2009/03/10 City Council Resolution 2009-13RESOLUTION NO. 2009 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
2008 LANCASTER DRIVE REHABILITATION CITY PROJECT NO. 2007-14 AND
AWARDING THE CONTRACT TO ARGONAUT CONSTRUCTORS
WHEREAS, the plans and specifications for the 2008 Lancaster Drive Rehabilitation
( "the Project ") were approved for construction by the City Engineer;
2009;
WHEREAS, the Project was advertised for bids and bids were opened on February 26,
WHEREAS, 10 bids were received;
WHEREAS, the Engineering Department reviewed the bids for responsiveness;
WHEREAS, California law requires that bids be awarded to the lowest responsive,
responsible bidder; and
WHEREAS, Argonaut Constructors submitted the lowest cost responsive bid.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park
that the plans and specifications for the 2008 Lancaster Drive Rehabilitation are approved and.
adopted.
BE IT FURTHER RESOLVED that the bids for the 2008 Lancaster Drive
Rehabilitation are accepted, and the contract is awarded to Argonaut Constructors for the amount
of $497,999.43.
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; and is also authorized to approve cumulative contract change
orders up to ten percent (10 %) of the value of the original contract.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 10th day of March, 2009.
ATTEST:
19
Clerk
CITY OF ROHNERT PARK
Mayor
Rip NERT
LIFORN1,p
BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CONTRACT
2008 LANCASTER DRIVE REHABILITATION
PROJECT NO. 2007-14
NOW, THEREFORE, IT IS AGREED, as
within
and sh
2.
In thaftnt the
within such me as
City liquidated d s in
finishing the work be t
said time of completion
are hereby referred to and i
shall pe all the work and furnish all the labor,
on servic uired to complete all of the work
n ore p ly described in the Resolution
10' M arch, , the items and quantities of
bra for on file in the office of the City
W,Liquidaffl&&Damajzes: The Contractor shall begin work
W the City Engineer to proceed with the work
to 'thin seventy -five (75) calendar days of that
does omplete the work within the time limit so specified or
Council shall have authorized, the Contractor shall pay to the
ount of $900.00 per day for each and every day's delay in
pletion date so specified. Additional provisions with regard to
ited damages are set forth in the specifications, which provisions
tted 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 $497,999.43.
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:
Page 1 of 4
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 Dram
5. Wage Scale: Pursuant to Section 1
the City has obtained from the Director of t
prevailing rate of per diem wages and the gen ,
each craft, classification, or type of workman E
prevailing rate of per diem wages is on file in th
hereby made for further particulars. prevailir
to any interested party upon requ
provisions of Article 2, Chapter 1,
Code and particularly Section 1775
violation o rovisions o icle 3;
18 10) of the L Code of the e of
e Labor Code of the State of
this Section of the Labor Code
of the section may be enforced.
or s orfeit, as penalty to said City, Twenty -five
xecution of the contract by him or by any
vin • y workman is required or permitted to labor
day and forty (40) hours in any one calendar week, in
)ter 1, Part 7, Division 2 (commencing with Section
7. A r s q' ordance with the provisions of Section 1777.5 of the Labor
Code, and in accordan a '� rules and procedures of the California Apprenticeship Council,
properly indentured appre 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.
Page 2 of 4
8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
"A contractor shall not discriminate in the employment of persons upon
public works on any basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code,
except as otherwise provided in Section 12940 of the Government Code. Every contractor
for public works who violates this section is subject 1 the penalties imposed for a
violation of this chapter. "
9. Workmen's Compensation Insurance: o e with the provisions of Article
5, Chapter 1, Part 7, Division 2 (commencing with do 1860 Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor of the State a ifornia, the Contractor is
required to secure the payment of compensati s employees and . - for that purpose obtain
and keep in effect adequate Workmen's Compe n Insurance.
The undersigned Contractor
which requires every employer to
undertake self - insurance in accord,
provisions before commencing the
expenses including, but
nature tha -er
on the amo
Compensation,
f Section 3700 e Labor Code
for workmen's compensation or to
at Code, and will comply with such
itractor shall indemnify, hold
employees, consultants and
ti claims, demands, damages, disability, losses,
;y's and other defense costs and liabilities of any
tity ding Contractor, in whole or in part, arising
e activities of other persons employed or
thi cement excepting liabilities due to the active
obligation is not limited in any way by any limitation
nsation payable by or for Contractor under Worker's
enefit acts or the terms, applicability or limitations of
actor and shall continue to bind the parties after
11. Attorneys IN
§M 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
Page 3 of 4
City Man 1%
Per Resolution No. 3 adopted by thNR ark City Council at its me March, 10,
ATTEST:
City Clerk
Page 4 of 4
APPROVED AS TO FORM:
City Attorney