2008/07/08 City Council Resolution 2008-103RESOLUTION NO. 2008-103
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
2008 VARIOUS STREETS SURFACE REPAIRS PROJECT, PROJECT NO. 2007-13
AND AWARDING THE CONTRACT TO VALLEY SLURRY SEAL COMPANY
WHEREAS, the plans and specifications for the 2008 Various Streets Surface
Repairs Project ( "Project ") were designed by City Rohnert Park Engineering Department and
approved by the City Engineer;
2008;
WHEREAS, the Project was advertised forbids and bids were opened on July 1,
WHEREAS, four (4) bids were received; and
WHEREAS, the City Engineering Department determined that Valley Slurry Seal
Company was the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that the plans and specifications for the 2008 Various Streets Surface Repairs
Project are approved and adopted.
BE IT FURTHER RESOLVED that the bids for the 2008 Various Streets Surface
Repairs Project are accepted, and the contract is awarded to Valley Slurry Seal Company for
the amount of $655,260.00.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
contract upon approval by the City Attorney as to format; 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 Stn day of July, 2008.
ATTEST:
CITY OF ROHNERT PARK
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(:T,k Clerk All UN",t:!J= �ALJFORN�p
BREEZE: ABSENT SMI . AYE STAFF : AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
DRAFT
CONTRACT
2008 VARIOUS STREETS SURFACE REPAIRS
PROJECT NO. 2007 -13
THIS AGREEMENT, made and entered into this 8h day of July, 2008, by and between Valley
Slurry Seal Company hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called
"City".
WITNESSET.H:
WHEREAS, the City Council of said City has awarded a contract to Contractor for performing
the work hereinafter mentioned in accordance with the sealed proposal of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
I Scope of Work: The Contractor shall perform all the work and furnish all the labor,
materials, equipment and all utility and transportation services required to complete all of the work of
construction and installation of the improvements more particularly described in the Resolution
adopted by the City Council of said City on July 8, 2008, the items and quantities of which are more
particularly set forth in the Contractor's bid therefore on file in the office of the .City Clerk, except work
done or to be done by others.
2. Time of Performance and Liquidated Damages: The Contractor shall begin work
within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and
shall diligently prosecute the same to completion within 90. calendar days of that Notice.
In the event the Contractor does not complete the work within the time limit so specified or
within such further time as said City Council shall have authorized, the Contractor shall pay to the City
liquidated damages in the amount of six hundred fifty dollars ($650.00) per day for each and every
day's delay in finishing the work beyond the completion date so specified. Additional provisions with
regard to said time of completion and liquidated damages are set forth in the specifications, which
provisions are hereby referred to and incorporated herein by reference.
3. Pam: 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 $655,260.00.
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
5. Wage Scale: 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 Relations the general prevailing
rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft,
classification, or type of workman required to execute the contract. A copy of said prevailing rate of
per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further
particulars. Said prevailing rate of per diem wages will be made available to any interested party upon
request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part
7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775
thereof, shall be complied with.
Notice is hereby given that, pursuant to Section 1773.8 of the Labor Code of the State of
California that the payment of travel and subsistence payments to each workman needed to execute the
work, as such travel and subsistence payments are defined in the applicable collective bargaining .
agreements filed in accordance with this section of the Labor Code.
Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of
California that the Contractor shall make available as required in this Section of the Labor Code
certified payroll records and that penalties for violation of the section may be enforced.
6. Hours of Labor: The Contractor shall forfeit, as penalty to said City, Twenty -five
Dollars ($25.00) for each workman employed in the execution of the contract by him or by any
subcontractor, for each calendar day during which any workman is required or permitted to labor more
than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation
of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the
Labor Code of the State of California.
7. Apprentices: In accordance with the provisions of Section 1777.5 of the Labor Code,
and in accordance with the rules and procedures of the California Apprenticeship Council, properly
indentured apprentices shall be employed in the prosecution of the work. The ratio of apprentices to
journeymen who 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 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:
"No discrimination shall be made in the employment of persons upon public
works because of race, color, national origin or ancestry, religion, or handicap of such
persons, and every contractor for public works violating 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 3.700 of the Labor Code
which requires every employer to be insured against liability for workmen's compensation or to
undertake self - insurance in accordance with the provisions of that Code, and will comply with such
provisions before commencing the performance of the work of this contract.
10. Indemnify: To the fullest extent permitted by law, Contractor shall indemnify, hold
harmless, release and defend City, its officers, elected officials, employees; consultants and volunteers
from and against any and all actions, claims, demands, damages, disability, losses, expenses including,
but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be
asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor's
activities hereunder, including the activities of other persons employed or utilized by Contractor in the
performance of this Agreement excepting liabilities due to the active negligence of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Contractor under Worker's Compensation, disability or
other employee benefit acts or the terms, applicability or limitations of any insurance held or provided
by Contractor and shall continue to bind the parties after termination/completion of this Agreement.
11. Attorneys Fees: In the event either party 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.
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
City Manager Date
Per Resolution No. 2008 - adopted by the Rohnert Park
City Council at its meeting of July 8, 2008.
ATTEST:
City Clerk
VALLEY SLURRY SEAL COMPANY
(Name) Date
.(Name) Date
APPROVED AS TO FORM:
City Attorney