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2009/10/27 City Council Resolution 2009-114RESOLUTION NO. 2009 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE STADIUM LANDS MODULAR BUILDINGS REMOVAL PROJECT CITY PROJECT NO. 2009-07 AND AWARDING THE CONTRACT TO DELTA OILFIELD SERVICES, INC. WHEREAS, the plans and specifications for the Stadium Lands Modular Building Removal Project ( "the Project ") were approved.for consiruction by the City Engineer; WHEREAS, the Project was advertised for bids and bids were opened on October 22, 2009; WHEREAS, Four (4) bids were received; WHEREAS, the Development Services Department reviewed the bid for responsiveness; WHEREAS, California law requires that bids be awarded to the lowest responsive, responsible bidder; and WHEREAS, Delta Oilfield Services, Inc. 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 Modular Buildings Removal Project are approved and adopted. BE IT FURTHER RESOLVED that the bids for the Stadium Lands Modular Buildings Removal Project are accepted, and the contract is awarded to Delta Oilfield Services, Inc. for the amount of twenty four thousand two hundred fifty dollars and no cents ($24,250.00). 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. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of October, 2009. ATTEST: A _ CITY OF ROHNERT PARK Mayor BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE. STAFFORD: AYE BREEZE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CONTRACT STADIUM LANDS MODULAR BUILDINGS REMOVAL PROJECT NO. 2009-07 THIS AGREEMENT, made and entered into this day of , 20 , by and between Delta Oilfield Services, hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". AL ESSET WHEREAS, the City Council of said Ci haward` da contract to Contractor for performing the work hereinafter mentioned i ordance w t�me sealed proposal of said Contractor. , .. NOW, THEREFORE, IT IS AGREED, 1. Scope of Work: ThNO", materials, equipment and all utility of construction and installation of the i adopted by the City Council of said City more particularly set f : Contr except work done or 110e er: 2. within ten shall dili event the Cjinth within suc her time City liquidate amages every day's del u. finishing provisions with re - , to said specifications, which p v io k shall pe T 1 11 �� all the work and Ri sh all the labor, tation serve required to complete all of the work more p arly described in the Resolution Abe 009„ th ems and quantities of which are oid m filethe office of the City Clerk, lamages: The Contractor shall begin work City Engineer to proceed with the work and 40 calendar days of that Notice. for `- ,. of complete the work within the time limit so specified or ity '1 shall have authorized, the Contractor shall pay to the ount .o ive Hundred Dollars ($500.00) per day for each and work beyond the completion date so specified. Additional e of completion and liquidated damages are set forth in the hereby referred to and incorporated herein by reference. 3. Payments: `P5yments 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 $24,250.00. 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 Drawings 5. Wage Scale: Pursuant to Section 1773 the City has obtained from the Director of the Del prevailing rate of per diem wages and the general pre each craft, classification, or type of workm sit prevailing rate of per diem wages is on file iri lie of hereby made for further particulars. Said prevailin to any interested party upon reques and a copy t provisions of Article 2, Chapter 1, Pm` 'vision 2 (c Code and particularly Section 1775 be co "l 11 J j a r Code of the State of California, xrient o dustrial Relations the general ng rate forlohdays and overtime work for to execute I ntract. A copy of said of the City Clerl� to which reference is Apec"�e m wages 1?b e made available be posted a, job site. The g with Section 17 0) of the Labor Notice is hereby giv n that, pursto See o 776(g' e Labor Code of the State of California that the Co, 1 make a�able�m � Section of the Labor Code certified payroll recor . d tha : alties for 1 f t t n may be enforced. 6. Hours ofbor Contractor . E all forfeit, as penalty to said City, Twenty -five Dollars ($2 . each d in _ execution of the contract by him or by any subcontr a r ale n y dunng 1nchh workman is required or permitted to labor more fight (8) ho any�,�� endar d §arid forty (40) hours in any one calendar week, in violatic the provisions :Article, hapter 1, Part 7, Division 2 (commencing with Section 1810) of or Code of to of forma. 7. ntices: Inca 5'cordance with the provisions of Section 1777.5 of the Labor Code, and in acco e with t es and procedures of the California Apprenticeship Council; properly indentured I tic all be employed in the prosecution of the work. The ratio of apprentices to journeymen all be employed in the respective crafts or trades may be the ratio stipulated in the appre e p 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: "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 sect* . xis subject to all the penalties imposed for a violation of this chapter. " A- p p :� . 9. Workmen's Compensation Insurance: Ir < ac oe ce with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with S „ectron 1860' -n Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Co ” ` f the State MR, , alifornia, the Contractor is required to secure the payment of compensatio 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 accordar provisions before commencing the p 10. Indemni harmless, releas e a end volunteers from an __ inst any expenses including, but ite nature that - serted - W out of O A a:ivitie� negligees the City. T den on the ama ; or type of d es or Compensatro , "lability or otl 6 rap any insurance L z or provid by terminationlcomplenf this A . m of the 's'. Section 3700he Labor Code 1 agamst .. for workmen's compensation or to e rovisions of that Code, and will comply with such _e work o � ,contract. ;st exte 4t pe aw, (tractor shall indemnify; hold its o ed als, employees, consultants and all ac tr aims, demands, damages, disability, losses, attorney's ee and other defense costs and liabilities of any entity x - = c uding Contractor, in whole or in part, arising ter, =ding e activities of other persons employed or ace of tlil eement excepting liabilities due to the active ration obligation is not limited in any way by any limitation ensation payable by or for Contractor under Worker's .oy enefrt acts or the terms, applicability or limitations of Contractor and shall continue to bind the parties after 1 1. Attorneys ` Vn the event either party hereto shall commence any legal action or procedure, including an ac 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 parry 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. 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 c ion shall contain as a minimum the following provisions: :. a. The amount of securities to be dep b. The terms and conditions of c version to cash in c the default of the Contractor; and�� C. The termination of the w upon comp of the contract. IN WITNESS WHEREOF, th ity hnert P as caused these presents to be executed by its officers, thereunto duly a i _ rize , ontrac subscribed same, all on the day and year first above CITY OF ROHNER DEL OILFIELD SERVICES, INC. City M §irL " ate Na me /Title Pr luti3 adpted by the ` ©, crt Pazk City Council at � of October 27, 20 ATTEST: - - , ` v APPROVED AS TO FORM:, City Clerk City Attorney Date