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2012/06/12 City Council Resolution 2012-54RESOLUTION NO. 2012-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE RANCHO VERDE TRAFFIC SIGNAL, CITY PROJECT NO. 2011-08 AND AWARDING THE CONTRACT TO W. BRADLEY ELECTRIC, INC. WHEREAS, the plans and specifications for the Rancho Verde Traffic Signal Project No. 2011 -08 ( "the Project ") were designed by Whitlock & Weinberger, Inc. (W- Trans) with assistance from City Staff and approved by the Deputy City Engineer; WHEREAS, the Project was advertised for bids and bids were opened on May 22, 2012; WHEREAS, four bids were received; and WHEREAS, the City Engineering staff determined that W. Bradley Electric, Inc., was the lowest responsive, responsible bidder. WHEREAS, the City Council determined that the Project is exempt from the requirements of the California Quality Act (CEQA) pursuant to the following authorities: 1. Section 15301 of the State CEQA Guidelines, the operation and minor alteration of existing public facilities with additional safety protection devices for use with existing public facilities, including existing streets, sidewalks, gutters and bike paths, is Categorically Exempt from the provisions of CEQA (Class 1 — Existing Facilities). The project involves no expansion of an existing use. There are no federally listed or candidate species, or suitable habitat, or Critical Habitat within the construction area. There is no substantial evidence that there would be a significant adverse environmental impact associated with the project. 2. Section 15303 of the CEQA Guidelines, installation of small new equipment such as electrical utility extensions, including street improvements, of reasonable length to serve such construction is Categorically Exempt from the provisions of CEQA. NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that the plans and specifications for the Rancho Verde Traffic Signal Project No. 2011 -08 are approved and adopted. BE IT FURTHER RESOLVED that the bids for the Rancho Verde Traffic Signal Project No. 2011 -08 are accepted, and the contract is awarded to W. Bradley Electric, Inc., for the amount of $218,873.80. 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 June 12, 2012. CITY OF ROHNERT PARK AHANOTU: A�J�F- BELFORTE: _&14E CALLINAN: STAFFORD: MACKENZIE: AYES: (S ) NOES: ( 0 ) ABSENT: (® ) ABSTAIN: ( C) ) CONTRACT TRAFFIC SIGNAL INSTALLATION ON ROHNERT PARK EXPRESSWAY AT RANCHO VERDE CIRCLE PROJECT NO. 2011 -08 THIS AGREEMENT, made and entered into this day of 2012 by and between W. Bradley Electric, Inc., hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance vvth the seated proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, I. Scope of Work: The Contractor shall materials, equipment and all utility and t- ortatior of construction and installation of the imp tints adopted by the City Council of said City o more particularly set forth in the Contractor' d thf except work done or to be done by others. A. 2. Time ofedPerform within fifteen (15) c#keica days and shall diligently proses o the In te�NN IN e-hContra within sitt?h further t* e said, City idated dam agese finishin t%iwork beyond th�cc said time o . : pletion and are hereby refercd,�to and in pertd ,, l the work and furnish all the labor, Qk servicesEired to complete all of the work more particuia ly described in the Resolution 012, the rtem�and quantities of which are e �0r :on file -i the office of the City Clerk, Etna Liquidated Damages: The Contractor shall begin work official notic" by,the City Engineer to proceed with the work to coin letion p thin 90 calendar days of that Notice. s not complete the work within the time limit so specified or ouncil shall have authorized, the Contractor shall pay to the '1WN6 $1,000.00 per day for each and every day's delay in (ion date so specified. Additional provisions with regard to damages are set forth in the specifications, which provisions herein by reference. " y ` yments will be made by City to the Contractor for said work 3. Paymett Pa performed at the tunes end m the manner provided in the specifi in Contractor's bi cations and at the unit prices stated d. The award of the contract is for a total amount of $218, 873.80. 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 k) Technical Specifications 5. Wage Scale: Pursuant to Section 1773 of the Labor Codo, ©fthe State of California, the City has obtained from the Director of the DepantA, of-" Ind luelations the general prevailing rate of per diem wages and the general prevailing rat`s °for holidays aiaovertime work for each craft, classification, or type of workman requ�r "d to execute the contracts y of said prevailing rate of per diem wages is on file in the crfe of the�ity Clerk, tow ", reference is > `nti:: hereby made for further part iculars. Said prevailing rat ' o �, e q iem� wages will be --made available to any interested party upon request, and a copy thereo 1 be posted at the job site. The `x provisions of Article 2, Chapter 1, Part 7 Lvision.2 (comment # with Section 1770) of the Labor Code and particularly Section 1775 thereo complied wit Notice is hereby given that, pursuant lo S California that the Contractor shall make avab certified payroll records aid a alties for vi t 6. Hours t bor: Contractor Dollars ($25.00) for eac Wtarkm E em loyed in subcontractor, foLeach cale - �Q I - ? ,, , gin' more than s in an�e violaho . o the prove nl; of Arf e 1810) -fthe Labor Code o . = e State a (g) of�tlie Labor Code of the State of req ur 2H i'this Section of the Labor Code of the section may be enforced. ?rteit, as penalty to said City, Twenty-five ( ecction of the contract by him or by any workman is required or permitted to labor nda'dand forty (40) hours in any one calendar week, in Chapter 1, Part 7, Division 2 (commencing with Section 7 kffiA rentices: accordance with the provisions of Section 1777.5 of the Labor Code, and m a x�dance wit e rules and procedures of the California Apprenticeship Council, properly mden> d D renty is shall be employed in the prosecution of the work. The ratio of apprentices to journe a mhl o shall be employed in the respective crafts or trades may be the ratio stipulated in the apn ices hip 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 section is _,subject to all the penalties imposed for a violation of this chapter. " a' "' 9. Workmen's Compensation Insurance: In accordance withhe provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1.8 d Chapr ,Part 1; Division 4 (commencing with Section 3700) of the Labor Code gf -the State of Califormathe Contractor is required to secure the payment of compensation to hi-- employegs and shall fort } . u ,ose obtain and keep in effect adequate Workmen's CompensationRsurance;,. The undersigned Contractor is aware of the provig" Hof Section 3700 of the Labor Code which requires every employer to be in _red against liabili workmen's compensation or to undertake self - insurance in accordance wi ±✓ ;rovisions of than. e, and will comply with such provisions before commencing the performape york of this cap =ct. 10. Indemni : To the fullest exteri pe — -N r .0 ontractor shall indemnify, hold harmless, release and def iG : is officers, e�I ed official,�'employees, agents, volunteers, and consultants from and ArKinst an.: and all action claims de d d expenses including,�bV�ot limiter nature that may be assertNe, 14, any out of Contractor's activiti �hef utilized b 06MUN e"� cludinJim Agreement exceptmgla�UM obliga,111, is not limited ny compen �a won payable byo for employee bariet acts or the �s, I Contractor and shall continue o;= it man s, amages, disability, losses, ©, attorney's fees and other defense costs and liabilities of any erson or entity ending Contractor, in whole or in part, arising i�ixricludixtg the activities of other persons employed or bcontractors 'red by the Contractor in the performance of this R, 't the active negligence of the City. This indemnification ✓a ` byany limitation on the amount or type of damages or R Contractor under Worker's Compensation, disability or other applicability or limitations of any insurance held or provided by d the parties after termination/completion of this Agreement. 11. Attorney lees: In the event either party hereto shall commence any legal action or procedure, including aiaction 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 sectjUn shw; contain as a minimum the following provisions: a. The amount of securities to be depos b. The terms and conditions of cone Contractor; and C. The termination of the escrow upon c IN WITNESS WHEREOF, the CM r executed by its officers, thereunto duly auth "'Ted, day and year first above written. CITY OF ROHNERT B.I RK . % City Mar,;"ager Date E £h Per Reso,affi"o 2012- adopted`. the Rohne ®rkh City Counetl aCits. meeting of June 12, 20 f�Z II ATTEST: City Clerk 5 to case, in case of contract. of the Park has sed these presents to be ijpctor As subscribed same, all on the W. BRADLEY ELECTRIC, INC. Name /Title APPROVED AS TO FORM: City Attorney Date