2013/04/09 City Council Resolution 2013-068RESOLUTION NO. 2013 -068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
ADRIAN SEWER AND WATER REHABILITATION - PHASE 1,
CITY PROJECT NO. 2012-04 AND AWARDING THE CONTRACT TO
BAY PACIFIC PIPELINES, INC.
WHEREAS, the plans and specifications for the Adrian Sewer and Water Rehabilitation
Project — Phase I were designed by Coastland Civil Engineering, Inc, and approved by the
Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and bids were opened on March 21,
2013; and
and
WHEREAS, eight bids were received ranging in price from $1,684,876 to $2,283,325;
WHEREAS, Coastland Civil Engineering, Inc reviewed all bids for responsiveness; and
WHEREAS, Coastland Civil Engineering, Inc., determined that Bay Pacific Pipelines,
Inc., submitted the lowest cost bid and is the lowest responsive and responsible bidder; and
WHEREAS, the Project is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the following authorities: Section 15302(c) of
Title 14 of the California Code of Regulations for replacement or reconstruction of existing
utility systems and /or facilities involving negligible or no expansion of capacity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park 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. The plans and specifications for the Adrian Sewer and Water Rehabilitation Project —
Phase 1 are hereby approved and adopted.
3. The Project is categorically exempt from CEQA in accordance with the CEQA guidelines
as cited in this resolution.
4. In accordance with California Public Contract Code Section 20160 and following and
other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid
of Bay Pacific Pipelines, Inc. for the Adrian Sewer and Water Rehabilitation Project —
Phase I to be the lowest, responsive bid and waives any irregularities in such bid in
accordance with applicable law and rejects the bid protest submitted by bidder Team
Ghilotti on March 26, 2013 based upon the information provided to the City Council in
the Agenda Report on this Project.
5. The City Manager is hereby authorized and directed to execute the contract with Bay
Pacific Pipelines, Inc. for the amount of One Million Six Hundred Eighty -four Thousand
Eight Hundred Seventy -five dollars and ninety cents ($1,684,875.90) for construction of
the Project in accordance with the bid documents and applicable law upon submission by
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Bay Pacific Pipelines, Inc. of all documents required pursuant to the Project bid
documents.
6. The City Manager is hereby authorized and directed to execute this contract in
substantially similar form to the attached contract for and on behalf of the City of
Rohnert Park.
7. City staff is hereby directed to issue a Notice of Award to Bay Pacific Pipelines, Inc. for
this project.
8. This Resolution shall become effective immediately.
9. 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 be and 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 9th day of April, 2013.
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CITY OF ROHNERT PARK
Pam Stafford, Mayor (dd"
ATTEST:
(1 11 ' 6 1 i_LA41k'—'
Anne Buergler, City Clerk
Attachments: Contract
AHANOTU: BELFORTE: C MACKENZIE: 1 -' I c CALLINAN. !'\'k- STAFFORD:
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Exhibit "A"
CONTRACT
ADRIAN SEWER & WATER REHABILITATION — PHASE I
PROJECT NO. 2012-04
THIS AGREEMENT, made and entered into this day of , 2013, by
and between Bay Pacific Pipelines, 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 April 9, 2013, 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 salve to completion within one - hundred seventy -five (175)
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 Two - thousand five- hundred dollars ($2,500.00) 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 1,684,875.90.
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
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 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:
"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, 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 law, 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 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 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
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 BAY PACIFIC PIPELINES, INC.
City Manager Date Name /Title Date
Per Resolution No. 2013- adopted by the Rohnert Park
City Council at its meeting of April 9, 2013.
ATTEST:
City Clerk
4
APPROVED AS TO FORM:
City Attorney