2008/09/08 City Council Resolution 2008-141RESOLUTION NO. 2008-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE CITY
CENTER PLAZA AND DRIVE IMPROVEMENTS PROJECT,
CITY PROJECT NO. 2006-02 AND AWARDING THE CONTRACT
TO GHILOTTI CONSTRUCTION COMPANY
WHEREAS, the plans and specifications for the City Center Plaza and Drive
Improvements Project, ( "Project ") were designed by David Gates and Associates and approved
by the City Engineer;
WHEREAS, the Project was advertised for bids and three bids were received and opened
on August 26, 2008; and
WHEREAS, the City Engineering Department determined that Ghilotti Construction
Company was the lowest responsive, responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the plans and specifications for the City Center Plaza and Drive Improvements Project
are approved and adopted.
BE IT FURTHER RESOLVED that the bids for the City Center Plaza and Drive
Improvements Project are accepted, and the contract is awarded to Ghilotti Construction
Company for the amount of $1,816,117.15.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 8h day of September, 2008.
CITY OF ROHNERT PARK
Mayo
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: ABSENT MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
CONTRACT
CI-TY CENTER PLAZA AND DRIVE IMPROVEMENTS
CITY PROJECT NO. 2006 -02
FEDERAL AID PROJECT NO. CML -5379 (014)
THIS AGREEMENT, made and entered into this day of ' 20 , by
and between , 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 with the sealed proposal of said
Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. 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 September 8, 2008 the items and quantities of which are
more particularly set forth in the Contractor's bid therefor 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 two hundred seventy -five (275)
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 $1,440 (one thousand four hundred and forty dollars) 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. Payments: 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 $1,816,117.15.
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 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
18 10) 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 3700 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. Indemni : 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 22300or 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 GHILOTTI CONSTRUCTION CO.
City Manager
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Date Name / Title
GHILOTTI CONSTRUCTION CO.
Date Name /Title
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