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2011/06/14 City Council Resolution 2011-44RESOLUTION NO..2011- 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE 2011 VARIOUS STREETS OVERLAYS, PROJECT NO. 2010-09, AWARDING THE CONTRACT TO GHILOTTI BROS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS WHEREAS, the plans and specifications for the 2011 Various Streets Overlay Project No. 2010 - 09 ( "the Project ") were prepared by Winzler & Kelly Consulting Engineers; WHEREAS, the plans and specifications for the 2011 Various Streets Overlay Project No. 2010- 09 were approved by the Deputy City Engineer; WHEREAS, the Project was advertised for bids and bids were opened on June 2, 2011; WHEREAS, the City received 4 bids; WHEREAS, Winzler & Kelly Consulting Engineers reviewed all 4 bids for responsiveness; WHEREAS, Ghilotti Bros, Inc. submitted the lowest cost bid; and WHEREAS, it has been determined that Ghilotti Bros, Inc. is the lowest responsive and responsible bidder. NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that the. Plans and specifications for the 2011 Various Streets Overlays Project are approved and adopted. BE IT FURTHER RESOLVED that the bids for the 2011 Various Streets Overlays Project are accepted, and that Ghilotti Bros., Inc. was the lowest responsive and responsible bidder. BE IT FURTHER RESOLVED that the contract for the Project is awarded to Ghilotti Bros., Inca, for the amount of $587,827.50. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute a contract in substantially similar form to the contract attached hereto as Exhibit A for and on behalf of the City of Rohnert Park; and is also authorized to approve cumulative contract change orders up to twenty. percent (20 %) of the value of the original contract price. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 144h day of June, 2011. CITY OF ROHNERT PARK ATTEST: r �19 A A Clerk I I X U nkaFA1Cisk,RN ►p AHANOTU: AYE CA-ELINAN: AYEQ MACKENZIE: ABSENT STAFFORD: AYE BELFORTE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) OAK #4839-1565-3641 v1 CONTRACT 2011 VARIOUS STREETS OVERLAY PROJECT PROJECT NO. 2010-09 THIS AGREEMENT, made and entered into this day of , 2011, by and between Ghilotti Bros., Inc., hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called Ticityll W I T N E S S E T H u WHEREAS, the City .Council of said City has awarded a contracSt to Contractor for performing the work hereinafter mentioned in accordance with the s osal of saidContractor. NOW, THEREFORE, IT IS AGREED, as 1. Scope of Work: The Clown materials, equipment and all utility an&- construction and installation of the impr Specifications adopted by Resolution by the-,, quantities of which are more articularly set f Val City Clerk, except work doae ©r to b, done by 2. Time of P6 %1ar fifteen (15) calendar days after diligently proseci3axne to F. .. : In t1 E vent the Coii such further w as said City < NMI., damages in the aount of $1,1 completion date sopepified. . damages are set fo spE by reference.fi4s , icp by shall `p�er�foxm�al the work and`rnish all the labor, ttion serv�lq "'e. ired to complete all of the work of more paxcularly described in the Plans and oaxrc of said `y on June 14, 2011, the items and i the Contractor's btherefor on file in the office of the ,d Damages: The Contractor shall begin work within they G ty Engineer to proceed with the work and shall 1P ca:),'dar days of that Notice. 'ftt complete tl e work within the time limit so specified or within shalFbave authorized, the Contractor shall pay to the City liquidated day foreach and every day's delay in finishing the work beyond the nal provisions with regard to said time of completion and liquidated dins, which provisions are hereby referred to and incorporated herein 3. PgMents: 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 $587,827.50. 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 Page 1 d) Accepted Proposal e) Faithful Performance Bond f j Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings 5. Wage : 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 Relatlos the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtJ mi work for each craft, classification, or type of workman required to execute the contract. A copy ofd prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is herel n`adefo further particulars. Said prevailing rate of per diem wages will be made available to. any mtersEd party upon,fequest, and a copy thereof shall be posted at the job site. The provisions of Articl � Chapter 1, Part'7�,��Division 2 (commencing with Section 1770) of the Labor Code and particularly S� tapn 1775 thereof, shall 1* complied with. Notice is hereby given that pursuant to SectioiN .7 3,s that the Contractor shall make available gas required intl% records and that penalties for violation of��eon may be 6. Hours of Labor The Contras or shat fit",, as p' ne ($25.00) for each workman W ogVed in the e eution of��e contras each calendar day during�Nfifil n workman is r quired of p iittec R . any one calendar day ancj fog ty (40) lio�s in any o � a e dar web% 3, Chapter 1, Part 7, Divagbn 2 (co eneing wi I Section 1810) California. 7. accordance_ 6th the rules ai 11$ o apprentices shallse employed >1 shall be emploAUNgfin the respect standards under wflie appropri V be less than one appreitx�� for each Division of Apprenticeshifi tandar, shall result in his being demd. ,q date the determination is made. Labor Cod& f the State of California of the Labor erode certified payroll ty to said City, Twenty -five Dollars W im or by any subcontractor, for to�labor more than eight (8) hours in violation of the provisions of Article of the Labor Code of the State of nce with tt e� r- mvigibns of Section 1777.5 of the Labor Code, and in �s of the CMH&nia Apprenticeship Council, properly indentured 0J,o. n of the work. The ratio of apprentices to journeymen who ,rafts� trades may be the ratio stipulated in the apprenticeship joint apprenticeship committee operates. In no event shall the ratio =journeymen unless a certificate of exemption has been issued by the Willful failure by the Contractor to comply with said Section 1777.5 to bid .on a public works contract for a period of six months from the 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 12.926 and 12926.1 of the Government Code, except as otherwise Page 2 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 workn e's "compensation or to undertake self - insurance in accordance with the provisions of that Code, anti, wail comply with such provisions before commencing the performance of the work of this contract. �h 10. Indemnify: To the fullest extent penni, release and defend City, its officers, elected officials, ; and against any and all actions, claims, demands, 4dan limited to, attorney's fees and other defense costs and person or entity including Contractor, m�,hole or in p including the activities of other persons RO-.oyed or � Agreement excepting liabilities due to the aveegltg not limited in any way by any limitation on fi amour a for Contractor under Workgr -& Qgmpensation..... applicability or limitation anyinsarance heldr pry parties after tenmination/6o�nletion oftlirs Agreement law, Contractor�shall indemnify, hold harmless, >yees, agents, v"teers, and consultants from disability, losses'Up nses including, but not Iie �a y nature that ay be asserted by any insrot of ContractoraFctivities hereunder, N' y Contractor in the performance of this of`fh�City. This indemnification obligation is ype of cainages or compensation payable by or Brother eloyee benefit acts or the terms, d 1jContraetor and shall continue to bind the IL Attorneys Fees g In the eygnt eitherz party hereto shall commence any legal action or procedure, mclOdri ` fiction forcaratoje f a aipst the other, b reason of the alleged failure of the �g n3' a g Y g other to pe or keep anyerm,�COVenant, or condition3f this contract by it to be performed or kept, the ,. party prevail g m said actin or pro ending shall bblentitled to recover, in addition to its court costs, a reasonable a c e s fee. to be by their &m t, and such recovery shall include court costs and attorneys fees on appeal, 12. Subst t l of Secuntt s for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, se ad `e substituted for any moneys withheld by a public agency to ensure performance under a c uest and sole expense of the Contractor, securities equivalent to the amount withheld shall be 11 fT ith 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. Page 3 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 kGHLOTTI'$ROS., INC. City Manager Per Resolution No. 2011 -44 adopted by the Rohnert Park City Council at its meeting of June 14, 2011. ATTEST: City Clerk Page 4 Ghilotti Date