2013/08/27 City Council Resolution 2013-124RESOLUTION NO. 2013 -124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE
ROHNERT PARK EXPRESSWAY, SLURRY SEAL, SIGN AND STRIPING PROJECT
NO. 2013 -03, REDWOOD DRIVE TO COMMERCE BOULEVARD PROJECT AND
AWARDING THE CONTRACT TO THE LOWEST RESPONSIVE AND
RESPONSIBLE, BIDDER
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 July 24, 2013; and
WHEREAS, the plans and specifications for the ROl -INERT PARK EXPRESSWAY,
SLURRY SEAL, SIGN AND STRIPING, PROJECT NO. 2013 -03 were designed by Baechtel
Hudis, Consulting Civil Engineers & Planners and approved by the Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and bids were opened on August 22,
2013; and
WHEREAS, two (2) bids were received; and
WHEREAS, Development Services staff determined that Central Valley Engineering &
Asphalt, Inc. is the lowest responsive, responsible bidder; and
WHEREAS, the City Council determined that the Project is exempt from the
requirement of the California Environmental Quality Act (CEQA) pursuant to the following
authority:
1. Section 15301.C. Existing Facilities, since the project consists of the repair and
maintenance, and or minor alteration of existing public facilities within existing
streets and involves no expansion of use in existing streets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the plan and specifications for the ROHNERT PARK EXPRESSWAY, SLURRY
SEAL, SIGN AND STRIPING, PROJECT NO. 2013 -03 are approved and adopted.
BE IT FURTHER RESOLVED that the bid for the ROHNERT PARK
EXPRESSWAY, SLURRY SEAL, SIGN AND STRIPING, PROJECT NO. 2013 -03 is accepted,
and that Central Valley Engineering & Asphalt, Inc., was the lowest responsive and responsible
bidder.
BE IT FURTHER RESOLVED that the contract is awarded to Central Valley
Engineering & Asphalt, Inc., for the amount of One Hundred Twenty Eight Thousand Eight
Hundred Fourteen Dollars and Forty Seven cents ($128,814.47).
BE IT FURTHER RESOLVED that the City Council does hereby authorize and
approve an agreement by and between Central Valley Engineering & Asphalt, Inc., and the City
of Rohnert Park, a municipal corporation, for the ROHNERT PARK EXPRESSWAY, SLURRY
SEAL, SIGN AND STRIPING, PROJECT NO. 2013 -03.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate said 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 ", which is attached hereto and incorporated by this reference, subject to minor
modification by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park on 27`x' day of August, 2013.
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ATTEST:
: -I O H E RT PA-
t �
r
J`o nne Buergler, City Cler t
Exhibit: Agreement
CITY OF ROHNERT PARK
Pam Stafford, Mayor
AHANOTIAJ�, BELFORTE: W MACKENZIE: CALLINAN: Eli STAFFORD:
AYES: ( S ) NOES: ( 0 ) ABSENT: ( 0 ) ABS "TAIN: ( 6 )
(L)
CONTRAC
ROHNERT PARK EXPRESSWAY OVERCROSSING
SLURRY SEAL, SIGN AND STRIPING
THIS AGREEMENT, made and entered into this day of , 20_,
by and between , hereinafter called "Contractor ", and the City of
Rohnert Park, hereinafter called "City ".
ITNESSETH:
WHEREAS, the City Council of said City has
performing the work hereinafter mentioned in accord,
Contractor.
NOW, THEREFORE, IT IS AGREED, as
1. Scope of Work: The Contractor must�prfot
Sri %/
labor, materials, equipment and all utility and transportatr�
the work of construction and installation f the improvement
Resolution adopted by the City Counc ajd City on S
quantities of which are more particularly the Co:
office of the City Clerk, except work to , perf Eby
Contractor's bid and for which the Contractors tarn,�esp'
2. Time of Perfo
within ten (10) calendar ;days
and must diligently pros i eptr
Notice. The Coontxactor ack
Contractor',is, at C
Tn the event the Ctsn
or within sc>I, further time a
the City ligdi' damages
day for each and query day's
Additional proviso yvith r�
in the specifications,
to Contractor for
proposal of said
he work and. Tarnish all the
required to complete all of
particularly described in the
er 10, 2013, the items and
did therefor on file in the
itractors as set forth in the
iguid*d Damages: The Contractor must begin work
notice ity Engineer to proceed with the work
�
;omplett i 'within 45 (forty-five) calendar days of that
1 x1#8 that time is of the essence with respect to
I ` ditgently pursue performance of the work.
or d, bi6t complete the work within the time limit so specified
rd Cr�`Council must have authorized, the Contractor must pay to
re amount of Two Thousan Five Hundred Dollars ($2,500.00) per
ay in finishing the work beyond the completion date so specified.
d to said time of completion and liquidated damages are set forth
isions 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 <<AMOUNT> >.
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
1
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 attachments
and certifications
e)
Faithful Performance Bond
f)
Labor and Material Bond
g)
Special Provisions
h)
Standard Specifications
i)
j)
Design Standards
Plans, Profiles and Detailed Drawings
,O
r
In the event of conflict between these documen� tl follows rder of precedence
will govern: this contract; change orders; supplemerpt- agreements and Nved revisions to
plans and specifications; special conditions; stands t �specrfications; detail p, en ral plans;
standard plans; reference specifications. In the a�e of a ptrolling or coit�� provision
in the foregoing, the Standard Specifications (2010 on „ f lie California,epartment of
Transportation shall apply to this project.
5. Independent Contractor Contractor is `��ill at all times remain as to
City a wholly independent contractor ""PAR, an
nor any��bts� officers, employees, or
T
agents will have control over the conduc of�V �,r or �y of Contractor's officers,
employees, agents or subcontractors, excepils, ea ressl l rth in the Contract Documents.
Contractor may not at/ t1r�1e or in any nypi ner repre�nt that it or any of its officers,
employees, agents, ofsubcontractors are rn any manner officers, employees, agents or
subcontractors of ON I
6 Prevarlii Wages. Capps of the determination of the Director of the
Departmo i of Industr`t�a Relations of the prevailing rate of per diem wages for each craft,
cIassrf��at on or type of ca r er needed to execute this Contract will be on file in, and available
at, the o f`��" of the Director 1601 Carmen Drive, Camarillo, California 93010.
Contradtbr must post t the work site, or if there is no regular work site then at its
principal office, `ffp the duratr6n of the Contract, a copy of the determination by the Director of
the Department o al Relations of the specified prevailing rate of per diem wages.
(Labor Code § 1773
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
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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 or any subcontractor from employing
properly registered apprentices in the execution of the Contract. Contractor is responsible for
compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute
requires that contractors and subcontractors must submit contract award information to the
a pp licable joint apprenticeship committee, must ernploy a pP re.n e s in a pp renticeable
occupations in a ratio of not less than one hour of apprentice's ,Work for every five hours of
labor performed by a journeyman (unless an exception is ,ea�fW under § 1777.5), must
contribute to the fund or funds in each craft or trade or 0 likeount to the California
Apprenticeship Council, and that contractors and su
otherwise qualified employees as apprentices solely
national origin, ancestry or color. Only apps entice
are in training under apprenticeship standards and: -w
be employed on public works in apprenticeable occur
If federal funds are used to pay for the Work,
comply, as applicable, with the labor an `t'eporting
USC § 276a -7), the Copeland Act (40 USA`§ 7 iic a
Hours and Safety Standards Act (40 USC 027 and
7. Hours oI ,ba f
sections 1810 and fo�ving,0
will forfeit as a pertfCrty t
this Contract by Contr Ir or
worker is required or perm�tl-
hours in any'i` err wed
z, , �44zry
ApprenticedAt
1411, Sf of 1968) and`,1
by the Confr x r or any Su
s musf"-' #tq�Mdiscriminate among
nd of sex, religion, creed,
Labor Codecon 3077, who
No have written apprentice �orft' acts, may
> "'Rons /i�
N
Confti'' �l and any subcontractor agree to
requiremft of the Davis -Bacon Act (40
;id 18 USOMN , and the Contract Work
'ontractor aeeowledges gat under California Labor Code
hours of lab,-Qr constitutes a legal day's work. Contractor
ii of $25.00,,',,$,, r each worker employed in the execution of
y subcontractotipfibr each calendar day during which such
vn trtare,t]jpneight hours in any one calendar day and 40
violahoriof�ie provisions of Labor Code section 1810. .
nuts directed to the provisions in Sections 1777.5 (Chapter
6 of1tlie Labor Code concerning the employment of apprentices
Etc r under him.
Section _5 as, 'mended, requires the Contractor or Subcontractor employing
� �N
tradesmen in any appr`pji,�$,Fable occupation to apply to the joint apprenticeship committee nearest
the site of the public w6' s project and which administers the apprenticeship program in that trade
for a certificate of appf,oval. 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 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 jeopardize his life or the
life, safety, or property of fellow employees or the public at large, or if the
specified task to which the apprentice is to be assigned.is of such a nature that
training cannot be provided by a journeyman, or
The Contractor and any Subconti
Section 1777.5 and 1777.6 in the employm
Information relative to apprenticeship standafY
�
obtained from the Direct u trial Relati(
San Francisco, Califofa, or the Divi
offices. j,..:.
which
a
him must cbtnply with the requirements of
,ntices.
ge schdl,' "a nd other requirements may be
x officio #e Administrator of Apprenticeship,
of Apprenticeship Standards and its branch
directed to Section 1735 of the Labor Code,
"Artractoi not discriminate in the employment of persons upon
puh works on any psis listed in subdivision (a) of Section 12940 of the Government
Code;�as, those base° re defined in Sections 12926 and 12926.1 of the Government
Code, pt as otheise provided in Section 12940 of the Government Code. Every
contractor �° V � publ d" works who violates this section is subject to all the penalties
�i
imposed for action 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, attorney's fees and other
defense costs and liabilities of any nature that may be asserted by arty on or entity including
Contractor, in whole or in part, arising out of Contractor's actiytles hereunder, including the
activities of other persons employed or utilized by Contractor rr1 htclrrlg subcontractors hired by
the Contractor in the performance of this Agreement exetting liabilities due to the active
negligence of the City. This indemnification obhgaho Tis`ot limns Jn any way by any
limitation on the amount or type of damages or compe�y'tonypayable by or for Contractor under
Worker's Compensation, disability or other employ benefit acts or the tetinpphability or
limitations of any insurance held or provided by ctor anc� must continue to�b d'the parties
after termination/completion of this Agreement.
Contractor shall procure and matpntam throughout ffi t m for performance of the work
under this Contract the insurance require way
' the Special I't�as�ons The requirement that
Contractor procure and maintain insurancely 1��9 be corittd to limit the Contractor's
duty to indemni fy City as provided in the ai *rap h ?aft a '
�.
Failure of City,' no r complianc6Wth these r —` irements imposes no additional
obligations on City and will in nay act as a viver of any rights hereunder.
12. City Right Ter, nation and Ril to Complete the Work. The City may
terminate the Cpyttact wha'tttz y�ered during the work make it impossible or
impsactic bleto rq,Md, or �� the Crty'is°irevented from proceeding with the Contract by
act of GM, by law, or � pfticial% jon of a public authority.. In addition, the occurrence of
any oftit `ollowing is a dMult by �[ actor under this Contract:
Conti -Wr refuses or fails to prosecute the Work or any part thereof with
2
such diligenceR� will msi its completion within the time specified or any permitted
extension.
B. tractor 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 thevice of such notice, or
f
satisfactory arrangements acceptable to City for the correction op mifilation of such default
are made, as determined by City, City may thereafter terminate `` ontract by serving written
notice on Contractor. In such case, Contractor will not h�eId to receive any further
payment, except for Work actually completed prior to suhrminati accordance with the
provisions of the Contract Documents.
e�
In event of any such termination, City w� o immediately serve w0ftin p ice of the
termination upon Contractor's surety. The surd y 4'11,/%-,_ave Cl Mq ght to take over end perform
pursuant to this Contract; provided, however, that if tYi �'doenot give City written notice
of its intention to take over and perform this Contrac jn five days after service of the
notice of termination or does not commxtce performance vvrj 10 days from the date of such
notice, City may take over the Work ant,��pte the same $c�xletion by contract or by
any other method it may deem advisable or t1rwczount and are expense of Contractor.
Contractor and the surety will be liable to arty fox�� all dxcess costs or other damages
incurred by City in complgttpg the Work.
If City takes over the Vl%i3as providedY,� this Section, City may, without liability for
so doing, take possesst of, anc utilize in comft./w,g the Work, such materials, appliances,
plant, and other propertyilorlrtg tQ Contract'' as may be on the site of the Work and
necessary forte c1ax1plehonLre
t� Substitution' Security "for Withheld Amounts: Pursuant to California Public
Contracts Ob e Section 2' securities may be substituted for any moneys withheld by a
public agency toNensure perfotnance under a contract. At the request and sole expense of the
Contractor, sect ties equivant to the amount withheld must be deposited with the public
agency, or with ate or Federally chartered bank as the escrow agent, who must pay such
moneys to the Contra ripon satisfactory completion of the 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
0
the 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.
Q
c
The amount of securities to be deposited;
The terms and conditions of conversion to
Contractor; and
The termination of the escrow upon
14. General Provisions
A Authority to Execute. Each
necessary action has been taken by such Duty to
Contract and to bind it to the performance Mats stag
B Assignment. Contrad or in
written consent of City, ,w. ' consent may be'
experience and qualifie cons' l tractor were,,r
C. Btdtng Effect. This
administrators,
of the default of the
the
vents and warrants that all
undersigned to execute this
Contract without the prior
s sole discretion since the
:ions for this Contract.
t is binding upon the heirs, executors,
Parties.
T7 `Itegrated ,ontract. This Contract, including the Contract Documents,
is the enure, complete, "'fit land exclusive , expression of the Parties with respect to the Work to
be perf ed under this trtract an I supersedes all other agreements or understandings,
whether 8W ".r written, between Con actor and City prior to the execution of this Contract.
Bss Modir tion of Contract. No amendment to or modification of this
r F
Contract will be"' vltd, unl�s made in writing and approved by Contractor and by the City
f�-
Council or City Manama; as applicable. The Parties agree that this requirement for written
modifications cannot waived 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.
7
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
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 cop kax
pd simply, as a whole,
and in accordance with its fair meaning. It will not be interpreto ' trictly for or against either
Fy
party.
I. Severability. If any term, condttaon.;or covert of this Contract is
declared or determined by any court of compete jhit�d�iction to invalid, void or,
unenforceable, the remaining provisions of this Co,ofact will not the Contract
will be read and construed without the invalid, y r c unenfor gable provision; { 0
J. Venue. In the event of litigatio6`71
courts will be in the County of Sonora. In the event
venue will be in the Northern District ofl,fornia.
IN WITNESS WHEREOF, the City
executed by its officers, thereunto duly autho
day and year first above wf���
/A�, Eh z
CITY OF ROHNERT P,RK t
Citya� ger y Date
Per Re�luYit 2013 -124 adopted by�4�ie #, ,Phnert Park;
City Council et mg of September 1 t�13
—w �.
�s/ z
wyr k
ATTEST:
City Clerk
parties, venue in state trial
i in a U.S. District Court,
Palk has��aused these presents to be
cic a s subscribed same, all on the
<<CONTRACTOR>>
Name /Title
APPROVED AS TO FORM:
City Attorney
Date