2013/05/28 City Council Resolution 2013-080RESOLUTION NO. 2013 - 080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
SEWER INTERCEPTOR OUTFALL SCWA SPOOL REPLACEMENT,
CITY PROJECT NO. 2011 -04 AND AWARDING THE CONTRACT TO
VALENTINE CORPORATION
WHEREAS, the plans and specifications for the Sewer Interceptor Outfall SCWA Spool
Replacement 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 May 2, 2013;
and
WHEREAS, three (3) bids were received ranging in price from $49,023.24 to
$78,999.00; and
WHEREAS, Coastland Civil Engineering, Inc., reviewed all bids for responsiveness; and
WHEREAS, Coastland Civil Engineering, Inc., determined that Valentine Corporation
submitted the lowest cost bid and is the lowest responsive and responsible bidder; and
WHEREAS, on May 28, 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 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. 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 Sewer Interceptor Outfall SCWA Spool Replacement
are hereby approved and adopted.
4. The Project is categorically exempt from CEQA in accordance with the CEQA guidelines
as cited in this resolution.
5. 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 Valentine Corporation for the Sewer Interceptor Outfall SCWA Spool Replacement to
be the lowest, responsive bid and waives any irregularities in such bid in accordance with
applicable law.
6. The City Manager is hereby authorized and directed to execute the contract with
Valentine Corporation for the amount of forty -nine thousand and twenty -three dollars and
twenty -four cents ($49,023.24) for construction of the Project in accordance with the bid
documents and applicable law upon submission by Valentine Corporation of all
documents required pursuant to the Project bid documents.
7. City staff is hereby directed to issue a Notice of Award to Valentine Corporation for this
proj ect.
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 28th day of May, 2013.
19
ATTEST:
anNNExr P,;'T
oAnne Buergler, City Clerk
'\
CITY OF ROHNERT PARK
Pam Stafford, Mayor '
AHANOTU: AYE BELFORTE: AYE MACKENZIE: AYE CALLINAN: AYE STAFFORD: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
2013 -080
Page 2
CONTRACT
SEWER INTERCEPTOR OUTFALL SCWA SPOOL REPLACEMENT
PROJECT NO. 2011 -04
THIS AGREEMENT, made and entered into this ay of , 2013, by
and between Valentine Corporation, hereinafter called C9W. 40tor , and the City of Rohnert Park,
A i
hereinafter called "City ". 14kxv
W I T N E.St-R-UPT H
WHEREAS, the City Council of said G ty has awarded a 66- ct to Contractor for
performing the work hereinafter mentioned ni gprdancq fl ith the 0 .roposal of said
„y
Contractor.w-
NOW, THEREFORE, IT IS A'`J5E1T /, /.s follows:
1. Scope of Work The ConiNktor mus ��orm a111 work and furnish all the labor,
materials, equipment a d�� �� and tranp atrort� requ� to complete all of the work
of construction and jlation ce impro��euorec�arly described in the Resolution
s %, r
adopted by the City cil of sa City on Mme , 2013,the terns and quantities of which are
more particularly set fog g�theantractor's bird therefor on file in the office of the City Clerk,
except won,, rformed y �ntr t -Ts as sel 'forth in the Contractor's bid and for which the
Contractari�rsrbrlif fr `
NR
%o
2 / Time of Perfxmanc Liquidated Damages: The Contractor must begin work
/
within fift6l calendar day %after o f t notice by the City Engineer to proceed with the work
and must dill' y prosecute ,same completion within ninety (90) calendar days of that
Notice. The CMit for ac es and agrees that time is of the essence with respect to
Contractor's work aft , mat Con for shall diligently pursue performance of the work.
In the event the Contrctfr does not complete the work within the time limit so specified 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 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 $49,023.24.
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) This Agreement
b) Notice Inviting Sealed Proposals
C) Instruction and Information to Bidders
d) Accepted Proposal, with all attachmen
e) Faithful Performance Bond 4 '1
Labor and Material Bond
1
g) Special Provisions w
h) Standard Specifications %%
i) Design Standards
j) Plans, Profiles and DetailDrawings
In the event of conflict betwN,
govern: this contract; change orders
and specifications; special conditio
standard plans; reference specificatiol
the foregoing, the Stand %d Specifi
Transportation shall app`, o �yproj
5. -'
City a wholly independ
will have c } , Icwer t
X
agents o �W�
may n � ny time of "<
"�' , i
subcontrgrs are in any
,,
W� �l
y� Pry
Departmen stria
classification or typ
at, the office of the Dime
these docu "' ats,�rllowing order precedence will
5 y�i_01'1,' �
�plemental? nts and approved revisions to plans
��a�rd b snce o� f a�ons, detail p lans g eneral p lans,
trolling
or contrary provision in
fs (20Illtion) fe California Department of
ect.
itractoi`Ekytintractor is and will at all times remain as to
Neither i� nor any of its officers, employees, or agents
%Catiactor any of Contractor's officers, employees,
Ra
pr &ftt in the Contract Documents. Contractor
,presentW it or any of its officers, employees, agents, or
employees, agents or subcontractors of City.
aiI ages 'Opies of the determination of the Director of the
Rela I of the prevailing rate of per diem wages for each craft,
�rkeIII ded to execute this Contract will be on file in, and available
r a� Carmen Drive, Camarillo, California 93010.
Contractor must pW 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.)
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.
2
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 the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor
properly registered apprentices in the execution of the
compliance with Labor Code section 1777.5 for all a
requires that contractors and subcontractors must sul
applicable joint apprenticeship committee, must
occupations in a ratio of not less than one hour of a p?
P erformed by a journeyman ( unless an exce tii a
or any subcontractor from employing
Contrt. Contractor is responsible for
iprequMedble occupations. This statute
f ntract award information to the
L3�� apprentices in apprenticeable
t ce s fol every five hours of labor
aed under 1777.5), must contribute to
the fund or funds in each craft or trade or a li k unt to the Califoij Apprenticeship Council,
:
and that contractors and subcontractors 'e mo
m I not discriminate amct otherwise qualified
employees as apprentices solely on the ground'.. sex, raarelrgion, cd, national origin,
ancestry or color. Only apprentices defined in L % Co section 3077, W1 are in training
under apprenticeship standards and4' t : ave written nice contracts, may" be employed on
public works in apprenticeable oc( uBOf
If federal funds are used to pay he �ontract�arid any subcontractor agree to
comply, as applicable affill, ortm men d f the Davis -Bacon Act (40
USC § 276a -7), the an 40 USC , 7� d 1 § 874), and the Contract Work
Hours and Safet Stir / ds Act `'A" SC 327: `
Y�. § followings
7 fours of � 't <t3 motor aclef ledges that under California Labor Code
< >F o t �
sections 1h °� ow Eli �iours�z r c��0 titutes a legal day's work. Contractor will
�� g?� g Y
forfei penalty to the s4i?f $25. finch worker employed in the execution of this
ContraZFM Contractor ofY subractor for each calendar day during which such worker is
required or J, rtted to wor ���ore tha � ht hours in any one calendar day and 40 hours in any
one calendar' c in violatioi the protons of Labor Code section 1810. .
8. A '�ces: A lion is directed to the provisions in Sections 1777.5 (Chapter
1411 Statutes of 196Y" 1 of the Labor Code concerning the employment of apprentices by
the Contractor or any Sub�or under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable 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
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
3
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 least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the assignment of an apprentice to any work performed under a public works
Contract would create a condition which would ardize his life or the life, safety,
or property of fellow employees or the publ' ,.,arge, or if the specified task to
which the apprentice is to be assigned is a nature that training cannot be
provided by a j ourneyman, orb
,y
E. When the Contractor provides evided hat he empl registered apprentices on all
4�»R r
of his Contracts on an annua�,Age of not less tha ne apprentice to eight
Journeymen.
The Contractor is required to
of apprenticeship program if he empl
trade on such Contracts and if of
contributions.
The Contra
Section 1777.5 and
Information relative to
obtained fropa tJaq, Dnc
San Fran-
9.
which reads
in
a��o established for tie administration
pY or journeymen in arty apprenticeable
.:
on t'� „.blic works site are making such
with the requirements of
ehces standaids�ge schedules, and other requirements may be
o %�i�ltions,�officio the Administrator of Apprenticeship,
o ship Standards and its branch offices.
is directed to Section 1735 of the Labor Code,
A contrIr must not discriminate in the employment of persons upon
public works 115, �3 listed in subdivision (a) of Section 12940 of the Government
Code, as those bad, y efined 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. "
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.
4
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.
11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must
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, attorne fees and other defense costs and
liabilities of any nature that may be asserted by any person o ` i eluding Contractor, in whole
` A
or in part, arising out of Contractor's activities hereunder� i the activities of other persons
employed or utilized by Contractor including subcfcr? hired by the Contractor in the
performance of this Agreement excepting liabilities ,pd, the ah egligence of the City. This
indemnification obligation is not limited in any, y lrmrta on the amount or type of
damages or compensation payable b or for Co Ior under Worker's` `, pensation, disability or
g p pY y �, 5
other employee benefit acts or the terms, apbrlity or limitations�� insurance held or
provided by Contractor and must continue to bm e partie er termi ompletion of this
Agreement.
Contractor shall procure and
under this Contract the insurance regtd
Contractor procure and maintain msurane ��ha
duty to indemnify City Bpd in the pa
������, ATMQ{ ��� y
h � y
�a 2
Failure of Crt�momto °omphanc
obligations on City and M �n no W`yR act as a
hou 'z` �, time for performance of the work
Specs' 19visions. The requirement that
611,wav be 600trued to limit the Contractor's
these r6' irements imposes no additional
of any rights hereunder.
t3 rf s � � � � _ �� /✓ :r z
ht o T inatiotr y n l �Ri � to Complete the Work. The City may
inja# e Contract Shen coy; ons e red during the work make it impossible or
impracti ` ile to proceed oVAv en the sty is prevented from proceeding with the Contract by act
of God, bq& or by offrcr bull o ,� U lic authority. In addition, the occurrence of any of
the followmg�ts,�a�default by Cc, actor ud` r this Contract:
F� X
A �ontract� fuses or fails to prosecute the Work or any part thereof with
such diligence as will", t "I,,": All", mpletion within the time specified or any permitted extension.
B. Confrtor fails to complete the Work on time.
C. Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor's insolvency.
D. Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E. Contractor fails to make prompt payment to any subcontractor or for
material or labor.
5
F. Contractor fails to abide by any applicable laws, ordinances or instructions
of City in performing the Work.
G. Contractor breaches or fails to perform any obligation or duty under the
Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice of
default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless Contractor cures the default within 10 days after the service of such notice, or
satisfactory arrangements acceptable to City for the correctiotelimination of such default are
made, as determined by City, City may thereafter term Contract by serving written
notice on Contractor. In such case, Contractor will. entitled to receive any further
payment, except for Work actually completed prior tl' t ch nation in accordance with the
provisions of the Contract Documents.
In event of any such termination, Crt�
termination upon Contractor's surety. The su't
pursuant to this Contract; provided, however, tha
of its intention to take over and pern this Con
of termination or does not commen` i otman�
City may take over the Work and proyeute t
g NO
method it may deem advisable for the au nt a
the surety will be liable J,q, for any ari "; 11 ex
completing the Work`��,.
also immediately s� written notice of the
will have the right to�A%- over and perform
khe sub OR., oes not gr&Iy written notice
ettlt ve days after sere of the notice
wit'ht 1V ,'. days from the date of such notice,
iii / 'i
ae to copletion by contract or by any other
the expe 7 of Contractor. Contractor and
its or o�Wamages incurred by City in
If City takes 6 , the Work= providedE Rhis Section City may, liability for so
} , Y Y Y
doing, take possession of;��1 ut t complef�g the Work, such materials, appliances, plant,
T�
and other�p longri g p; gbh as may��%e on the site of the Work and necessary for
the corn�MIT0,11 fazk.
13. � 1ubstitution o %ccurrtrer Withheld Amounts: Pursuant to California Public
Contracts Co ction 223001C. tcurities i ay be substituted for any moneys withheld by a public
agency to ensure „ rmance ui d ° a contract. At the request and sole expense of the Contractor,
securities equivalenihe amok withheld must be deposited with the public agency, or with a
state or federally charta b A the escrow agent, who must pay such moneys to the Contractor
upon satisfactory completrc% Y�l he contract.
Securities eligible for substitution under this section must include those listed in the
California Public Contracts Code Section 22300 or bank or savings and loan certificates of
deposit. The Contractor must be the beneficial owner of any securities substituted for moneys
withheld and must receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions
earned directly to the escrow agent at the expense of the Contractor. At the expense of the
Contractor, the Contractor may direct the investment of the payments into securities and the
6
Contractor shall receive the interest earned on the investments upon the same terms provided for
in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the
Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City, pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion
Contractor; and
C. The termination of the escrow upon
14. General Provisions
A Authority to Execute. E
necessary action has been taken h Party to
N`,\
Contract and to bind it to the perforn � s obli�
B
written consent of C
experience and quay
C
administrators, succes
the en
oral or wri
Assignment. Cof " ctoi
t %� consentV, a be
Z,,
� ntractor ftre
�0�'
934"s ng E t This Ag
sor §' peg t t assigns `r:
lete, fi
r this C
Elq&Modifi
Contract will be v i unle:
Council or City Mane IN
t
modifications cannot be
in case of the default of the
of ontract.
the
nts that all
execute this
assi bis Contract without the prior
Id in s sole discretion since the
g f .x.
60 dera ions for this Contract.
It is binding upon the heirs, executors,
Parties.
�pntract��oact, including the Contract Documents, is
F
xdl
o
jve expresM of the Parties with respect to the Work to be
and s p xsedes all other agreements or understandings, whether
�. ,or and% prior to the execution of this Contract.
of Contract. No amendment to or modification of this
""de in writing and approved by Contractor and by the City
plicable. The Parties agree that this requirement for written
and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract may
be executed in several counterparts, each of which will be deemed an original, and all of which,
when taken together, constitute one and the same instrument. Amendments to this Contract will
be considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or other electronic signature will have the same effect as an
original signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any
7
Party of any breach of the provisions of this Contract will not constitute a waiver of any other
provision, or a waiver of any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of
the provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review
this Contract with legal counsel. The Contract will be construed simply, as a whole, and in
accordance with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, conditio'�� covenant of this Contract is
declared or determined by any court of competen�� Diction to be invalid, void or
�
unenforceable, the remaining provisions of this Contrge, not be affected and the Contract
NIRVI
N
will be read and construed without the invalid, void pelwnforc e provision.
J. Venue. In the event o between ies, venue in state trial
courts will be in the County of Sonoma. In t ent of litigation in a ,District Court venue
will be in the Northern District of California. 4M,u
IN WITNESS WHEREOF
executed by its officers, thereunto c
day and year first above written.
rITi
ohs j has caused thee` "`presents to be
and has subscribed same, all on the
City Clerk
8
CORPORATION
Name /Title
APPROVED AS TO FORM:
City Attorney
Date