agreement
A. If CONTRACTOR defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONTRACTOR. In the event of such termination, CONTRACTOR shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONTRACTOR shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONTRACTOR. In the event of such termination, CONTRACTOR shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONTRACTOR shall present CITY with any work produc t completed at that point in time.
C. If CITY fails to pay CONTRACTOR, CONTRACTOR at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.
18. Subcontracting
None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY.
Such consent may be issued with notice to proceed if subcontract CONTRACTORs are listed in the project work plan.
19. Compliance with Laws
(a) CONTRACTOR shall not discriminate against, or engage in the harassment of, any City employee or volunteer or any employee of CONTRACTOR or applicant for employment because of an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexua lity, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, cancer or HIV/AIDS-related medical condition, genetic characteristics, and physical or mental disability (whether perceived or actual). This prohibition shall apply to all of CONTRACTOR’s employment practices and to all of CONTRACTOR’s activities as a provider of services to the City.
Attachment 2
(b) CONTRACTOR sha ll comply with all federal, state and city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
20. Changes
CITY or CONTRACTOR may, from time to time, request changes in the terms and conditions of this Agreement.
Such changes, which are mutually agreed upon by CITY and CONTRACTOR, shall be incorporated in amendments to this Agreement.
21. Other Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
22. Severability Clause
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
23. Captions
The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
24. Entire Agreement; Amendment
This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing signed by all parties.
25. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara.
The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
26. Miscellaneous
Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST: CITY OF SUNNYVALE ("CITY")
By By
City Clerk City Manager
SOLITUDE LAKE MANAGEMENT LLC DBA: AQUATIC
ENVIRONMENTS ("CONTRACTOR")
By
APPROVED AS TO FORM:
Name/Title
By
City Attorney
Name/Title
Attachment 2
Exhibit A
SCOPE OF WORK
Scope of work
The Oxidation Ponds and their associated levees are an essential process in the treatment of wastewater at the WPCP.
Therefore, they must remain in operation at all times during the process of removing emergent vegetation from the levee network and transporting it off-site. The Contractor shall furnish all labor, supervision, written reports, methods and processes, implements, tools, machinery, equipment, transportation and materials to perform the required services described below.
Herbicide Control Events
Contractor shall apply herbicide to suppress emergent vegetation along the WPCP Oxidation Pond recirculation channels as prescribed below and depicted in Attachment A. Contractor will provide a quarterly report with documenting areas treated and quantities of herbicides used.
Monthly Herbicide Control Events (Bid Item 1)
Due to the potential sensitivity of the algal (diatom) species Thalassiosira pseudonana used for chronic toxicity testing of the WPCP’s final effluent to herbicide, the City has preapproved AquaPro ®, AquaMaster ®, Rodeo ® and ClearCast ®. Application of herbicides shall be in strict compliance with California Department of Pesticide Regulat ion http://www.cdpr.ca.gov/ laws and regulations. Prior to treatment, Contractor shall supply a pesticide recommendation by a California licensed Pest Control Advisor (PCA). Applications shall be made by qualified applicators (QAL), Category F (Aquatic). In order to access emergent vegetation in the channel and on the upper portions of the levee system, application methods will include truck-mounted power sprayers.
The Contractor shall maintain a copy of the current Safety Data Sheet (SDS) for the herbicide(s) they use for each application, copies of their pest control business license, and copies of active qualified applicator license (QAL)/qualified applicator certificate (QAC) of those persons making the applications.
Limitations to herbicide treatment events or deductions to the service frequency may be imposed by the City at any time depending on the WPCP’s operations schedule and demands. A Contractor’s bid for treatment events must include mobilization, herbicide application equipment, personal protective equipment, herbicide mixtures, demobilization, cleanup, lawful disposal of containers, and county reporting.
Monthly Floating Vegetation Cleanup Events (Bid Item 2) Monthly cleanup events shall begin at the first treatment. The contractor shall clean the plant’s permanent Pond Effluent pump station debris boom and the bar screens located at the Pond Recirculation Pump Station of floating vegetation. In addition, the contractor will also clean the temporary boom in the other segment of the return channel as shown in Attachment B. Plant staff will also identify vegetation needing removal from the openings at any of the crossover tubes. The contractor will also be required to regularly dispose of the materials collected from the boom and bar screen areas. The frequency of these cleaning efforts is monthly.
Contractor shall supply a 2-person crew (minimum) to include a floating excavator with thumb, and dump truck/truck with trailer during these cleaning events. No large excavators or larger dump trucks are allowed on levee roads. The material will be disposed of at the SMaRT station and paid for by the City. Wet vegetation shall be stored on site until sufficiently dewatered in an area that does not obstruct vehicular or pedestrian access before off hauling. The Contractor shall promptly haul piled vegetation to the SMaRT Station for disposal should it begin to create nuisance odors or attract pests.
Any damage to the levee system including ruts on the levee tops shall be replaced within three days of notice by City at Contractors expense.
Mechanical Removal Events (Bid Item 3)
In general, the inner levees, which form the distribution/recirculation channels, will require removal of v egetation on both inboard and outboard sides, whereas, the outer levees bordering Moffett Channel, Guadalupe Slough, and the former Cargill Salt Pond will only receive removal of vegetation on their inboard sides. Removal of dead/emergent vegetation during past efforts has been effectively accomplished by a series of herbicide applications followed by mechanical removal, or some combination thereof.
During mechanical removal of vegetation, the Contractor will keep the recirculation pumps, cross -over pipes, and pond effluent pumps protected from any mechanical equipment and dislodged vegetation that may damage the system.
Contractor will also mechanically remove any trees and shrubs that have become established along the levee banks or crown. Special attention should be paid to the existing crossover tubes installed in the levee roads see Attachment C.
Contractor shall notify the City immediately if damages occur by use of the contractor’s mechanical equipment. In the event of damage to such property, Contractor shall restore the property to a condition equal to its original condition and to the satisfaction of the City and bear all costs therefor.
Attachment 2
Vegetation removal shall be required and defined for the purposes of this contract as all vegetation located wit hin the supply/return channels and extending 12’ from levee roads into Ponds 1 and 2. Contractor shall supply a 2 -person crew (minimum) to include a floating excavator with thumb, and dump truck/truck with trailer during these removal events. No large excavators or larger dump trucks are allowed on levee roads. The material will be disposed of at the SMaRT station and paid for by the City. Wet vegetation shall be stored on site until sufficiently dewatered an area that does not obstruct vehicular or pedestrian access before transfer to SMaRT station. The Contractor shall promptly haul piled vegetation to the SMaRT Station for disposal should it begin to create nuisance odors or attract pests.
A map showing general locations of cross-over tubes is provided in Attachment C. However, it is the Contractor’s responsibility to accurately locate, mark and protect all cross-over piping from damage prior to and during any mechanical removal process or other work activities that may place them at risk of being damaged. Be advised that cross-over piping extends out from the levee into both the supply/return channels and ponds by at least 6 feet and in some cases much more.
The same holds true for the pond boom and equipment at and around the pumping stations. Any damage to the levee system, including ruts on the levee crowns, shall be repaired within three days of notice by City at the Contractor’s expense .
The contractor will apply one herbicide application to all emergent vegetation once all mechanical vegetation remova l has been completed within the project area.
Weekend/Emergency Vegetation Cleanup Events (Bid Item 4) If a large amount of unanticipated plant matter and debris accumulates on any of the debris booms, bar screens or crossover tubes, the City may provide a two-working day notice to Contractor to supply a 2-person crew (minimum) to include a floating excavator with thumb, and dump truck/dump trailer to remove vegetation and debris from the previously identified areas. Notice by City to Contractor before 11:00 AM constitutes the first day of the notice period. For illustrative purposes, a notice delivered to Contractor on Friday at 2:00 PM constitutes a notice on Monday.
Additional Areas of Herbicide Treatments (Bid Item 5)
When areas outside that shown in Attachment B require herbicide treatments to meet the goals of this scope, the Contractor shall provide pricing to complete such treatments with the herbicides described in the Monthly Herbicide Control Events bid item. To allow for reduced densities of vegetation in some treated areas, Contractor shall base the bid price on 50% vegetation density measured as a ratio or bare ground to that area occupied by vegetation. To illustrate: If a treatment area is 100% occupied by vegetation, Contractor’s per acre price is multiplied by a factor of two. Should there be 25% area occupied by vegetation, Contractors per acre price will be adjusted downward by a factor of two.
Contractor Equipment Requirements
The Contractor shall provide a floating excavator with thumb, and dump truck or dump trailer to remove vegetation and debris. The Contractor shall furnish only experienced and skilled operators for equipment. Contractor shall be solely responsible for the condition of its equipment. Only equipment in good working co ndition as judged by the City is acceptable.
The City may reject equipment found to be in unsatisfactory condition. The Contractor shall remove the unsatisfactory equipment and replace it with good and acceptable equipment.
• Certain segments of the levee network are not accessible to heavy equipment, such as large dump trucks and trailers used for receiving denuded vegetation. No heavy equipment use by the Contractor is permitted.
• Water levels in the Pond System will vary depending on operational demands, which take precedence over this scope of work. Water levels will not be maintained solely for the purpose of the Contractor’s work. The Contractor’s floating excavator equipment shall have the ability to operate in water levels from 0 inches to 5 fe et.
• No land-based excavators, drag lines, cutting or rotovation removal is permitted.
• Equipment shall remove cattails, tules, and bulrush vegetation from the water side only.
• Vegetation shall be removed by pulling the plant intact with root system intac t.
• Certain brush on top of levee road may be cut back by fail mower.
The City shall not be responsible for damage to/or theft of any property of Contractor or Contractors agents on or off the City’s property. Contractor shall employ such means and methods necessary to adequately protect City property against damage.
Attachment 2
Loading, Possession, Transportation and Unloading
The Contractor will obey a speed limit of 10 MPH on the levee roads and use extreme caution when approaching/passing anyone on the levee network. Prior to any use of heavy equipment on the levee roads, the contractor shall confirm with Operations staff segments of the levee network from which heavy equipment use will be restricted.
No fueling or maintenance of equipment will occur on any of the levee roads. The contractor will be responsible for fueling equipment off-site.
The Contractor shall be responsible for all loading, transportation and unloading using the Contractor’s own equipment.
Contractor shall transport the vegetation to the SMaRT Station for disposal.
The Contractor is responsible for all local, state, and federal regulatory requirements for the lawful transport and unloadin g of the vegetation. The Contractor shall verify that each load does not exceed the legal weight limit for the respective equipment being loaded prior to removing the trailer from the site.
Any spillage or discharge of material shall be promptly cleaned up by the Contractor. If the City is required to clean up the spillage, all costs incurred will be deducted from monies owed to the Contractor.
Hauling operations shall be performed in such a manner as to minimize the impact on existing operations. Such routes and hours of operation shall comply with all governmental agency requirements in the jurisdi ctions associated with this operation.
Extreme caution shall be exercised when hauling on wet levee roads. No hauling shall occur on levee roadways when deemed too saturated by project manager.
Disposal and Permit Requirements
The Contractor shall transport all removed vegetation to the SMaRT Station, located adjacent to the WPCP at 301 Carl Road, Sunnyvale, CA 94089. The City will pay for all disposal costs at the SMaRT Station.
Before commencing work, the Contractor shall submit to the City copies of all permits required by other governmental agencies for performing the work of loading and transporting the vegetation. All other permitting considerations, or lack thereof, associated with the Scope of Work shall be managed by the City prior to the commencement of work by the Contractor.
Cleanup and Restoration of Job Sites
The Contractor shall be responsible for the cleanup and restoration of the job sites, haul routes and disposal site involved in the work subject to final inspection and acceptance by the City prior to final payment under the contract.
The Contractor shall be responsible for the care and preservation of City property and adjacent or coterminous property. Any parts of such property injured, damaged or disturbed as a result of the work shall be restored in a manner acceptable to the City at the Contractor's expense. This includes, but is not limited to, damages to cross - over pipes and other equipment that may be concealed by emergent vegetation.
Any soil or debris on haul route shall be picked up and/or swept clean by means of a street sweeper as determined by the City project manager.
Worker, Public, and Environmental Safety
The levee network provides recreational access (i.e. exercise, bird watching huntin g, and fishing) to the public. As such, the Contractor will be mindful of all the recreational activities present on the levee and take appropriate measures to ensure th at any disruptions to these activities are clearly communicated with signs and other ma rkers as needed. An approved safety plan and treatment schedule shall be followed. This plan should Attachment 2
encompass worker, public and environmental safety aspects. The City will not be responsible for supplying PPE to the Contractor’s employees.
Biological Surveys and Awareness Training
The Oxidation Ponds and their associated levees are hosts to numerous species of waterfowl protected under the Federal Migratory Bird Treaty Act and the California Fish and Game Code. In general, mechanical vegetation removal work associated with this project can proceed during the non-nesting season from September 1 - January 31 of any given year.
If there is a need to perform work outside of this window, this must first be communicated to and subsequently approved by the city project manager before the work may commence. For all work performed outside of this window (February 1 – August 31), the Contractor will hire a Certified Biologists Firm and coordinate biological surveys to be completed 3 to 5 days prior to any planned work to identify any active nests and prescribe mitigation measures to be followed by the Contractor while the nests remain active. This may include, but is not limited to, restriction from certain area(s) until the nest is abandoned or no longer active. Intentional or malicious disturbance of active nests or waterfowl will not be tolerated and may be grounds for contract termination.
All crew members assigned by the Contractor will be required to attend awareness training for nesting birds at leas t once per season (annually). Training must occur before the work commences and if new members are rotated into the crew. Records of attendance will be maintained. The Contractor is responsible for hiring a certified biologist to perform biological survey reports and trainings. Active nest sightings must be reported to WPCP project manager and contractor must adhere to work restrictions and any other requirements needed per regulations. No additional costs shall be incurred by the City for the cre w awareness training or delays due to nesting birds.
Attachment 2
Exhibit A - Labor Compliance
Contractor Registration with the State of California – Contractors, and all applicable subcontractors which are required to pay prevailing wages, must be registered with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registration) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, pot holing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. Registration must remain current throughout the project entirety. It is the contractor’s responsibility to not allow their PWC Registration to lapse during the project and to ensure all Subcontractor’s registrations remain current. The Labor Commissioner can assess penalties to public works contractors of up to $10,000, in add ition to the registration fee, for failure to register. Awarding agencies are also subject to penalties of $100 a day, up to a maximum of $10,000, for having an unregistered contractor perform work on a public works project. If any penalties are issued to the City for unregistered subcontractors or for a lapse in a contractor/subcontractor’s PWC Registration, these penalties will be passed onto the contractor. A contractor that allows an unregistered subcontractor to work on the project is also subject to p enalties of $100 a day up to $10,000. Contractors shall list all applicable PWC registration numbers on the Bid Form.
Hours of Work – Pursuant to Labor Code, Section 1810, eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechanic employed at any time by the contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811 -1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code. Such forfeiture amounts may be deducted from the contract sum.
Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California.
Wage Rates – Pursuant to Sections 1770, 1771 and 1774 of the Labor Code of the State of California, or any applicable local law, contractors shall not pay less than the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. The City has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. The City has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be ob tained through the California Department of Industrial Relations website at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against the City.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, Contractor shall immediatel y notify the City who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate Attachment 2
based thereon. The minimum rate thus furnished shall be applicable as a minimu m for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public wor k subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made avail able to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information onl y and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contrac t Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than two hundred dollars ($200.00) for each calendar day or porti on thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by contractor or any subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
Certified Payroll Records – Pursuant to Labor Code, Sections 1776 et. Seq., contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by contractor or subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll for City-funded projects, and no later than one week for federal aid projects. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code section 1776 (a). In the event that the contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Certified payroll records shall be made available at reasonable hours at the contractor’s principal office to the persons authorized to inspect such records pursuant to Labor Code section 1776. Certified payroll shall also be made available for inspection upon request by the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower-tier subcontractor will be required to submit certified payrolls and labor compliance documentations electronically via the software LCPtracker. Contractor shall cause all subcontracts to include the provision that all subcontractors submit certified payrolls and labor compliance documentation electronically via LCPtracker. Electr onic submission will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor user will be given a Log-On identification and password to access the City’s reporting system. Access will be coordinated by a City representative.
Attachment 2
Apprentice Program – Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, contractor or subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work. In the event contractor willfully fails to comply with this sect ion, it will be considered in violation of the requirements of the Contract.
Contractor and all of its subcontractors shall abide by the provisions of California Labor Code Section 1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labo r Code Section 3095 which declares the unlawful discrimination in any recruitment or apprenticeship program on stated grounds. City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with Section 1720 and following, in accordance with the provisions of that Chapter, and the regulations established by the Director of Industrial Relations pursuant to the statutory authority of such chapter.
Attachment 2
Attachment A
I I
Return Channel
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Former Cargill
36. f
Salt Pond g . -~ ·,, .
~
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-- """ Oxidation
Pond 2
Oxidation
Pond 1
Pond Supply
Pump Station
Return Channel
Pond Effluent
Pumpin
Legend
ed Vegetation Removal
Areas of Propos bo d ind Outboard Sides of Levee} (Double Lines indicate both Inl art a Oxidation Ponds Layout and Areas of Vegetation Removal
City of Sunnyvale Water Pollution Control Plant
1444 Borrega s Ave, Sunnyvale, CA 94088
Sunnyvale
Attachment 2
ATTACHMENT B
.0_
Return Channel Channel
Oxidation
Pond 1
Legend
d and Outboard Levees
[nboa rc 12.800 ft Segment l - ,
ent 3- 7.600 ft Segm
ent 5- 5,600 ft == segm
= Segment 6- 5,000ft
- - Segment - 7,000 ft
d Levees Only
lnboar 6 700 ft _ Segment 2 - ,
- Segment 4- 3,900 ft
Segment 8- 3.500 ft
- Segment 9- 2,600 ft
t 10- 2 900 ft _ Segment
Oxidation
Pond 2
Return Channel
Pond Supply
Pump Station
Pond Effluent
SCVWD
Pond A4
Sunnyvale
Attachment 2
Attachment C
a tUPE SL OUGH
GJAD A!U
12 PONO SUPP LY
CHANNEL
POND RET URN
11+ > 23 CHA NNEL
OX IDA T ION POND 2
POND CIRCUL A T ING
PUMP STAT ION
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POND RETU RN
CHANNEL
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PRIMA RY EFF L UENT
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POND PUMPING
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OXIDAT ION POND 1
TOP OF BERM, ROADWAY
1 > POND INLE TS
PONO OUT L ET S
POND EFFL
UENT
• TO TERTIA RY
PLA NT
PLANT SIT E Figure I44- 7
OXIDAT ION PON
Oxidation Ponds Cross-Over Piping Locations
City of Sunnyvale Water Pollution Control Plant
1444 Borrega s Ave, Sunnyvale, CA 94088
Sunnyvale
Attachment 2
Exhibit B
COMPENSATION
Line
Item
DESCRIPTION
QTY
UOM
Unit Cost
1. Monthly Herbicide Treatments 12 Each $ 4123.00
2. Monthly Floating Vegetation Cleanup Events 12 Day $ 5745.00
3. Mechanical Vegetation Removal Events 60 Day $ 4245.00
4. Weekend/Emergency Vegetation Removal Events 6 Day $ 6,900.00 5 Additional Area Herbicide Treatments 6 Per Acre $ 900.00
Attachment 2
Exhibit C
INSURANCE REQUIREMENTS
Contractor 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 by the Contractor, their agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Contractor shall maintain limits not less than:
1. Commercial General Liability : coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form CG 0001 or equivalent is required.
2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
3. Workers’ Compensation: Statutory Limits and Employer's Liability : $1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
☐ Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☐x Valuable Papers and Electronic Data Processing with limits not less than $10,000 each.
☐x Pollution Liability coverage with limits not less than $1,000,000 per occurrence.
☐ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants.
☐ Builder’s Risk / Course of Construction coverage written on an “all risk” basis with limits equal to the completed value of the project and no coinsurance penalty provisions.
☐ Installation Floater coverage written on an “all risk” basis with limits equal to the completed value of the project and no coinsurance penalty provisions.
Deductibles, Self-Insured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Contractor shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
The aforementioned insurance requirements can be met through any combination of self -insured, primary an d excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Contractor’s commercial general liability policy (and if applicable valuable papers and electronic data processing, pollution liability, builder’s risk, and installation floater policies) with respects to liab ility arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
2. During the term of the contract, the Contractor’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. If Industry Spe cific Coverage box is check above and if the Contractor’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
Attachment 2
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of c ontract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. If Industry Specific Coverage box is check above, during the term of the contract, the Contractor’s Builder’s Risk / Course of Construction or Installation Floater policy shall provide coverage for any building, structures, machinery or equipment that is damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing. The policy shall name the City of Sunnyvale as a Loss Payee with respect to any repairs or replacement of any damaged property or other amounts payable under the policy.
5. For any claims related to this project, the Contractor’s insurance shall be primary. Any insurance or self -insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
6. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
7. 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.
8. 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 of Sunnyvale.
9. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Contractor’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Coverage:
Contractor shall furnish the City of Sunnyvale with original a Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale, Risk Manager prior to commencement of work.
The Contractor shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
For all insurance policy renewals during the term of this Contract, Contractor shall submit insurance certificates reflecting the policy renewals through PINS.
Subcontractors
Contractor shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of Contractor to verify existence of sub-contractor’s insurance shall not relieve Contractor from any claim arising from sub-contractors work on behalf of Contractor.
Attachment 2