2007/07/10 City Council Resolution 2007-110RESOLUTION NO. 2007-110
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
AWARDING THE CONTRACT TO
NORTH BAY CONSTRUCTION INC.
FOR THE ROHNERT PARK EXPRESSWAY REHABILITATION PROJECT
CITY PROJECT NO. 2005-02
WHEREAS, the Notice Inviting Sealed Bids was approved by Council on March
27, 2007; and
WHEREAS, the Project was advertised -for bids and bids were opened on June
29, 2007, with the lowest responsible bidder being Rt*lh Bay Construction Inc.
NOW, THEREFORE, be it resolved by the City Council of the. City of
Rohnert Park that the bids for the Rohnert Park Expressway Rehabilitation Project are
accepted, and the contract is awarded to North Bay Construction Inc. for the ambt of
$1,308,384.90.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
the contract in substantially similar form to the attached 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 10th day of July, 2007.
CITY OF ROHNERT PARK
IG
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CONTRACT
ROHNERT PARK EXPRESSWAY REHABILITATION
PROJECT NO. 2005-02
FEDERAL PROJECT NO. STPL - 5379(016)
THIS AGREEMENT, made and entered into this le day of July, 2007, by and between
North Bay Construction Inc., hereinafter called "Contractor ", and the., City of Rohnert Park,
hereinafter called "City ".
WITNESSETH:
WHEREAS, the City Council of said City
performing the work hereinafter mentioned in accordan
NOW, THEREFORE, IT IS AGREED, as
1. Scope of Work: The Contractor shal
materials, equipment and all utility and transportation
construction and installation of the impr611-1
adopted by the City Council of said City on--, 6, h
more particularly set forth in the Contractor's bid t
except work done or to be done by others.
2. Time of,
within fifteen (15) calenctt
and shall diligently prosec
In the ,o' he C
within such',
uch , rther tliX
City liic�utdated damages
finish 4, lie work beyond
time of corf Dion and li,
hereby referre yy d incc
3. Pa
at the times and in
Contractor's bid.
led a coati "et to Contractor for
sealed propos said Contractor.
1 perform :all the work and furnish all the labor,
services 'iequired to complete all of the work of
more particularly described in the Resolution
27, 2007, the rtexns and quantities of which are
herefore,. on file iAn the office of the City Clerk,
tormance, and Liquidated Damages: The Contractor shall begin work
days aftir official notiee,by the City Engineer to proceed with the work
e.the same to completion n 56 calendar days of that Notice.
does not complete the work within the time limit so specified or
ty Council shall have authorized, the Contractor shall pay to the
nount,.of $4,900.00 per day.for each and every day's delay in
)letion date so specified. Additional provisions with regard to said
damages are set forth in the specifications, which provisions are
herein by reference.
is will be made by City to the Contractor for said work performed
provided in the specifications and at the unit prices stated in
The award of the contract is for a total amount of $1,308,384.90.
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
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C) Instruction and Information to Bidders
d) Accepted Proposal
e) Faithful Perfonnance 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
the City has obtained from the Director of the Department of
prevailing rate of per diem wages and the general prevailing rate fo
each craft, classification, or type of workman required to execut
prevailing rate of per diem wages is on file in the officegof the
hereby made for further particulars. Said prevailing ratezof per "diem
any interested party upon request, and a copy thereof shall be posted
Article 2, Chapter 1, Part 7, Division 2 commencin
( g wrth Sectio,
particularly Section 1775 thereof, shall be complied with "
Notice is hereby given that, pursuant to Section 1773 $ Hof
California that the payment of travel and subsistence payments to e
the work, as such travel and subsistence payments are defined in the
agreements filed in accordance with this secti6o,,of the L or�,Code.
the State of California,
Relations the general
and overtime work for
e the contract. A copy of said
City Clerk, to which reference is
wages will b:made available to
at the job site :`The provisions of
n 1770) of the Labor Code and
the Labor Code of the State of
Bch workman needed to execute
11" able collective bargaining
Notice is hereby given that, pursuant to Section 1776(,") 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: Tlie Contractor shall forfeit as penalty to said City, Twenty -five
Dollars ($25 00) �for� each wor emplo e execution of the contract by him or by any
subcontractor, for each calendar dav,. during which any workman is required or permitted to labor
more than eight (8) hours in any one 6alendar day and forty (40) hours in any one calendar week, in
violation ofrthe 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 apprenticesshall 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.
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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 Insurances
The undersigned Contractor is aware of the provisions of Section 3700'-6f 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:"" this contract.
10. Indemnify: To the fullest &' t ,permitted by law, Contractor shall indemnify, hold
harmless, release and defend City of Rohner Palk and the State of CalYfornia, its officers, elected
officials, employees, consultants and volunteers friin Mind against :: -any and all actions, claims,
demands, damages, disability, losses, expenses 4,cl I,l nuted to, attorney's fees and other
defense costs and liabilities of any nature that be assert by any person or entity including
Contractor, in whole or mi part, "ansang out of Contractor's activities hereunder, including the activities
of other persons employed or utihzed;;by Contractof the performance of this Agreement excepting
liabilities due to the active negligence of the City. Thts`ndemnification 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 C64ensation,''d1sabil ty or other employee benefit acts or the terms,
applicability or limitations of anyinsprance held or provided by Contractor and shall continue to bind
the parties, after ternunati6ftppleddn of this Agreement.
11. Attorneys Fees In the -'event either parry hereto shall commence any legal action or
procedure, including an action h declaratory relief, against the other, by reason of the alleged failure
of the other to perform or keep any tern, covenant, or condition of this contract by it to be performed
or kept, the party prevaxlingJn said action or proceeding shall be entitled to recover, in addition to its
court costs, a reasonable:ttrneys fee to be fixed by the court, and such recovery shall include court
costs and attorneys fees of appeal, if any.
12. Substitution of Securities for Withheld Amounts: Pursuant to Chapter 13
(commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of
California, securities may be substituted for any moneys withheld by a public agency to ensure
performance under a contract. At the request and 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.
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Securities eligible for substitution under this section shall include those listed in Section
16430 of the Government Code of the State of California 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 'caiised 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 CONTRACTOR: North Bay Construction
City Manager
Per Resolution No. 2007- adopted by'the Rohnert
Park City Council at its meeting oJly 10,
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APPROVED AS TO FORM:
City Attorney