2013/09/10 City Council Resolution 2013-128RESOLUTION NO. 2013 - 128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS AND AWARDING
THE CONTRACT TO GHILOTTI CONSTRUCTION COMPANY, INC., FOR THE
EASTSIDE TRUNK SEWER PHASE II PROJECT NO. 2007-02
WHEREAS, the plans and specifications for the Eastside Trunk Sewer Phase II Project
No. 2007 -02 were designed by GHD, and approved by the Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and City Staff opened bids for the
Eastside Trunk Sewer Phase II Project No. 2007 -02 on August 22, 2013; and
WHEREAS, Six (6) bid proposals were received for the Eastside Trunk Sewer Phase II
Project No. 2007 -02 ranging in price from $8,282,705.00 to $13,838,740.00; and
WHEREAS, GHD reviewed all bids for responsiveness; and
WHEREAS, GHD determined that Ghilotti Construction Co., Inc., submitted the lowest
cost bid and is the lowest responsive and responsible bidder; and
WHEREAS, Ghilotti Construction Co., Inc., submitted a bid price of $20,120.00 for
Alternate Bid Item 41; and
WHEREAS, on September 10, 2013 a duly noticed public meeting was held on the
approval of the plans and specifications and the award of the contract; and
WHEREAS, a California Environmental Quality Act (CEQA) Draft Mitigated Negative
Declaration was prepared for the project on April 28, 2006 and the Notice of Determination was
filed for the project with the Sonoma County Clerk on August 11, 2006.
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 Eastside Trunk Sewer Phase II Project No. 2007 -02
are hereby approved and adopted.
4. A California Environmental Quality Act (CEQA) Draft Mitigated Negative Declaration
was prepared for the project on April 28, 2006 and the Notice of Determination was filed
for the project with the Sonoma County Clerk on August 11, 2006. The Council has
determined, based on substantial evidence in the record, that the Eastside Trunk Sewer
Phase II Project was fully analyzed and approved in the aforementioned MND and NOD.
This is a subsequent action in furtherance of the approved project and no further
environmental review is required. Pursuant to CEQA Guidelines Section 15162, the
2013 -128
Council finds that (1) no substantial changes are proposed to the project, (2) no new
significant environmental effects and no substantial increase in severity of effects will
occur, (3) no new information of substantial importance shows that the project will have
new significant or more severe effects, (4) that no previously infeasible mitigation
measures or alternatives have become feasible, and (5) that no different mitigation
measures or alternatives would substantially reduce a significant effect on the
environment.
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 Ghilotti Construction Co., Inc., for the Eastside Trunk Sewer Phase II Project No.
2007 -02 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 Ghilotti
Construction Co., Inc., for the sum of the base bid and alternate bid items, for the amount
of Eight - Million- Three - Hundred- Two- Thousand - Eight- Hundred - Twenty -Five dollars
($8,302,825.00) for construction of the Project in accordance with the bid documents and
applicable law upon submission by Ghilotti Construction Co., Inc., of all documents
required pursuant to the Project bid documents.
7. City staff is hereby directed to issue a Notice of Award to Ghilotti Construction Co., 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 I0"' day of September 2013.
ATTEST:
rr t y �3
f f % I+ t.J
Anne Buergler, City Clerk
Attachment: Contract
CITY OF ROHNERT PARK
Pam Stafford, Mayor
AHANOTU: AiLz BELFORTE: IN'-(E; MACKENZIE: MS CALLINAN: A(P- STAFFORD: AXe
AYES: (!5 ) NOES: ( b ) ABSENT: ( D ) ABSTAIN: ( 6 )
2013 -128
CONTRACT
EASTSIDE TRUNK SEWER PHASE II
PROJECT NO. 2007 -02
THIS AGREEMENT, made and entered into this
and between Ghilotti Construction Co., Inc., hereinafter called
Park, hereinafter called "City ".
WHEREAS, the City Council of said City
performing the work hereinafter mentioned in ac(
Contractor.
NOW, THEREFORE, IT IS AGREED, a` flyvs:
, 20 , by
the City of Rohnert
a contract tov' for
the sealed proposal of said
1. Scope of Work The Contracto mus jperf work and furnish all the labor,
materials, equipment and a I ilt irty and transp4Wi n service�r oquired to complete all of the work
of construction and instalatron offi improveme�s more particularly described in the Resolution
adopted by the City,, of said City on Septei�b�er 10, 2013, the items and quantities of which
are more particularly set fare in thin Contractor's bid'erefor on file in the office of the City Clerk,
except work to be performed b�sibcanitc�s t forth in the Contractor's bid and for which the
Contractor eirnssan AAV,
Time of Ptimance andiquidated Damages: The Contractor must begin work
within fife (15) calendar ,i aftericial notice by the City Engineer to proceed with the work
and must dilf�ently prosecute tae same to completion within 350 calendar days of that Notice. The
Contractor acIMyv,,l ledges and agrees that time is of the essence with respect to Contractor's work
and that Contractor all dildntly pursue performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or
within such further th as said City Council must have authorized, the Contractor must pay to the
City liquidated darnages in the amount of THREE THOUSAND DOLLARS ($3,000) 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 Ibr said work
performed at the times and in the manner provided in the specifications and at the unit prices stated
Page 1
Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
in Contractor's bid.
The award of the contract is for a total amount of $8,302,825.00.
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) This Agreement
b) Notice Inviting Sealed Proposals
C) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments
e) Faithful Performance Bond
f) Labor and Material Bond
g) Special Provisions
h) Standard Specifications
i) Design Standards t
j) Plans, Profiles and Detailed Diav�s
In the event of conflict between lest
govern: this contract; change orders, sine
and specifications; special conditions; sly
standard plans; reference specifications. In'
the foregoing, the Standard Specifications
Transportation shall apply t,roject.
5;:
City a wholly mdependAf
will have contro) over the
agents or hubcorttrs, ex
may nott any time of trt a�
sub c ctors are in any
A � 1
Prevai
Depart ment of Iltztrial
classification or typef W?
at, the office of the Dittor
documents, the :following order of precedence will
e,�tal agreements Ord, approved revisions to plans
No M specifications; (�e� l plans; general plans;
5,
,e absent of a contr " mg or contrary provision in
( 0W'edittori sof the California Department of
ontractor. Cr tractor is and will at all times remain as to
r Neither Cit �o any of its officers, employees, or agents
of GIbritractof or any of Contractor's officers, employees,
expressry t forth in the Contract Documents. Contractor
r :represent that it or any of its officers, employees, agents, or
N
totem employees, agents or subcontractors of City.
E Wages: Copies of the determination of the Director of the
Rations of the prevailing rate of per diem wages for each craft,
Cer needed to execute this Contract will be on file in, and available
at 601 Carmen Drive, Camarillo, California 93010.
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.)
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
Page 2
Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
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 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 an
properly registered apprentices in the execution of the Conk,
compliance with Labor Code section 1777.5 for all aptnt
requires that contractors and subcontractors must s'mit 'b
applicable joint apprenticeship committee, must emplo,
occupations in a ratio of not less than one hour ofK%6 ��,ntice's
performed by a journeyman (unless an exception is gidted u
the fund or funds in each craft or trade or a like; tb tie
and that contractors and subcontractors must not discrr
employees as apprentices solely on the "'Bond of sex, rac(
ancestry or color. Only apprentices defittd2% labor Code
under apprenticeship standards and who have writenti
public works in apprenticeable occupations.
booritractor from employing
Contractor is responsible for
le ONO tions. This statute
ct award n formation to the
apprentices .apprenticeable
ark for every five �rs of labor
.;§ 1777.5), m4."f contribute to
lifornia Apprenticeship Council,
ite among otherwise qualified
religion, creed, national origin,
trrt ;3077, who are in training
eMracts, may be employed on
If federal funds r usei tay for the Work, Contractor and any subcontractor agree to
MY
comply, as apphcalaeh the l01,"ibr and reporting requirements of the Davis -Bacon Act (40
USC § 276a-7), Copd Act 40 USC 276c and 18 USC § 874), and the Contract Work
Hours and Safety St I I 3 7 and following). .
Hoursf`�Labor �pntractor acknowledges that under California Labor Code
sectio 810 and follow s eight pof labor constitutes a legal days work. Contractor will
forf 7t a penalty to City tesum
X25.00 for each worker employed in the execution of this
Contract byntractor or atubcontractor for each calendar day during which such worker is
required or permed to woil� ore than eight hours in any one calendar day and 40 hours in any
one calendar weeviolatiQ�of the provisions of Labor Code section 1810. .
8. AA rpp W 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 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:
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Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
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 o yaor
D. When the assignment of an apprentice to any wor 5`pWined under a public works
Contract would create a condition which wouldopardi e life, safety,
or property of fellow employees or the p the alarge, ified task to
which the apprentice is to be assigned roof such a nature that'fi ng cannot be
provided by a journeyman, or
s
E. When the Contractor provides evidence fl e errp registered apprentices on all
of his Contracts on an annual average o less than one apprentice to eight
journeymen.
The Contractor is required to make
of apprenticeship program if he employs re,
trade on such Contracts and if other G
contributions. ,
The Contract awl any Si ontractor i
Section 1777.5 and 1777. f,ti,the e a, ovment of
to funds e'hed for the administration
s orjoieymen in any apprenticeable
AMan
h���p blxc works site are making such
must comply with the requirements of
Information tat ve appren% p stand48c vage schedules, and other requirements may be
obtained from the Di'i ectar�of lndi
Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
(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 this contract.
11. Indemnity and Insurance: To the fullest extent perm
indemnify, hold harmless, release and defend City, its officers,
volunteers, and consultants from and against any and all
disability, losses, expenses including, but not limited to, attort4
liabilities of any nature that may be asserted by any perso
or in part, arising out of Contractor's activities me
employed or utilized by Contractor including sJ*ntracto
performance of this Agreement excepting liabilitiS dto the
indemnification obligation is not limited in any way b`
damages or compensation payable by or for Contractor un
other employee benefit acts or the tert�,, applicability ors
r �ylLr
provided by Contractor and must contmu t+0,nd the parties
Agreement.
Contractor shall procure and mainta.
under this Contract the,rn�r required
Contractor procure an %r9
duty to indemnify City as
Failure of City to
obligations QdsCttyiduv
ill m ., ay act
shall
K bylaw, Contractor must
officials, employees, agents,
ims, demands, damages,
f
fees Wther defense costs and
tv inclucStGCc
ng the actiAl [
hired by the '
tractor, in whole
of other persons
�'htractor in the
I've negligence 6IM6'City. This
fi tation on the am' nt or type of
orker's Compensation, disability or
�ations of any insurance held or
IQWrm nation /completion of this
hout`/ ire for performance of the work
Specta" rovisions. The requirement that
no way be construed to limit the Contractor's
these requirements imposes no additional
of any rights hereunder.
City Righf<df Tertni���i� and Right to Complete the Work. The City may
terminate the Contract wh �ondttltns encountered during the work make it impossible or
impracticably o, proceed, or w n the City is prevented from proceeding with the Contract by act
ve
of God, by la, ar by official action of a public authority.. In addition, the occurrence of any of
the following is a default by,bntractor under this Contract:
A. �i
Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
E. Contractor fails to make prompt payment to any subcontractor or for
material or labor.
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 irecto I serve a written notice of
default on Contractor specifying the nature of the default and pt�teps needed to correct the
default. Unless Contractor cures the default within 10 days thrvice of such notice, or
satisfactory arrangements acceptable to City for the correctr of such default are
made, as determined by City, City may thereafter terrt� his Conti by serving written
notice on Contractor. In such case, Contractor //Wj not be entitled to r ve any further
payment, except for Work actually completed przot,, o such termination in with the
provisions of the Contract Documents.
In event of any such termination, City will also rinrri ",iiately serve written notice of the
termination upon Contractor's surety he surety will have4 e,right to take over and perform
pursuant to this Contract; provided, however, that if the suret�� n give City written notice
I, <5
of its intention to take over and perform this Contt�rvithin five � after service of the notice
of termination or does not commence performance WV I0 da sf rom the date of such notice,
City may take over the Works and prosecute the sae to Con by contract or by any other
method it may deem adv .6 M, c r: the account ar�d at the ex rise of Contractor. Contractor and
the surety will be lia�) to City fob any and all 6� pss costs or other damages incurred by City in
completing the Wor
If City takes over the Work as pt�ednnis Section, City may, without liability for so
doing, take is�� s �f, and ttlrze in compl ing the Work, such materials, appliances, plant,
and oth property belotagtg tontractor as may be on the site of the Work and necessary for
the ccr aBAetion of the Work*
13. bstitution off' securities for Withheld Amounts: Pursuant to California Public
Contracts Cod, ° -gion 2230' securities may be substituted for any moneys withheld by a public
agency to ensure l under a contract. At the request and sole expense of the Contractor,
securities equivalent'tp the amount withheld must be deposited with the public agency, or with a
state or federally chartebank as the escrow agent, who must pay such moneys to the Contractor
upon 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.
Page 6
Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
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
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 t ,the default of the
Contractor; and
C. The termination of the escrow ubon coiif�letion ofe contract< P,
14. General Provisions
A Authority to Ex& Each Party cents and warrants that all
necessary action has been taken by suchaz, tp authorize th�a rtdersigned to execute this
Contract and to bind it to the performance of its obhgazaps.
B Asstgppt Contractoz �;ay not as this Contract without the prior
written consent of Cit � v i� � c nsent may e withheld4in City's sole discretion since the
experience and qualt, raetor were ibaterial considerations for this Contract.
C Bid��E t as Agre5m. ent is binding upon the heirs, executors,
r
adminishator � � , rs anY e mrtted a � gns o'fthe Parties.
'f� r
s D Initated Cctact ;This Contract includin the Contract Documents is
g
the qt omplete, fi na exclusieXpression of the Parties with respect to the Work to be
performMer this Conte ael'tand supersedes all other agreements or understandings, whether
oral or writteftetween Con&' for and City prior to the execution of this Contract.
E 9 y�.,Modi ,ation of Contract. No amendment to or modification of this
Contract will be va' r s made in writing and approved by Contractor and by the City
Council or City Mane r, as applicable. The Parties agree that this requirement for written
modifications cannot 15e 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.
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Eastside Trunk Sewer Phase II
Rohnert Park City Project No. 2007 -02
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 construedrnpy, as a whole, and in
accordance with its fair meaning. It will not be interpreted strictlyr or against either party.
L Severability. If any term, eonditio��> covant of this Contract is
declared or determined by any court of competent jurisdiction t#3 ,,die invalid, void or
unenforceable, the remaining provisions of this Contr1 rt'ot be affdcted and the Contract
will be read and construed without the invalid, void unenforceable provlslon,__,,,.
J. Venue. In the event of liti' '
courts will be in the County of Sonoma. In the event
will be in the Northern District of California.
IN WITNESS WHEREOF, the
executed by its officers, thereunto duly
day and year first above written.
CITY OF ROHNERT P
City Manager
Per Resolution No ,£,iii ,,-, MU &dopted by they
City Council atifst`eetmg 4Sep�10, 201
A
City Clerk
Park
Page 8
parties, vemi —, n state trial
a U.S. District Court, venue
Park `a ,ca4sed these presents to be
ntractor��ssubscribed same, all on the
CONSTRUCTION CO., INC.
Name /Title
APPROVED AS TO FORM:
City Attorney
Date