2007/08/14 City Council Resolution 2007-133RESOLUTION NO. 2007-133
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
AWARDING THE CONTRACT TO
NORTH BAY CONSTRUCTION, INC.
FOR THE 2007 VARIOUS STREET REHABILITATION PROJECT
CITY PROJECT NO. 2006-08
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 August
7, 2007, with the lowest responsible bidder being North Bay Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that the bids for the 2007 Various Street Rehabilitation Project are
accepted, and the contract is awarded to North Bay Construction, Inc. for the amount of
$1,094,290.00.
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 ori ginal contract.
DULY AND REGULARLY ADOPTED by the City Council of the City of
Rohnert Park this 14 "' day of august, 2007.
ATTEST:
CITY OF ROHNERT PARK
0
City Cler
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) . NOES: (0) ABSENT: (0) ABSTAIN: (0)
CONTRACT
ROHNERT PARK VARIOUS STREETS REHABILITATION
CITY PROJECT NO. 2006-08
FEDERAL PROJECT NO. STPL - 5379(015)
THIS AGREEMENT, made and entered into this day of , 20__, 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, 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 March 27, 2007, 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 sixty (60) 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 $500.00 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. 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 $1,094,290.00.
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
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 parry 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 de fined '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 7of 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
Chapter 1, Part 7, Division 2 (commencing with Secti,
(commencing with Section 3700) of the Labor Code -<
required to secure the payment of compensation to his
and keep in effect adequate Workmen's Compensation In
The undersigned Contractor is aware of the provisio n
which requires every employer to be insured against liabili ty
undertake self - insurance in accordance with the;.provisions of
provisions before commencing the performance of the work of
10. Indemni : T4
harmless, release and defend
from and against any and
including, but not limited to,
may be asserted by any per,
Contractor's activities hereu
the
held or
this Aa
ages or
other ei
ded by i
lance with the provisions of Article 5,
10) and Chapter 4, Part 1, Division 4
State of California, the Contractor is
gees and shall for that purpose obtain
,e.
s of Section 3700 of the Labor Code
for workmen's compensation or to
that Code, and will comply with such
the fullest extent permitted by law, Contractor shall indemnify, hold
pity, its officers, elected officials, employees, consultants and volunteers
all actions, claims; demands, damages, disability, losses, expenses
attorney's -fees and other defense costs and liabilities of any nature that
on or-, ty including Contractor, in whole or in part, arising out of
der, includin the
g activi#es of other persons employed or utilized by
of this
Agreement -excepting liabilities due to the active negligence of
obligation is not limited in any way by any limitation on the amount or
cation payable by or for Contractor under Worker's Compensation,
benefit acts or the terms, applicability or limitations of any insurance
►r and shall continue to bind the parties after termination/completion of
11. Attorneys Fees -' In the event either parry hereto shall commence any legal action or
procedure, including ari ;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 parry 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 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.
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
IN WITNESS WHEREOF, the C
by its officers, thereunto duly authorized,
first above written.
CITY OF ROHNERT PARK
CITY CLERK
upon completion of the contract.
f Rohnert Park has caused these presents to be executed
Contractor has subscribed same, all on the day and year
NORTH BAY CONSTRUCTION, INC.
APPROVED AS TO FORM:
CITY ATTORNEY