DRAFT ON-CALL SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND MCNABB CONSTRUCTION, INC. DBA DK ENVIRONMENTAL FOR 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 ("CITY"), and MCNABB CONSTRUCTION, INC. dba DK ENVIRONMENTAL ("CONTRACTOR"), a corporation.
WHEREAS, CITY is in need of on-call maintenance services in relation to vegetation located at the Water Pollution Control Plant (WPCP) Oxidation Ponds; and WHEREAS, CITY advertised an Invitation for Bids (IFB) on November 6, 2024 for On-Call Maintenance of Vegetation for 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;
NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Services by CONTRACTOR
CONTRACT
OR shall provide services in accordanc e with Exhibit "A" entitled “Scope of Work.” To accomplish that end, CONTRACTOR agrees to assign Dave McNabb to this project, to act in the capacity of Project Manager and personally direct the services to be provided by CONTRACTOR.
All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. Except as specified in this Agreemen t, 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 one year, from the date of execution, unless otherwise terminated in accordance with Section 17 below. Agreeme nt may be renewed for three (3) additional
one-year periods at the sole option of the City.
3. Payment of Fees and Expenses
CIT
Y agrees to pay CONTRACTOR at the rates set forth in Exhibit "B". Total compensation shall not exceed Three Hundred Ninety-Six Thousand Four Hundred Thirty-Eight and No/100 Dollars ($396,438.00), unless upon written modification to this Agreement signed by both parties. CONTRACTOR shall submit progress payment invoices to CITY no more frequently than monthly to be paid in accordance with the procedures set forth in Exhibit "B".
All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707 or [email protected]. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
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4. No Assignment of Agreement
CONTRACTOR shall bind themselves, their pa rtners, 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 law, 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 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 CONT RACTOR 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 obligati ons, 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 pr ofessionals 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 Agreement. 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.
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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, prepared 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. Indemnity
To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend at its own expense, and indemnify the City and its officers, officials, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of CONTRACTOR or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages, or expenses arising from the City’s sole negligence or willful acts. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. CONTRACTOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement.
12. Insurance Requirements
The City requires that CONTRACTOR maintain insurance requirements on the Pacific Insurance Network System (PINS). CONTRACTOR shall procure and maintain, at its own expense during the life of this Agreement, policies of insurance as specified in Exhibit "C" attached and incorporated herein by reference and shall provide all certificates and endorsements as specified in Exhibit "C" through PINS for approval by the City Risk Manager prior to CONTRACTOR (or subcontractor) commencing any work under this Agreement.
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
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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 representation 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 than 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 occupati on (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, CONTRACTOR shall immediately not ify 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 furnished 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
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 obli gation 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 s hall be made available to City during the term of this Agreement.
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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 product 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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any protected characteristic in violation of federal or state law. 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.
B. CONTRACTOR shall 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.
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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 in accordance with Section 24 below.
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 as an amendment to this Agreement signed by all parties. If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
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. Ordering
The City shall require that the CONTRACTOR submit a proposal for each task order in competition with other consultants prior to issuing a Purchase Order under this Agreement. Task orders will only be issued by authorized users of this Agreement. The task order request will generally include:
(a) the statement of work;
(b) a list of reporting requirements and any other deliverables; (c) instructions to the CONTRACTOR including, for example, information concerning the period of performance, and any special terms or conditions applicable to the task order.
The City project manager will determine the due date for responses and the level of review required based on the nature and complexity of the requirements. Payment for services rendered in the
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Task Order will be made in accordance with the rates set forth in Exhibit B “Compensation Schedule” and may be contingent on the completion and approval of deliverables.
27. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF SUNNYVALE ("CITY") MCNABB CONSTRUCTION, INC. DBA DK ENVIRONMENTAL ("CONTRACTOR")
By__________________________ By___________________________ City Manager
_____________________________
Name and Title
APPROVED AS TO FORM:
By___________________________ By___________________________ City Attorney
_____________________________
Name and Title
ATTEST:
By___________________________
City Clerk
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EXHIBIT “A”
SCOPE OF WORK
Contractor shall furnish all labor, supervision, methods and processes, implements, tools, machinery, equipment, transportation, and materials to provide on-call maintenance services of oxidation pond vegetation located at the Water Pollution Control Plant (WPCP) as required by the City of Sunnyvale.
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.
Background
A network of approximately 7 miles of unpaved levee access roads surrounds the Oxidation Ponds and recirculation channels and has become overgrown with emergent vegetation, consisting primarily of large colonies (or clones) of cattail and bulrush. Mats of the vegetation generally extend between 8 – 10 feet into the Oxidation Ponds and Recirculation Channels, placing an increased risk of clogging integral pumping equipment that could compromise the efficacy of the secondary treatment process in removing soluble organic material, suspended solids, and ammonia from the upstream treatment processes. Vegetation has also encroached on the levee crown, restricting WPCP staff access to certain areas. The City estimates that an initial 4 acres of vegetation will need to be physically removed to prepare additional areas for the ongoing monthly herbicide treatment events.
Herbicide Control Events
Contractor shall apply herbicide to suppress emergent vegetation along the WPCP Oxidation Pond recirculation channels as prescribed below and depicted in Exhibit “D”. 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 Regulation 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.
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Monthly Floating Vegetation Cleanup Events (Bid Item 2) When areas outside that are shown and listed on Exhibit “E” 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 Floating Vegetation Cleanup 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.
Mechanical Vegetation Removal Events (Bid Item 3)
In general, the inner levees, which form the distribution/recirculation channels, will require removal of vegetation 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. Special attention should be paid to the existing crossover tubes installed in the levee roads see Exhibit “F”. 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.
Vegetation removal shall be required and defined for the purposes of this contract as all vegetation located within 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 – See Exhibit “G”, 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 Exhibit “F”. 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 removal 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 the boom and/or the bar screens at the Pond Recirculation Pump Station, 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
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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.
Brush/Tree Cleanup Events (Bid Item 5)
Contractor will also remove any trees and shrubs that have become established along the levee banks or crown. Brush on top of levee road may be cut back by a flail mower, trees will be cut down to ground level.
Contractor Equipment Requirements
The Contractor shall provide an amphibious/floating excavator with thumb capable of working in any water depth 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 condition 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 feet and drive on levee roads to reach work areas as required.
• 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 intact. • Certain brush on top of levee road may be cut back by flail 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.
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 unloading 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.
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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 jurisdictions 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 cr ossover 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 hunting, 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 that any disruptions to these activities are clearly communicated with signs and other markers as needed. An approved safety plan and treatment schedule shall be followed. This plan should encompass worker, public and environmental safety aspects. The City will not be responsible for supplying PPE to the Contractor’s employees.
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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 least 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 crew awareness training or delays due to nesting birds.
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EXHIBIT “B”
COMPENSATION SCHEDULE
Item
No. Description
Estimated
QTY UOM
Unit Price
Extended
Price
1. Monthly Herbicide Control Events 12 EA $1,807.00 $201,684.00
2. Monthly Floating Vegetation Cleanup
Events 10 EA $1,260.00 $12,600.00
3. Mechanical Vegetation Removal Events 60 EA $2,891.00 $173,460.00
4. Weekend/Emergency Vegetation Cleanup
Events 6 EA $1,330.00 $7,980.00
5. Brush/Tree Cleanup Events (per acre) 6 EA $119.00 $714.00 Total $396,438.00
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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 shall be at least as broad as CG 0001.
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 shall be at least as broad as CA 0001.
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:
☐ Liquor Liability coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence.
☐ Crime coverage with limits not less than $500,000 to include third party premises endorsement.
☐ If working directly with minors, the Certificate of Insurance must include coverage for molestation and sexual abuse with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate.
☐ Garage Liability coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence.
☐ Garage Keepers Liability coverage with limits not less than $100,000 per location.
☐ On-Hook coverage with limits not less than $100,000 per vehicle.
Deductibles, Self-Insured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and reviewed by the City’s Risk Manager.
The Contractor shall guarantee payment of any losse s 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 and excess/umbrella policies that fulfill the stipulated coverage as cited above.
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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 industry specific coverage is checked above, liquor liability, and molestation and sexual abuse policies) with respect to liability 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.
Additional Insured Endorsement for ongoing operations at least as broad as ISO CG 20 10 Scheduled, or automatic CG 20 38.
2. During the term of the contract, the Contra ctor’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. 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 and shall be at least as broad as ISO CG 20 01 04 13.
4. 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.
5. The Contractor’s insurance shall apply separat ely to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. 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 email to [email protected], has been given to the City of Sunnyvale.
7. Any umbrella or excess insurance liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non-contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City ’s own Insurance or self-insurance shall be called upon to contribute to a loss.
8. 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
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of any insur ance policy
or proceeds available to the named insured and also available to the Additional 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’s Risk Manager.
Verification of Coverage:
City utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. City will email the Contractor requesting proof of insurance for this Contract through the PINS platform (no- [email protected]), which include instructions on how to upload insurance documents electronically. Contractor shall furnish the City with an electronic 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 and name City of Sunnyvale, Attn: Risk Management, 456 W. Olive Ave, Sunnyvale, CA 94088 as the certificate holder. All certificates are to be received and approved by the City, 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. Contractor shall submit insurance certificates reflecting the policy renewals through PINS. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Subcontractors
Contractor shall require all subcontractors to proc ure 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.
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Exhibit "D"
Legend
Areas of Proposed Vegetation Removal
(Double Lines indicate both Inboard and Outboard Sides of Levee) Sunnyvale
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TEMPORARY BOOM
LOCATION
BAR SCREEN
LOCATION
BOOM
LOCATION
Exhibit "E"
MONTHLY HERBICIDE TREATMENT BID ITEM 1 SHALL INCLUDE
SEGMENT 1 - BOTH SIDES
SEGMENT 2 - NORTH SIDE ONLY
SEGMENT 3 - BOTH SIDES
SEGMENT 5 - WEST SIDE ONLY
SEGMENT 6 - BOTH SIDES
SEGMENT 7 - BOTH SIDES
SEGMENT 8 - SOUTH SIDE ONLY
SEGMENT 10 - EAST SIDE ONLY
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Exhibit "F"
E2
E4 ES
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GUAD,..........
OXIDATION POND 2
POND RETURN CHANNEL
E7 EB E9
POND SUPPLY
CHANNEL --
E10
TOPOFBERM,ROAOWAY
1 ---.• PONO INLETS
POND OUTLETS
OXIDATION PONO I
PONO RETURN
,._....-- -· i3 CHANNEL .
PLANT StTE Figure Ill - 7-1
OX10AT10N PON
Sunnyvale
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IExhibit "G"
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Exhibit "H"
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