2012/05/08 City Council Resolution 2012-40RESOLUTION NO. 2012 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
WATER STORAGE TANKS 1, 3,4 AND 5 EXTERIOR COATING,
CITY PROJECT NO. 2008-03 AND AWARDING THE CONTRACT TO
OLYMPUS PAINTING AND SANDBLASTING
WHEREAS, the plans and specifications for the Water Storage Tanks 1, 3, 4 and 5
Exterior Coating were designed by Brelje & Race Consulting Engineers, Inc, and approved by
the Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and bids were opened on April 12, 2012;
and
WHEREAS, four bids were received ranging in price from $499,549.50 to $801,400.00;
and
WHEREAS, Brelje & Race Consulting Engineers, Inc., reviewed all bids for
responsiveness; and
WHEREAS, Brelje & Race Consulting Engineers, Inc., determined that Olympus
Painting and Sandblasting, submitted the lowest cost bid and is the lowest responsive and
responsible bidder; and
WHEREAS, on May 8, 2012 a duly noticed public meeting was held on the approval of
the plans and specifications and the award of the contract; and
WHEREAS, the City Council determined that the Project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to the following
authorities:
1) Section 15301 of Title 14 of the California Code of Regulations, for the operation,
repair, maintenance, permitting, leasing, licensing or minor alterations to existing public or
private structures, facilities, mechanical equipment or topographical features involving negligible
or no expansion of use beyond that existing at the time of the lead agency's determination,
including publicly -owned utilities used to provide sewerage or other public utility services;
2) Section 15061, subdivision (b)(3), because CEQA applies only to projects which have
the potential for causing a significant effect on the environment and it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The above recitals are true and correct and are hereby incorporated into this Resolution as
findings of the City Council of the City of Rohnert Park.
2. In making its findings the City Council relied upon and hereby incorporates by reference
all of the bid materials, correspondence, staff reports and all other related materials.
3. The plans and specifications for the Water Storage Tanks 1, 3, 4 and 5 Exterior Coating
Project are hereby approved and adopted.
4. The Project is hereby found to be categorically exempt from CEQA in accordance with
the CEQA Guidelines as cited in this resolution.
5. In accordance with California Public Contract Code Section 20160 and following any
other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid
of Olympus Painting and Sandblasting for the Water Storage Tanks 1, 3, 4 and 5 Exterior
Coating Project to be the lowest, responsive bid and waives any irregularities in such bid
in accordance with applicable law.
6. The City Manager is hereby authorized and directed to execute the contract with
Olympus Painting and Sandblasting for the amount of four hundred ninety -nine thousand
five hundred forty -nine dollars and fifty cents ($499,549.50) for construction of the
Project in accordance with the bid documents and applicable law upon submission by
Olympus Painting and Sandblasting of all documents required pursuant to the Project bid
documents.
7. City staff is hereby directed to issue a Notice of Award to Olympus Painting and
Sandblasting for this project.
8. This Resolution shall become effective immediately.
9. All portions of this resolution are severable. Should any individual component of this
Resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining resolution portions shall continue in full force and effect,
except as to those resolution portions that have been adjudged invalid. The City Council
of the City of Rohnert Park hereby declares that it would have adopted this Resolution
and each section, subsection, clause, sentence, phrase and other portion thereof,
irrespective of the fact that one or more section subsection, clause sentence, phrase or
other portion may be held invalid or unconstitutional.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 8th day of May, 2012.
TEST:
Interim Deputy City Clerk
CITY OF ROHNERT PARK
AHANOTU: AyE BELFORTE: AyE CALLINAN: AYE STAFFORD: AYE MACKENZIE AYE
AYES: ( 5) NOES: (0 ) ABSENT: (0 ) ABSTAIN: (0 )
CONTRACT
WATER STORAGE TANKS 1, 3, 4 AND 5 EXTERIOR COATING
PROJECT NO. 2008-03
THIS AGREEMENT, made and entered into this day of , 20 —' by
and between Olympus Painting & Sandblasting, hereinafter called "Contractor ", and the City of
Rohnert Park, hereinafter called "City ".
WHEREAS, the City Council of said City has
the work hereinafter mentioned in accordance with,.
NOW, THEREFORE, IT IS AGREED,
1. Scope of Work: The Contractor shall
materials, equipment and all utility nsport,
ft
����
of construction and installation of the o�em(
�����
adopted by the City Council of said Cit� \oin
particularly set forth in the Contractor's then
work done or to be done.J,ftffilIa`trs. �1 `
2. Time of Pe`
fifteen (15) calendar
shall dihizently- -rose
within"' further time ���V`aid
City liquidate damages m<
each and e s day's delay
the specifications, which provisi
3. Payments: P
the times and in the
Contractor's bid.
Jed a contract to Contractor for performing
aled nronosal.;of said Contractor.
orm all ;the work and °" ;h all the labor,
serviceslequired to complWall of the work
nore particularly described in the Resolution
12 the items and quantities of which are more
file in the office of the City Clerk, except
zidated Damages: The Contractor shall begin work within
notice bythe City Engineer to proceed with the work and
npletion within 230 calendar days of that Notice.
snot complete 4he work within the time limit so specified or
C "ouncil shall lave authorized, the Contractor shall pay to the
nt of one thousand four hundred dollars ($1400.00) per day for
ishmg the work beyond the completion date so specified.
said time of completion and liquidated damages are set forth in
gyre hereby referred to and incorporated herein by reference.
?ill be made by City to the Contractor for said work performed at
provided in the specifications and at the unit prices stated in
The award of the contract is for a total amount of four hundred ninety -nine thousand five
hundred ninety -nine dollars and 50 cents. ($499,599.50).
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
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= 'Co
City has obtained from the Director of the Department of lndustria
rate of per diem wages and the general prevailing rate for holidays
classification, or type of workman required to execute the contrac
of per diem wages is on file in the office of the, 1`4`ty Clerk, to wh
further particulars. Said prevailing rate of per di wages will be
11—
party upon request, and a copy thereof shall be p' ted at the ,lob
Chapter 1, Part 7, Division 2 (commencing with Section 1770),0
Section 1775 thereof, shall be complobNo.
Notice is hereby given that, p
California that the Contractor shall
certified payroll records A".4 tpeI
6. Hours of LMT ' The
N
($25.00) for each w v' / ,/n
subcontractor f each cal�id
cvy� �/iiy a
more thaniiurs in are
H ME
violationo the provlsf�s of
1810) o Labor Code SW
e of the State of California, the
Relations the general prevailing
ad overtime work for each craft,
A copy of said prevailing rate
X11 reference is hereby made for
nade`available to any interested
te. The�pr \sions of Article 2,
he Labor CQcleand particularly
1776(g) of the Labor Code of the State of
required u� this Section of the Labor Code
f thesection may be enforced.
-tor shall forfeit as penalty,io said City, Twenty -five Dollars
ed in the execution of the contract by him or by any
lunng which any workman is required or permitted to labor
rleritlar day and forty (40) hours in any one calendar week, in
3, Chapter a, Part 7, Division 2 (commencing with Section
7. Ash exi ices: In accdrdance w1th1he provisions of Section 1777.5 of the Labor Code, and
in accordance `4th ie rules and'procedures of the California Apprenticeship Council, properly
indentured appren ,iices,,,shall be employed in the prosecution of the work. The ratio of apprentices to
journeymen who shaIlbe employed in the respective crafts or trades may be the ratio stipulated in
the apprenticeship sta which the appropriate joint apprenticeship committee operates.
In no event shall the ratio be cress 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 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) acid 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 visions of Section 3700 of the Labor Code
which requires every employer to be insured'agffinst liability for workmen's compensation or to
undertake self - insurance in accordance with the provisions of that Code, and wilj comply with such
provisions before commencing the performance off work oths contract.
10. Indemnify: To the fullest
harmless, release and defend City, its o
consultants from and against any and
expenses including, but �" d to,
nature that may be as y a ers
out of Contractor s� ities he d
utilized by Contractor i eding S
Agreement e ce ting liab lit es due tc
C
fit acts or]
shall Conti
in ,;
:� or
e�rnitted by law, Contractor shall indemnify, hold
IMM,
er ,
be, officials, employees, agents, volunteers, and
ctions 11 claims, demands, damages, disability, losses,
�� 's fees�artd other defense costs and liabilities of any
ore ty mcludmg ntractor, in whole or in part, arising
including Ahe activities of other persons employed or
actors lufbd by the Contractor in the performance of this
ie active negligence of the City. This indemnification
any :.limitation on the amount or type of damages or
etor ffider Worker's Compensation, disability or other
ibility or "limitations of any insurance held or provided by
arties after termination/completion of this Agreement.
11. Attorneys Fees: In the :event either parry 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 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 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.
6
IN WITNESS WHEREOF, the City of Rohiie t Park has caused these - presents to be executed
by its officers, thereunto duly authorized, and C'>ilractor has subscribed sd� all on the day and
year first above written.
CITY OF ROHNERT PARK
City Manager
Per Resolution No. <<RESO #>>
City Council at its ineeiPo�<T
ATTEST:
City Clerk
PAINTING &
iTING
Date Name /Title
APPROVED AS TO FORM:
City Attorney
Date