2012/11/13 City Council Resolution 2012-127RESOLUTION NO. 2012-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
TRAFFIC SIGNALS BATTERY BACKUP, CITY PROJECT NO. 2012-28 AND
AWARDING THE CONTRACT TO SIEMENS INDUSTRY, INC.
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the
city's purchasing functions shall be governed by the city's purchasing policy; and
WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F
Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures
(UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was
posted /published on October 17, 2012; and
WHEREAS, the plans and specifications for the Traffic Signals Battery Backup Project
No. 2012 -28 ( "the Project ") were designed by City Staff and approved by the Deputy City
Engineer;
2012;
WHEREAS, the Project was advertised for bids and bids were opened on November 6,
WHEREAS, four (4) bids were received; and
WHEREAS, the City Engineering staff determined that Siemens Industry, 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 Traffic Signals Battery Backup Project No. 2012 -28 are
approved and adopted.
BE IT FURTHER RESOLVED that the bids for the Traffic Signals Battery Backup
Project No. 2012 -28 are accepted, and that the Siemens Industry, Inc., was the lowest responsive
and responsible bidder.
BE IT FURTHER RESOLVED THAT the contract is awarded to Siemens Industry,
Inc., for the amount of Sixty -seven Thousand Five Hundred Fifty Dollars and zero cents
($67,550.00)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Siemens Industry,
Inc., a California Corporation, and the City of Rohnert Park, a municipal corporation, for the
Traffic Signals Battery Backup Project No. 2012 -28.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this November 13, 2012.
CITY OF ROHNERT P.
Mayor
AHANOTU: AYE BELFORTE: AYE CALLINAN: AYE STAFFORD: k l(E MACKENZIE: AYE
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( 0 )
CONTRACT
TRAFFIC SIGNALS BATTERY BACKUP
PROJECT NO. 2012 -28
THIS AGREEMENT, made and entered into this day of , 2012, by and
between Siemens Industry, 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:
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 November 6, 2012, 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 W 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 Dollars and zero cents ($600.00) 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 $67,550.00.
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 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 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 oe: 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. "
9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5,
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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. Indemnify: To the fullest extent permitted by lave, Contractor shall indemnify, hold
harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and
consultants 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 including
subcontractors hired by the 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 parry 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 aciiori;or proceeding shall be entitled to recover, in addition to its court costs, a
reasonable attorneys, fee to be fixed by court, and such recovery shall include court costs and attorneys
fees on appeal.j.f
12. L, ::- .Subst:
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
G. 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
SIEMENS INDUSTRY, INC.
City Manager Date Name /Title
Per Resolution No. 2012- adopted by the Rohnert Park
City Council at its meeting of November 6, 2012.
ATTEST:
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Date