2013/07/09 City Council Resolution 2013-108RESOLUTION NO. 2013 - 108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
WATER STORAGE TANK NO.2 INTERIOR RECOATING,
CITY PROJECT NO. 2012-11 AND AWARDING THE CONTRACT TO
OLYMPUS AND ASSOCIATES INC.
WHEREAS, the plans and specifications for the Water Storage Tank No. 2 Interior
Recoating were designed by Brelje & Race Consulting Engineers, Inc, and approved by the
Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and bids were opened on June 6, 2013;
and
WHEREAS, five bids were received ranging in price from $105,000.00 to $167,000.00;
and
WHEREAS, Brelje & Race Consulting Engineers, Inc., reviewed all bids for
responsiveness; and
WHEREAS, Brelje & Race Consulting Engineers, Inc., determined that Olympus &
Associates, Inc., submitted the lowest cost bid and is the lowest responsive and responsible
bidder; and
WHEREAS, on July 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 City Council determined that the Project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to the following
authorities:
1) Section 15301 of Title 14 of the California Code of Regulations, for the operation,
repair, maintenance, permitting, leasing, licensing or minor alterations to existing public or
private structures, facilities, mechanical equipment or topographical features involving negligible
or no expansion of use beyond that existing at the time of the lead agency's determination,
including publicly -owned utilities used to provide sewerage or other public utility services;
2) Section 15061, subdivision (b)(3), because CEQA applies only to projects which have
the potential for causing a significant effect on the environment and it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
I. 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 Water Storage Tank No. 2 Interior Recoating Project
are hereby approved and adopted.
4. The Project is hereby found to be 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 any
other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid
of Olympus & Associates, Inc. for the Water Storage Tank No. 2 Interior Recoating
Project 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
Olympus & Associates, Inc. for the amount of one hundred five thousand dollars and zero
cents ($105,000.00) for construction of the Project in accordance with the bid documents
and applicable law upon submission by Olympus Painting and Sandblasting of all
documents required pursuant to the Project bid documents.
7. City staff is hereby directed to issue a Notice of Award to Olympus & Associates, 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 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 July, 2013.
19
ATTEST
aoKNa gar P, _ CITY OF ROHNERT PARK
yAnne Buergler, City Clerk
Pam Stafford, Mayor
AHANOTU: i '{L BELFORTE: W MACKENZIE: N6 CALLINAN: 146%N f STAFFORD: 1` - '6
AYES: ( L� ) NOES: ( G ) ABSENT: ( ) ABSTAIN: ( 0 )
CONTRACT
WATER STORAGE TANK NO. 2 INTERIOR RECOATING
PROJECT NO. 2012-11
THIS AGREEMENT, made and entered into this 9th day of July, 2013, by and between
Olympus and Associates, Inc., hereinafter called "Contractor ", and the City of Rohnert Park,
hereinafter called "City ". A ,
WITNES
WHEREAS, the City Council of said Cit. W" ` a contract to Contractor for
performing the work hereinafter mentioned i rdance wits %mqsealed proposal of said
Contractor.
SM
NOW, THEREFORE, IT IS AGREED, as�ws a
1. Scope of Work: The ; . ctor shall pe % all the work and furnish all the labor,
materials, equipment and all utility any ation servi1 1 ke quired to complete all of the work
of construction and installation of the i ov\ more p glarl y described in the Resolution
adopted by the City Council of said City o ly 9, he ite A quantities of which are more
particularly set forth i ctor's bi refor ;, the rce of the City Clerk, except
work done or to be d..:
2. Time of rinan a ; ;, nd Li ui �; Damages: The Contractor shall begin work
within fiftee lendai ) notic 'the City Engineer to proceed with the work
and shalt acute Time to a�ioathin seventy -five (75) calendar days of that
the Cony ; r doe complete the work within the time limit so specified or
within such time as sai ;ty Cou i shall have authorized, the Contractor shall pay to the
City liquidatedI: es in the a nt of One Thousand Four Hundred Dollars ($1,400) per day for
each and every <t, elay i ishing the work beyond the completion date so specified.
Additional provisions _ eg„ said time of completion and liquidated damages are set forth in
the specifications, which " ns are hereby referred to and incorporated herein by reference.
3. Pa Ments: Payments will be made by City to the Contractor for said work
performed at the tunes 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 $105,000.00.
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
1
part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
C) hlstruction 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 Drawing
5. Wage Scale: Pursuant to Section 177
the City has obtained from the Director of the
prevailing rate of per diem wages and the gene
each craft, classification, or type of workman it
prevailing rate of per diem wages is on file in t
hereby made for further particulars. aid prevailing
to any interested party upon reque a copy tl
provisions of Article 2, Chapter 1, Pa n 2
Code and particularly Section 1775 ther sh `mac
Notice is here b ; VON fit, purse
� ,
California that the ( �� etor s � , ake
certified payroll records d that p ; ties
6
Dollars") "c�e�� wo en
�,
subcota; for, for each�dar�h
more tli`yht (8) hours �trr onh
violation opt provisions o� tcle
1810) of the 1„ Code of theme, e of
die LaR 111 , ode of the State of California,
..
ment ofh rtal Relations the general
y;..
ng rate for ho ,and overtime work for
to execute the ��, ct. A copy of said
of City Clerft�vhich reference is
an wages wiRl made available
be posted at t 1E fob site. The
with Section 1770) of the Labor
ofW Labor Code of the State of
this Section of the Labor Code
for v h of the sec on may be enforced.
for sly' -- forfeit, as penalty to said City, Twenty -five
th ecution of the contract by him or by any
✓ ny workman is required or permitted to labor
day and forty (40) hours in any one calendar week, in
Aer 1, Part 7, Division 2 (commencing with Section
7. Ap Aw t ces 121 ordance with the provisions of Section 1777.5 of the Labor
Code, and in accordanuyt ules and procedures of the California Apprenticeship Council,
properly indentured appsshall be employed in the prosecution of the work. The ratio of
apprentices to journeymen w o 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 o. , he Government Code. Every
contractor for public works who violates this se .;;,Ms subject to all the penalties
imposed for a violation of this chapter. °
9. Workmen's Compensation Ins
5, Chapter 1, Part 7, Division 2 (commencing
(commencing with Section 3700) of the Lab
required to secure the payment of compensate
and keep in effect adequate Workmen's Comp
The undersigned Contractor
which requires every employer to be
undertake self - insurance in accordance
provisions before commencing the pert
10. Inderaf° ? "To the,
harmless, release an d City,
consultants from and at any
expenses in,,,a, put nor,,
nature d by
out of✓ Factor's d'64
M�
utilized" ontractor mclt
Agreement epting liability
obligation isimited in
M
compensation pae by or
employee benefit a the t(
�r
Contractor and shall cue
urance 1KGMcordM' ,,with the provisions of Article
wit ion 1860) aiapter 4, Part 1, Division 4
:.., .
�y e of the State o ornia, the Contractor is
is employees and sh r that purpose obtain
ensa- nsuran _
of the pro Section 3700 o'the Labor Code
aa. amst lia for workmen's compensation or to
sions o ode, and will comply with such
;e o) Mlark of th ntract.
lest exte b' Contractor shall indemnify, hold
officers, °'d officials, agents, volunteers, and
1 all actro claims, demands, damages, disability, losses,
nd other defense costs and liabilities of any
rson l m ding Contractor, in whole or in part, arising
.1der, inc� the activities of other persons employed or
€Ijactors hired by the Contractor in the performance of this
to active negligence of the City. This indemnification
y b y limitation on the amount or type of damages or
Dntractor under Worker's Compensation, disability or other
)plicability or limitations of any insurance held or provided by
the parties after termination /completion of this Agreement.
11. Attorneys F6K 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
3
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
withheld and shall receive any interest thereon. ;