2009/04/14 City Council Resolution 2009-30RESOLUTION NO. 2009 - 30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
2009 VARIOUS STREETS SURFACE REPAIRS PROJECT
CITY PROJECT NO. 2008-02 AND
AWARDING THE CONTRACT TO INTERNATIONAL SURFACING SYSTEMS
WHEREAS, the plans and specifications for the 2009 Various Streets Project ( "the
Project") were approved for construction by the City Engineer;
WHEREAS, the Project was advertised for bids and bids were opened on April 8, 2009;
WHEREAS, 1 bid was received;
WHEREAS, the Engineering Department reviewed the bid for responsiveness;
WHEREAS, California law requires that bids be awarded to the lowest responsive,
responsible bidder; and
WHEREAS, International Surfacing Systems 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 2009 Various Streets Surface Repairs Project are
approved and adopted.
BE IT FURTHER RESOLVED that the bids for the 2009 Various Streets Surface
Repairs Project are accepted, and the contract is awarded to International Surfacing Systems for
the amount of $437,282.18.
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 day of April, 2009.
1q CITY OF ROHNERT PARK
ATTEST:
19
Clerk
o
Mayor _
aLOHNERT
BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CONTRACT
2009 VARIOUS STREETS PROJECT
PROJECT NO. 2008-02
THIS AGREEMENT, made and entered into this day of
between International Surfacing Systems, hereinafter called "Contractor"
hereinafter called "City ".
WHEREAS, the City Council of said City
work hereinafter mentioned in accordance with the
NOW, THEREFORE, IT IS AGREED, as
1. Scope of Work: The C"" I
materials, equipment and all utility and *§j
construction and installation of the improv g
the City Council of said City on April 14, 2005,
forth in the Contractor's bid�thereforerton file in
by others.
1-0
2009, by and
and the City of Rohnert Park,
ias' -' ded a contract to ,Contractor for performing the
z,,
>e'aled proposal of said Contractor.
�s
allows,.,,
shall perf rrn all the work and furnish all the labor,
Ition serves xequired to complete all of the work of
n46 rticular%scribed in the Resolution adopted by
item`s and quantities of which are more particularly set
off Clerk; except work done or to be done
2. Time of Performance and Liquidated` T�'ama.ges: The Contractor shall begin work within
fifteen (15) calendar days after official nttce by, the City. Engineer to proceed with the work an d shall
diligently p`osepute the same to coinpl�tion wrthm J20 calendar days of that Notice.
In the event the Contradi& foes nof; complete the work within the time limit so specified or within
such further tune zs said City Conner shall `have authorized, the Contractor shall pay to the City liquidated
damages in the amount of $1,000 00 °per day for each and every day's delay in finishing the work beyond
the completion date so A specified Additional provisions with regard to said time of completion and
liquidated damages are`fset.:forthfina ?the specifications, which provisions are hereby referred to and
AM
incorporated herein by reference
3. Payments: Payments will be made by City to the Contractor for said work performed at the
times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid.
The award of the contract is for a total amount of $437,282.18.
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
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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 Drawings
5. Wage Scale: Pursuant to Section 1773 of the Labor Code of the State of California, the City
has obtained -from the Director of the Department of Industrial Relations the general prevailing rate of per
diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or
type of workman required to execute the contract. A copy of yard prevailing rate of per diem wages is on
file in the office of the City Clerk, to which reference is hereby made for further particulars. Said
prevailing rate of per diem wages will be made available to any interested parry upon request, and a copy
thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2
(commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be
complied with.
Notice is hereby given that, pursuant to Section 1776(g)' of the Labor Code of the State of
California that the Contractor shall make available as required , this Section of the Labor Code certified
payroll records and that penalties for violation o,," section maybe enforced.
6. Hours of Labors The Contractor;shall forfert, as penalty to said City, Twenty -five Dollars
($25.00) for each workm emphye in the execution ,nf the "J act by' him or by any subcontractor, for
each calendar day ich an workman is re uired.or ermitted to labor more than eight (8) hours in
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any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of
Article 3, Chapter 1, Part 7, D i ion 2',-r encing; with Section 1810) of the Labor Code of the State of
California. _ `
7. Apprentices 4 accordance with the provisions of Section 1777.5 of the Labor Code, and in
accordance with the rules and"k cedures f 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'..",m the respective crafts or' trades may be the ratio stipulated in the apprenticeship
standards under which the appropnate 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 Apprenti ceship Standards. Willful failure by the Contractor to comply with said Section
1777.5 shall result in his being "enied 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
stan dards of working conditions shall be obtained from the Director of the Department of Industrial
Relations, who is the Administrative Officer of the California Apprenticeship Council.
8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads
as follows:
"A contractor shall not discriminate in the employment of persons upon public
works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise
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provided in Section 12940 of the Government Code. Every contractor for public works who
violates this section is subject to all the penalties imposed for a violation of this chapter. "
9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5,
Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to
secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect
adequate Workmen's Compensation Insurance.
The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workanen's compensation or to undertake self -
insurance in accordance with the provisions of that Code, and unl„1 comply with such provisions before
commencing the performance of the work of this contract. K
10. Indemni : To the fullest extent parr
harmless, release and defend City, its officers, elected o
and against any and all actions, claims, demands, `dam
ti
limited to, attorney's fees and other defense costs and
person or entity including Contractor, m vuhole or in p
including the activities of other persons employed or
Agreement excepting liabilities due to the aetrve neghg
not limited in any way by any limitation on 915e.arri6un
for Contractor under Worker's, Compensation, disabi
applicability or limitations ;Qi any insurance held or pri
parties after termination/completion of" Agreement
11. Attorneys Fees
procedure, mg1,uJ g fan action
other to perform or keep- -any t
party prevm,)Mg in said action
reasonable attorneys fee to be
fees on appeal, if, any.
12. Substitution of 6
Code Section 22300, securities
performance under a contract
the amount withheld shall be `de
as the escrow agent, who shall
contract.
by law, Contractor shall indemnify, hold
s, employees, consultants and volunteers from
disability, losses, expenses including, but not
:ies of any nature t1f at,atnay be asserted by any
isiaig out of Contractor's activities hereunder,
dal y Contractor in the performance of this
the City. This indemnification obligation is
pe of damages or compensation payable by or
r other "e"'nployee benefit acts or the terms,
M= ontraetor and shall continue to bind the
theiii,w ent either party hereto shall commence any legal action or
clarato relief, against. the other, by reason of the alleged failure of the
o enant,
f... of this contract by it to be performed or kept, the
oeeedzng shall be entitled to recover, in addition to its court costs, a
by the curt, and such recovery shall include court costs and attorneys
cu:d&s for Withheld Amounts: Pursuant to California Public Contracts
nay e substituted for any moneys withheld by a public agency to ensure
th "request and sole expense of the Contractor, securities equivalent to
posited with the public agency, or with a state or federally chartered bank
pay such moneys to the Contractor upon satisfactory completion of the
Securities eligible for substitution under this section shall include those listed in the California
Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit.
The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and
shall receive any interest thereon.
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Any escrow agreement entered into pursuant to this section shall contain as a minimum the
following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of the Contractor; and
C. The termination of the escrow upon completion of the contract.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its
officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above
written.
CITY OF ROHNERT PARK
City Manager D
Per Resolution No. 2009 -30 adopted by the
Rohnert Park City Council on April 14, 2009.
City Attorney
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SURFACING SYSTEMS
AS TO FORM: