2013/04/09 City Council Resolution 2013-067RESOLUTION NO. 2013 - 067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING THE PLANS & SPECIFICATIONS AND AWARDING THE CONTRACT
TO DESILVA GATES CONSTRUCTION, LP FOR THE
WILFRED AVENUE IMPROVEMENT PROJECT
CITY PROJECT NO. 2010-05
WHEREAS, the plans and specifications for the Wilfred Avenue Improvement Project
No. 2010 -05 was designed by Kimley -Horn & Associates, and approved by the Deputy City
Engineer; and
WHEREAS, the Project was advertised for bids on February 8, 2013 and four (4) City
Staff opened bids for the Wilfred Avenue Improvement Project No. 2010 -05 on March 27, 2013;
and
WHEREAS, the project utilized the A +B bid method, also referred to as cost plus time
bidding. A +B bidding is a method of determining the lowest responsible bidder and the number
of working days for a project by requiring the contractor to bid competitively with respect to
both the construction cost and project duration.
WHEREAS, three (3) bid proposals were received for the Wilfred Avenue Improvement
Project No. 2010 -05 ranging in price from $10,845,757.00 to $14,196,195.00 and Working Days
ranging from 90 to 95 for work east of Langner Avenue; and
WHEREAS, the City engaged Vali Cooper & Associates, Inc. to review all bids for
responsiveness; and
WHEREAS, Vali Cooper & Associates, Inc. determined that DeSilva Gates
Construction, LP submitted the lowest A +B bid and is the lowest responsive and responsible
bidder; and
WHEREAS, on April 9, 2013, a duly noticed public meeting was held on the approval of
the plans and specifications and the award of the contract; and
WHEREAS, the Wilfred Avenue Improvement Project was previously approved by the
City pursuant to a Notice of Exemption on September 25, 2012. The City filed a notice of
exemption with the County Clerk on September 26, 2012, who posted it that same day through
October 29, 2012.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve,
determine, find and order as follows:
SECTION 1. Findings. The City Council hereby finds as follows:
1. The above recitals are true and correct and are hereby incorporated into this Resolution as
findings of the City Council of the City of Rohnert Park.
2. In making its findings the City Council relied upon and hereby incorporates by reference
all of the bid materials, correspondence, staff reports and all other related materials.
3. The plans and specifications for the Wilfred Avenue Improvement Project No. 2010 -05
are hereby approved and adopted.
4. The award of the contract for the Wilfred Avenue Improvement Project is not subject to
CEQA because the Wilfred Avenue Improvement was previously found by the City
Council to be categorically exempt from CEQA and this award is a subsequent action on
and implementation of that Project. Awarding the contract does not involve any
substantial changes to the Project, nor would such award cause new or more severe
environmental impacts. For those reasons, neither the obligation to comply with
nor is the statute of limitations on that prior are re- triggered by this toward implementing
the project.
SECTION 2. Award of Contract. The City Council hereby resolves as follows
I . In accordance with California Public Contract Code Section 20160 and following any
other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid
of DeSilva Gates Construction, LP, for the Wilfred Avenue Improvement Project No.
2010 -05 to be the lowest, responsive bid and waives any irregularities in such bid in
accordance with applicable law including, but not limited to, the lack of designation by
DeSilva Gates Construction of the name of the bridge manufacturer in its bid.
2. The City Manager is hereby authorized and directed to execute a contract, in substantially
similar form to the Agreement attached hereto as Attachment 1 and incorporated by this
reference, subject to final review, including non - substantive modification, by the City
Attorney, with DeSilva Gates Construction, LP, for the amount of Ten Million Eight
Hundred Forty -Five Thousand, Seven Hundred Fifty -Seven dollars ($10,845,757.00) and
ninety five (95) Working Days for work east of Langner Avenue and one hundred
eighty -five (185) Working Days for work west of Langner Avenue in accordance with
the bid documents and applicable law upon submission by DeSilva Gates Construction,
LP, of all documents required pursuant to the Project bid documents; and is also
authorized to approve cumulative contract change orders up to fifteen percent (15 %) of
the value of the original contract; and is also authorized to take such actions as are
reasonably necessary to implement the contract with DeSilva Gates Construction, LP .
3. City staff is hereby directed to issue a Notice of Award to DeSilva Gates Construction,
LP, for this project.
4. This Resolution shall become effective immediately.
SECTION 3. Severability. All portions of this resolution are severable. Should any
individual component of this Resolution be adjudged to be invalid and unenforceable by a
body of competent jurisdiction, then the remaining resolution portions shall continue in full
force and effect, except as to those resolution portions that have been adjudged invalid. The
City Council of the City of Rohnert Park hereby declares that it would have adopted this
Resolution and each section, subsection, clause, sentence, phrase and other portion thereof,
irrespective of the fact that one or more section, subsection, clause sentence, phrase or other
portion may be held invalid or unconstitutional.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 9"' day of April 2013.
r "'s
ATTEST: s,. "t
JoAnne Buergler, City Clerk
Ci
Attachment: Draft Contract
CITY OF ROHNERT PARK
Pain Stafford, Mayor
AHANOTU: BELFORTE: hyt MACKENZIE: Pjy -- CALLINAN: /ViL STAFFORD: ia'lc;
AYES: ( ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( CJ )
Attachment 1
CONTRACT
WILFRED AVENUE IMPROVEMENTS
PROJECT NO. 2010 -05
THIS AGREEMENT, made and entered into this day of , 2013, by
and between DeSilva Gates Construction, 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 a
Contractor. x
NOW, THEREFORE, IT IS AGREED;
1. Scope of Work: The Q9
materials, equipment and all utility a
IRANI
of construction and installation of the
adopted by the City Council of said Ct
more particularly set forth in, the Conti
except work done or to b;'zced by
r, . .,.,,...
2. Time bMertbrmari` rand_ 1
within (3) three calendar des after bficia
g p �,
and must d��r � tj� t osecut� the �ct�`tp`
schedule,f bxd prictlmittedh the C'
AN
that tarn ts` of the essengzt- Ith h§ pw to
pursue formance of the irk �5
a contract to Contractor for
the sealed proposal of said
e o 11, all�ihe work and f`�rnlsh all the labor,
,1,f-
;etjges required to complete all of the work
roiN&cularly described in the Resolution
2013 ' T N96tems and quantities of which are
;fir on IL'`1k1, the office of the City Clerk,
damages' he Contractor must begin work
the City Engineer to proceed with the work
within the number of working days bid on the
d. The Contractor acknowledges and agrees
's work and that Contractor shall diligently
In the eve t the Contractor doesVt complete the work, except work west of Langner
Avenue, within the pumber of days; bid or within such further time as said City Council must have
authorized, the Conti or must ` ",to the City liquidated damages in the amount of Nine Thousand
C� i
Six Hundred Dollars O)� �t ay for each and every day's delay in finishing the work beyond
95 working days. In the""""" he Contractor does not complete all the work, within 185 working
days or within such further time as said City Council must have authorized, the Contractor must pay
to the City liquidated damages in the amount of Eight Thousand Three Hundred Dollars ($8300) 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.
Attachment 1
The award of the contract is for a total amount of $10,845,757.00.
4. Component Parts and Interpretation: This contract must 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)
b)
C)
d)
e)
fl
g)
h)
i)
D
k)
m)
This Agreement
Notice Inviting Sealed Proposals
Instruction and Information to Bidders
Accepted Proposal, with all attachmen
Faithful Performance Bond
Labor and Material Bond
Special Provisions
Project Plans
Revised Standard Speci
Standard Specifications
Revised Standard Plans
In the event of conflict b
govern: this contract, change o:
RM
and specifications; spef x
specifications; revispowaidard
the absence of a conf� ling or
(20 10 edition) of the Calnia l
City any 66"ily
will ha onl
agents or sp'q
may not at aril
subcontractors
Department of Industi id
classification or type of NA
at, the office of the City
California 94928.
hef��y flowing order of precedence will
cents aful� approved revisions to plans
tsed stahlard specifications; standard
plemental project information. In
oreging, the Standard Specifications
on shall apply to this project.
eor „Contl'actor is and will at all times remain as to
ether nor any of its officers, employees, or agents
)ntractor or any of Contractor's officers, employees,
sly set forth in the Contract Documents. Contractor
'ent that it or any of its officers, employees, agents, or
employees, agents or subcontractors of City.
11111 es: Copies of the determination of the Director of the
k.,161 ons of the prevailing rate of per diem wages for each craft,
Ter needed to execute this Contract will be on file in, and available
Clerk, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park,
Contractor must post at the work site, or if there is no regular work site then at its
principal office, for the duration of the Contract, a copy of the determination by the Director of
the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code § 1773.2.)
Attachment 1
Contractor, and any subcontractor engaged by Contractor, may pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code
section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section
1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and thp
,,amount paid to each worker for
each calendar day, or portion thereof, for which each worke was paid less than the prevailing
wage rate. j
Nothing in this Contract prevents Contracto or any �pbcontractor from employing
properly registered apprentices in the execution ofe Contract' wmtractor is responsible for
compliance with Labor Code section 1777 5 Pb X11 apprenticeabl' 6 'i ccupations. This statute
requires that contractors and subcontractors rust submit contract `a�d information to the
applicable joint apprenticeship committee, ,M,itst employ, apprenti �v in apprenticeable
occupations in a ratio of not less than one hour of appntice ork for ever}v hours of labor
performed by a journeyman der § 1777.5), mist contribute to
the fund or funds in each craft or trade ortke amount t o�tfie California Apprenticeship Council,
and that contractors and subcontract "is iipnot disciate among otherwise qualified
employees as a apprentices solely on the^ round ti E x rac ii ion, creed, national origin,
pP y� c ,� g
ancestry or color. Onlyices define in Lab i %e sects 3077, who are in training
under apprenticeshlptdards who ha`yr�tppr�Y contracts, may be employed on
public works in appi0jigeable oedtipations. v
If fedelads areen d t pay far the V��rkz Contractor and any subcontractor agree to
comply, app scab e, with tie labor aril reportm �.equirements of the Davis -Bacon Act (40
�..,
wv
USC ,R "a 7), the Cx p land Act {40 USC §6c and 18 USC § 874), and the Contract Work
Hours arfd safety Standard' ct (40 t1C § 327 afd following). .
7. z``�ours of Labor Contractt�`r acknowledges that under California Labor Code
sections 1810 and t llowing, eiM hours of labor constitutes a legal day's work. Contractor will
forfeit as a penalty,4 City the 4 of $25.00 for each worker employed in the execution of this
Contract by Contract' and su
contractor for each calendar day during which such worker is
required or permitted toacc5re than eight hours in any one calendar day and 40 hours in any
one calendar week in viola' of the provisions of Labor Code section 1810. .
8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter
1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprcnticeable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
3
Attachment I
be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases
must not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for
certificate, or
B. When the number of apprentices in training in that area exceeds a ratio of one to
five, or
C. When the trade can show that it is replacing at l6*` 1/30 of its membership through
apprenticeship training on an annual basis stoteude or locally, or
i '
D. When the assignment of an apprentice,t&�`a woi performed under a public works
Contract would create a condition�W-0,b"tc' would jeoparte his life or the life, safety,
or property of fellow employe�e��fhe public at large, tai if the specified task to
which the apprentice is to be asned is of such a nature that training cannot be
provided by a journeyman, or
E. When the Contractor�ov "des evidence T * -he employs registered'
egistered apprentices on all
of his Contracts on a1O,,)M` la aaverage of dt less than one apprentice to eight
Iff
a bz
journeymen.
The Contractoret to make c°�'�tributt #`Itc nds estflished for the administration
of apprenticeship pro if he�e`rloys regise`entic`es xourneymen in any apprenticeable
trade on such Contracts and if Otfter Con c works site are making such
contributions.
T1ae bnttact and ati \psiki contr�aat tender him must comply with the requirements of
Section '7'7.5 and 1777" the"" epoyment o entices.
Information relative to appre 'eeship sMdards, wage schedules, and other requirements may be
obtained fiojn�therDirector of Tndpstrial R-, ions, ex officio the Administrator of Apprenticeship,
San Francisco, Ca taxnia, or frog,' e Division of Apprenticeship Standards and its branch offices.
9. Labor T
which reads as follows:
Attention is directed to Section 1735 of the Labor Code,
"A contractor must 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. "
4
Attachment I
10. 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 must 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 ths.contract.
11. Indemnity and Insurance: To the fullest
indemnify, hold harmless, release and defend City, its of
volunteers, and consultants from and against any and
disability, losses, expenses including, but not Iii J,,'
liabilities of any nature that may be asserted by yy eI
or in part, arising out of Contractor's activities zeund
employed or utilized by Contractor includin g sbcoi
performance of this Agreement excepttng liabilities due.
indemnification obligation is not limrt any
damages or compensation payable by ox stir Gntractor
other employee benefit acts or the tehft ap ptability
provided by Contractor and must continua bind the
Agreement.
Contractor sl
under this Contract
Contractor pyg ;., re
duty to intzf
(q t actor must
extent des� above.
A. The
and cc
B. The F
the
extent'; permitted by law, Contractor must
iers, ected officials, employees, agents,
�a11 actlph,,,, claims, demands, damages,
attorney's fee §land other defense costs and
on or entity including Contractor, in whole
er, including the aUMities of other persons
ltlacto> hired by'��ontraetor in the
ao tie :active negligence io, the City. This
Y ary limitation on the amount or type of
under Worker's Compensation, disability or
yl
or Itions of any insurance held or
rties al ennination /completion of this
"ghout the" e for performance of the work
Special Provisions. The requirement that
way be construed to limit the Contractor's
harmless, release and defend the following to the same
its officers, elected officials, employees, agents, volunteers
eof Graton Rancheria, its officers, elected officials, employees,
agents, consulta volunteers.
C. Station Casinos, Inc., its officers, employees, agents and consultants and volunteers.
D. Pacific Gas and Electric Company, its officers, employees, agents, and volunteers.
E. AT &T, its officers, employees, agents, and volunteers.
F. Comeast Cable, its officers, employees, agents, and volunteers.
G. County of Sonoma, its officers, elected officials, employees, agents and volunteer.
Attachment 1
12. City Right of Termination and Right to Complete the Work: The City may
terminate the Contract at any time, with or without cause, upon 15 (fifteen) days written notice to
the Contractor.
The City may terminate the Contract when conditions encountered during the work make
it impossible or impracticable to proceed; or when the City is prevented from proceeding with
the Contract by act of God, by law, or by official action of a public authority; of if the governing
board of the Federated Indians of Graton Rancheria (the "Tribe ") fails to transfer to the City in a
timely manner the funds necessary to pay for the Work being performed by the Contractor under
this Contract.
The City may terminate the Contract upon defaulty the Contactor. The occurrence of
any of the following is a default by Contactor under tlstrcty
A. Contractor refuses or fails to
diligence as will insure its completion within
B. Contractor fails to complete the
C. Contractor is ad
creditors, or a receiver is appointed
D. Contactor fails to
complete the Work in the t;Y:pI
E. ContMO, fails
labor.
F.
in
oeete the Workx any part thereof with such
tat 5e specified or an} 1by, itted extension.
TIC on tune.. t
or ma� a general assignmentr the benefit of
of ContrQ* insolvency.
ly skld workers or proper materials to
bcontractor or for material or
le laws, ordinances or instructions of City
Is to perform any obligation or duty under the Contract.
Upon e occurrence o default* Contractor, the City will serve a written notice of
default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless tractor curd the default within 10 days after the service of such notice, or
satisfactory arrangem f,,,s acc. le to City for the correction or elimination of such default are
made, as determined b y may thereafter terminate this Contract by serving written
notice on Contractor. Insuch case, Contractor will not be entitled to receive any further
payment, except for Work actually completed prior to such termination in accordance with the
provisions of the Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor's surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice
of its intention to take over and perform this Contract within five days after service of the notice
of termination or does not commence performance within 10 days from the date of such notice,
City may take over the Work and prosecute the same to completion by contract or by any other
Attachment 1
method it may deem advisable for the account and at the expense of Contractor. Contractor and
the surety will be liable to City for any and all excess costs or other damages incurred by City in
completing the Work.
If City takes over the Work as provided in this Section, City may, without liability for so
doing, take possession of, and utilize in completing the Work, such materials, appliances, plant,
and other property belonging to Contractor as may be on the site of the Work and necessary for
the completion of the Work.
13. Substitution of Securities for Withheld
Contracts Code Section 22300, securities may be subs
agency to ensure performance under a contract. At the
securities equivalent to the amount withheld must be c
state or federally chartered bank as the escrow agent, Zw
upon satisfactory completion of the contract. j
Securities eligible for substitution uncT
California Public Contracts Code Section 223
deposit. The Contractor must be the beneficial
withheld and must receive any intere -s,
n.
Alternatively, the Contractor
earned directly to the escrow agent at
Contractor, the Contrac>gtal�rect
Contractor shall receie ini e�
in Section 22300 for°sd"p� tithes de 10
Contract, the Contractc;Pftll rece €i`""" i
received by th:escxow aeh orx3lr
ty escrow agheraeni en��r�
following provisions: y
a e amount of sriti
b. The �ms anddi
the iiif
®�
irned o
ed by tl
from the
r�ity pU
into puI
Amounts,. Pursuant to California Public
tuted T ,", iy moneys withheld by a public
eduest a'nd sole expense of the Contractor,
pp,)t4w' ith the public agency, or with a
Q T1Ustpa _uch moneys to the Contractor
section must i those listed in the
banker, savings and loan certificates of
\of securities substt lted for moneys
the G1,shall make payment of retentions
e Contrac�t2t At the expense of the
taymert into securities and the
;f z
>hnefaon the same terms provided for
ctor. Upoh satisfactory completion of the
agent all securities, interest, and payments
the terms of this section.
to this section must contain as a minimum the
deposited;
of conversion to cash in case of the default of the
C. The termination of the escrow upon completion of the contract.
14. General Provisions
A Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute this
Contract and to bind it to the performance of its obligations.
Attachment I
B Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City's sole discretion since the
experience and qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D Integrated Contract. This Contract, including the Contract Documents, is
the entire, complete, final and exclusive expression of the Parties with respect to the Work to be
performed under this Contract and supersedes all other agree»ents or understandings, whether
oral or written, between Contractor and City prior to the execton of this Contract.
E. Modification of Contract No, a eztdtjIent to or modification of this
Contract will be valid unless made in writing and itoved byµ Contractor and by the City
Council or City Manager, as applicable. The Patttcs` agree that ,Ihis requirement for written
modifications cannot be waived and that any attempted waiver will b void.
F. Counterparts, Facsimile cother Electioic Signature This Contract may
be executed in several counterparts, each of which _611 be d, i ed an origi4 and all of which,
when taken together, constitute one atl l the same instrlir b`ht Amendments Ofts Contract will
be considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or oth�eleettcic signaur will have the same effect as an
original signature.
G ver
�,% rty aivei by any Pa cifr tetm condition, or covenant o this
Contract will not co Ohte a w t of any' Er arm, coed tton, or covenant. Waiver by any
Party of any breach IBD� e provisr`' of this C o tract will not constitute a waiver of any other
provision, or a waiver of a breach of violation of any provision of this Contract.
Acceptan ;X";f anyresrat ctor will not constitute a waiver of any of
the provtsio s`ofthf&P -0-- tract.'
H. Inter Cation 'phis Contract will be interpreted, construed and governed
accordingna�e laws of the of C,��fbrnia. Each party has had the opportunity to review
this Contract' i�h legal coun��l�� The Cbntract will be construed simply, as a whole, and in
accordance wi ir meanin g t will not be interpreted strictly for or against either party.
I. S` eralh lit. If any term, condition or covenant of this Contract is
declared or determine d�ay� jany court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Contract will not be affected and the Contract
will be read and construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue
will be in the Northern District of California.
8
Attachment 1
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 DESILVA GATES CONSTRUCTION
City Manager Date N
Per Resolution No. 2013 -067 adopted by the Rohnert Park
City Council at its meeting of April 9, 2013
Date