2009/02/10 City Council Resolution 2009-07RESOLUTION NO. 2009 - 07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
I &I REDUCTION PROJECT FY 2008 -09 (MANHOLE REPAIR)
CITY PROJECT NO. 2007-18 AND
AWARDING THE CONTRACT TO GHILOTTI CONSTRUCTION COMPANY
. WHEREAS, the plans and specifications for the I &I Reduction Project FY 2008 -09
( "the Project ") incorporated herein, were designed by Patrick Barnes, Deputy City Engineer, and
approved by the City Engineer;
WHEREAS, the Project was advertised for bids and bids were opened on January 15, 2009;
WHEREAS, eleven,bids were received; and
WHEREAS, the Fedco Construction has claimed a mistake in bid and requested to withdraw
their bid; and.
WHEREAS, the City Engineering Department determined that Ghilotti Construction
Company was the lowest responsive, responsible bidder.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that the
plans and specifications for the I &I Reduction Project FY 2008-09 are approved and adopted.
BE IT FURTHER RESOLVED that the Fedco construction is relieved of their bid for the
I &I Reduction Project FY 2008 -09.
BE IT FURTHER RESOLVED that the bids for the I &I Reduction Project FY 2008 -09 are
accepted, and the contract is awarded to Ghilotti Construction Company for the amount of
$72,650.00.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to
execute this contract in substantially similar form to the attached contract for and on behalf of the
City of Rohnert Park with change orders up to 25% of the contract price.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 10th of February, 2009.
CITY OF ROHNERT PARK
h
Mayor
apHNERT pa��
ATTEST:
v Clerk
BELFORTE: AYE CALLINAN: A NZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CONTRACT
I &I REDUCTION PROJECT FY 2008 -09
(Manhole Repair)
PROJECT NO. 2007-18
Contractor.
NOW, THEREFORE, IT IS AGREED, as ws:
1. Scope of Work: Thel
materials, equipment and all utility an
of construction and installation of the
adopted by the City
are more particularly
except work done on
within such ti
City liquidated
finishing the work
said time of completi
are hereby referred to
the work and sh all the labor,
4uired to complete all of the work
lirly described in the Resolution
items and quantities of which
fi the office of the City Clerk,
The Contractor shall begin work
Engineer to proceed with the work and shall
calendar days of that Notice, 120 days if
complete the work within the time limit so specified or
o shall have authorized, the Contractor shall pay to the
nt of $600.00 per day for each and every day's delay in
:ion date so specified. Additional provisions with regard to
damages are set forth in the specifications, which provisions
herein by reference.
3. Payments: Payments will be made by City to the Contractor for said work
performed at the times and in the manner provided in the specifications and at the unit prices stated
in Contractor's bid.
The award of the contract is for a total amount of $72,650.00.
4. Component Parts: This contract shall consist of the following documents, each of
which is on file in the office of the City Clerk and all of which are incorporated herein and made a
part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
C) Instruction and Information to Bidders
d) Accepted Proposal
e) Faithful Performance Bond
f) Labor and Material Bond
g) Special Provisions
h) Standard Specifications
i) Design Standards
j) Plans, Profiles and Detailed D s
;cti S4 fe of enene r or holidays overtime work for
violation of the
18 10) of the Labor
Me the contra copy of said
e City Clerk, toWW*Ch reference is
diem wages will be made available
be posted at the job site. The
'th Section 1770) of the Labor
i 1776(g of the Labor Code of the State of
required in this Section of the Labor Code
)f the section may be enforced.
cOW1 forfeit, as penalty to said City, Twenty -five
-d in the execution of the contract by him or by any
which any workman is required or permitted to labor
- day and forty (40) hours in any one calendar week, in
art 7, Division 2 (commencing with Section
provisions of Section 1777.5 of the Labor
Code, and in accordance wWthe rules and procedures of the California Apprenticeship Council,
properly indentured apprentices shall be employed in the prosecution of the work. The ratio of
apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio
stipulated in the apprenticeship standards under which the appropriate joint apprenticeship
committee operates. In no event shall the ratio be less than one apprentice for each five journeymen
unless a certificate of exemption has been issued by the Division of Apprenticeship Standards.
Willful failure by the Contractor to comply with said Section 1777.5 shall result in his being denied
the right to bid on a public works contract for a period of six months from the date the determination
is made.
Information relative to number of apprentices, identifications, wages, hours of employment
and standards of working conditions shall be obtained from the Director of the Department of
Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council.
8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
termination/completion of Agreement.
11. Attorneys Fees: In the event either party hereto shall commence any legal action or
procedure, including an action for declaratory relief, against the other, by reason of the alleged
failure of the other to perform or keep any term, covenant, or condition of this contract by it to be
performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in
addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery
shall include court costs and attorneys fees on appeal, if any.
12. Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld shall be deposited with the public agency, or with a
state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor
upon satisfactory completion of the contract.
Any escrow agreement entered into
following provisions:
a. The amount of securities to be deb ,
The terms and
Contractor; and
IN WITNE
executed by its offi
day and year first at
ATTEST:
City Clerk
section'WM contain as a minimum the
in case of
default of the
Ls caused these presents to be
has subscribed same, all on the
GHILOTTI CONSTRUCTION CO.
City Attorney