Loading...
2009/09/08 City Council Resolution 2009-93RESOLUTION NO. 2009 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE STADIUM LANDS WETLANDS ELIMINATION PROJECT CITY PROJECT NO. 2009-06 AND AWARDING THE CONTRACT TO PIAZZA CONSTRUCTION WHEREAS, the plans and specifications for the Stadium Lands Wetlands Elimination Project ( "the Project ") were approved for construction by the City Engineer; 2009; WHEREAS, the Project was advertised for bids and bids were opened on September 3, WHEREAS, 7 bids were 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, Piazza Construction 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 Stadium Lands Wetlands Elimination Project are approved and adopted. BE IT FURTHER RESOLVED that the bids for the Stadium Lands Wetlands Elimination Project are accepted, and the contract is awarded to Piazza Construction for the amount of $115,106.00. 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; 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 8a' day of September, 2009. CITY OF ROHNERT PARK ATTEST: Clerk l YJV--1-F U W(k 147 BELFORTE: AYE CALLINAN: AYLY MACKENZIE: ABSENT STAFFORD: AYE BREEZE: ABSENT AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0) CONTRACT STADIUM LANDS WETLANDS ELIMINATION PROJECT NO. 2009-06 THIS AGREEMENT, made and entered into this day of , 2009, by and between Piazza Construction, hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". Z `. WHEREAS, the City Council of said performing the work hereinafter mentioned i Contractor. NOW, THEREFORE, IT IS AGREED, 1. Scope of Work: Thee( materials, equipment and all utility an of construction and installation of the adopted by the City Council of said ( are more particularly s va F �the ( except work done or a y Wone ci th _.. :. 2. within ten shall diliz contract to Contractor for e, sealed proposal of said shall p6 the work and furnish all the labor, ,tation service „required to complete all of the work nbpts more pift"arly described in the Resolution ptbrnber , 2009', the items and quantities of which s bid,,theox,on fit ek the office of the City Clerk, lamages: The Contractor shall begin work City Engineer to proceed with the work and '25 calendar days of that Notice. 'Tn tho event the Co�ractor dsot complete the work within the time limit so specified or within such'fi�rther time as s lCrty C iac l shall have authorized, the Contractor shall pay to the IM” City liquidated drnages in the�ount of$00 (eight hundred dollars) per day for each and every day's delay m fiinshing the worl��laeyond the completion date so specified. Additional provisions with regard to said tie of COTTl tion and liquidated damages are set forth in the specifications, which provisions are hby rdd to and 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 $115,106.00. 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: 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 Drawings, 5. Wage Scale: Pursuant to Section 1773 o tk�e�L*, or Code of the State of California, the City has obtained from the Director of the a,ft o`I�fndustrial Relations the general prevailing rate of per diem wages and the general prevailing rate forN ohdays and overtime work for each craft, classification, or type of workmanec� red to execute thecontract. A copy of said prevailing rate of per diem wages is on file n�� office of the City Cl xkkito which reference is hereby made for further particulars. Said prevailing ate of per`em wages '1be made available to any interested party upon reque, and a copy tiexeolzallbe posted a-,th job site. The may€ provisions of Article 2, Chapter 1, Pik," ,,,D vision 2 (co encmg with Section 1`7'70) of the Labor Code and particularly Section 1775 theteof;shall be complied nth, Notice is hereby given that, pursuant to 968 1776(g) �f, e Labor Code of the State of California that the Co tractQx hO make 404a le tau red m Section of the Labor Code certified payroll recor s and thafpenalties fort olation of the s etion may be enforced. _' � 6. Hours of�abor ThekContract eit, as penalty to said City, Twenty -five Dollars ($25.0 .7,,,,,for each vsoxkrnfamplayed in of the contract by him or by any s,� �-a ` Jg � �a subcontCnr; for eachcalen�ard�y dunnglnctlh any workman is required or permitted to labor more � fight (8) hon�any bne�alendar daanxl forty (40) hours in any one calendar week, in violatio�f the provisiono Artice3, Chapter h, Part 7, Division 2 (commencing with Section 18 10 )of tiebor Code of estate ofalornia. 7. A kientices: In'F accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with tie Mules and procedures of the California Apprenticeship Council, properly indentured ajo''O"J"' tic,6§1sMall. be employed in the prosecution of the work. The ratio of apprentices to journeymenwha 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 2 of 4 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 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 1q;`44`6 bird 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 Codenf the State of California, the Contractor is required to secure the payment of compensatigg -M. is employees and §Wl for that purpose obtain and keep in effect adequate Workmen's Comp enaon Insurance. ti 44 /r. The undersigned Contractor is,aware of the pis�o/s of Section 3700 ©f the Labor Code which requires every employer to bnsuxed against lbilty for workmen s compensation or to undertake self - insurance in accordance witleprovisions o f that Code, and will comply with such provisions before commencing the perfor o” contract. 10. Indemm N `77,? . harmless, release and defend G volunteers from an st any expenses including, but MJimite nature that uiay b�sserted b out of Contra�tor�aet�ntieM negligeftO�of the City. Thi indemii if on the amount or type of dan}�ges or Comnensation disability or odI'M em any insurance hied ror this ;st extent pe to byzJaw, Contractor shall indemnify, hold its offi6ers, -381 A officials, employees, consultants and l all actibn� �c�aims, demands, damages, disability, losses, attorney's fees and other defense costs and liabilities of any �pn erentity including Contractor, in whole or in part, arising Ier; ` ° clbd'ng `h b activities of other persons employed or nce of t �greement excepting liabilities due to the active ibation obligation is not limited in any way by any limitation ci ensation payable by or for Contractor under Worker's loye&O'benefit acts or the terms, applicability or limitations of Contractor and shall continue to bind the parties after s In the event either hereto shall commence any lega l l action or 11. Attorneys fee 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, 3 of 4 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. 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. Any escrow agreement entered into pursuant to this seettOn shall contain as a minimum the following provisions: /_ a. The amount of securities to be depie`d, b. The terms and conditions of c,, rsion to cash in case' � the default of the Contractor; and C. The termination of IN WITNESS WHEREOF, th executed by its officers, thereunto duly day and year first abovete CITY OF ROHNERT PARK City Maya Per Resolution N City Council at its ATTEST: City Clerk f adopted by the! Qftt Park of September 8, 260,9 '4a upon 4 of 4 of the contract. caused these presents to be s subscribed same, all on the CONSTRUCTION Name/Title APPROVED AS TO FORM: City Attorney Date