2013/05/14 City Council Resolution 2013-075RESOLUTION NO. 2013 -075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE 2013
VARIOUS STREETS PROJECT PHASE 1, PROJECT NO 2012 -01 AND AWARDING
THE CONTRACT TO MCK SERVICES, INC.
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
Controcts 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 June 20, 2012; and
WHEREAS, the plans and specifications for the 2013 Various Streets Phase 1 Project
2012 -01 were designed by City Staff, and approved by the Deputy City Engineer; and
WHEREAS, the Project was advertised for bids and bids were opened on April 16, 2013;
and
WHEREAS, Development Services staff reviewed the lowest bid for responsiveness;
and
WHEREAS, Development Services staff determined that MCK Services, Inc., submitted
the lowest cost bid and is the lowest responsive and responsible bidder.
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.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.
2. Section 15303 of the CEQA Guidelines, installation of small new equipment such as
electrical utility extensions, including street improvements, of reasonable length to serve
such construction is Categorically Exempt from the provisions of CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the plans and specifications for the 2013 Various Streets Phase 1 Project No. 2012 -01
are approved and adopted.
BE IT FURTHER RESOLVED that the bid for the 2013 Various Streets Phase 1
Project No. 2012 -01 is accepted, and that MCK Services, Inc., was the lowest responsive and
responsible bidder.
2013 -075
BE IT FURTHER RESOLVED THAT the contract is awarded to NICK Services, Inc.,
for the amount of Seven Hundred Eighty -eight Thousand Six Hundred Twenty -six Dollars and
fifty cents ($788,626.50).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between MCK Services, Inc.,
a California Corporation, and the City of Rohnert Park, a municipal corporation, for the 2013
Various Streets Phase 1 Project No. 2012 -01.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this 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," subject to minor modifications by the City Manager or City Attorney; and is also
authorized to approve cumulative contract change orders up to fifteen percent (15 %) of the value
of the original contract.
DULY AND REGULARLY ADOPTED this 14t" day of May, 2013.
ig
ATTEST:
Qp}1NHRT P., OF ROHNERT PARK
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All ) r7:k a, '
JoAnne Buergler, Crty Clerk
Attachments: Exhibit A, agreement
(�z
Pam Stafford, Mayor
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AHANOTU: BI LFORTI :
,0VN. MACI ENZIE: r CALLINAN: '� � <' -STAFFORD:
AYES: ( ) NOES: ( ) ABSENT: ( � ) ABSTAIN: (� )
2013 -075
Exhibit "A"
CONTRACT
2013 VARIOUS STREETS PREVENTIVE MAINTENANCE
PROJECT NO. 2012-01
THIS AGREEMENT, made and entered into this day of , 2013, by
and between MCK Services, Inc., hereinafter called "Contractor ", and the City of Rohnert Park,
hereinafter called "City ". ;
WITNESSETIIc'cl
WHEREAS, the City Council of said City award�a contract to Contractor for
performing the work hereinafter mentioned n ance with sealed proposal of said
Contractor. %f
NOW, THEREFORE, IT IS AGREED,
I. S c o e of Work: The< '
p actor must peg ��all the work and fur ish all the labor,
materials, equipment and all utility any p gation servie�equired to complete all of the work
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of construction and installation of the it ve' t t more pa, arly described in the Resolution
adopted by the City Council of said City��May 13, thes and quantities of which are
more particularly set f �� ; Contracts y id th file ; the office of the City Clerk,
except work to be p ed by ontracto f h ii ,ontractor's bid and for which the
Contractor retains re s 'bilrty.
2 �� xa ~ of Pei " i Lr uidat dgDarri es: The Contractor must begin work
within fi . N�- dar da , ei ofti�ia�` ��ce b' Ithe City Engineer to proceed with the work fli y pre they "� e to coin 'n within 90 calendar days of that Notice. The
and m' y igentl p
y
Contrac�b' cknowledges gree � t tin
is of the essence with respect to Contractor's work
and that C fictor shall diligtly pui`erformance of the work.
In the ev e Contrac1011t,111" Ooes not complete the work within the time limit so specified or
within such further as said ' Council must have authorized, the Contractor must pay to the
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City liquidated damag thgi�unt of $1,300 per day for each and every day's delay in finishing
the work beyond the coin rl date so specified. Additional provisions with regard to said time of
completion and liquidated ages 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 inanner 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 $788,626.50.
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 and certifications
e) Faithful Performance Bond
f) Labor and Material Bond
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S ecial Provisions
h)
h) Standard Specifications
i Design Standards A?gg, Y:N, ,
j) Plans, Profiles and Detailed Daah
In the event of conflict between these di cents, the follovvi� der of precedence will
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govern: this contract; change orders; suppler Ia1 agreements and app d revisions to plans
and specifications; special conditions; standa� ecific�s; detail
general plans;
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standard plans; reference specificati s. In the abs e =;° o ntrolling or cart'" ry provision in
the foregoing, the Standard Spe �s (2010 e �� of the California'Department of
Transportation shall apply to this prod
5. Inde endent Cont f=or. for As-
� ill at all times remain as to
City a wholly indepen� ctor. Ne �� Cit 1 '�'� � ; - -f its ` icers, employees, or agents
will have control o.- „' ; e co of Con % �ntractor's officers, employees,
y
agents or subcontrac except xpressly. forth in the Contract Documents. Contractor
may not at any time of i man represent kit or any of its officers, employees, agents, or
subcontract any ., yplo}% agents or subcontractors of City.
�� 6.� „ilin_ es. Copf�f the determination of the Director of the
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Departn�t of Industria %; ation the prevailing rate of per diem wages for each craft,
class ificatftfti type of wo need execute this Contract will be on file in, and available
at, the office” e Director a Carm rive, Camarillo, California 93010.
Contractor� t post a E e work site, or if there is no regular work site then at its
principal office, for . rat's:;,; f the Contract, a copy of the determination by the Director of
the Department of In du ions 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.
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
2
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 fi•om 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
applicable joint apprenticeship committee, must employs
occupations in a ratio of not less than one hour of apprenticea
performed by a journeyman (unless an exception is gran, �" d
the fund or funds in each craft or trade or a like amoun.
and that contractors and subcontractors must n, crime ";
employees as apprentices solely on the ground.... " ex, race,
ancestry or color. Only apprentices defined or Code se
under apprenticeship standards and who have en apprentice
public works in apprenticeable I'll AMIN&,
If federal funds are used to
comply, as applicable, with the lab
USC § 276a -7), the Copeland Act (
Hours and Safety Standards Act (40
7. Hour
sections 1810 and fo
forfeit as a penalty to
Contract by Gontkctc
require a mIT,% �worxq
;� %
one ca r week in fz ftion
8 �` pprentices.
1411, Statute s::968) and 17
the Contractor o -:' m Subcontri
the Work,
and I
27
rentices in apprenticeable
for every five hours of labor
1777.5), must contribute to
•nia Apprenticeship Council,
among otherwise qualified
A n, creed, national origin,
77, who are in training
1 r ay be employed on
and any subcontractor agree to
.s of the Davis -Bacon Act (40
§ 874), and the Contract Work
ractod ®' t under California Labor Code
rs of 1a3: nstitutes a`�gal day's work. Contractor will
$25.00 t- ch worker employed in the execution of this
%n' for calendar day during which such worker is
our any one calendar day and 40 hours in any
M m
rovisionslamabor Code section 1810.
�tioC�,irected to the provisions in Sections 1777.5 (Chapter
of the �or Code concerning the employment of apprentices by
under him.
Section 1777 :5 '`IM m , "3'; - -, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable occi"h apply to the joint apprenticeship committee nearest the site of
the public works project a 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
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 /fin
IV
When the Contractor provides evidence
of his Contracts on an annual averag
journeymen.
The Contractor is required to make
of apprenticeship program if he employs re
trade on such Contracts and if other C
contributions.
The Contractor and any Sub
Section 1777.5 and 1777.6 in the emp
Information relative
obtained from the F
San Francisco, Calif
which
Toys registered apprentices on all
�s than one apprentice to eight
is works
for the administration
Jn any apprenticeable
are making such
comply with the requirements of
other requirements may be
inistrator of Apprenticeship,
ards and its branch offices.
to Section 1735 of the Labor Code,
6Mst not discriminate in the employment of persons upon
e subdivision (a) of Section 12940 of the Government
;d rections 12926 and 12926.1 of the Government Code,
;d in Section 12940 of the Government Code. Every
who violates this section is subject to all the penalties
chapter. "
10. Workmen's Mnpensation 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 perfonnance 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 any person or e including Contractor, in whole
or in part, arising out of Contractor's activities hereunder, i g the activities of other persons
employed or utilized by Contractor including subcontr hired by the Contractor in the
performance of this Agreement excepting liabilities du ve negligence of the City. This
indemnification obligation is not limited in any w b ny hi on on the amount or type of
damages or compensation payable by or for Conn under Woik ompensation, disability or
4:
other employee benefit acts or the terms, apIility or limitations . any insurance held or
provided by Contractor and must continue to the parties after term" n /completion of this
Agreement. v
Contractor shall procure an
under this Contract the insurance r
Contractor procure and maintain insur
duty to indemnify City as grvided in the
Failure of C,, y mono` compliai
obligations on City all m nod act as
rough e time for performance of the work
the Sperm rovisions. The requirement that
o way' ' 0 strued to limit the Contractor's
hes`.� =-�;rements imposes no additional
of any ri is hereunder.
and MW to Complete the Work. The City may
tetmmat a .��Y�RIO'% M ens ►�ditions�e� 1. to during the work make it impossible or
�f
impra �e to proeM where, City is pr ted from proceeding with the Contract by act
of God �.,: w or offRO ac l a public authority.. In addition, the occurrence of an of
Y p Y y
the fol low i a default by lg tract6MWer this Contract:
Contractor fuses or fails to prosecute the Work or any part thereof with
such diligence as tx� isure its pletion within the time specified or any permitted extension.
� ME'
B. ti�tcsr 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 correction pr elimination of such default are
"ER
made, as determined by City, City may thereafter termm s Contract by serving written
notice on Contractor. In such case, Contractor will entitled to receive any further
payment, except for Work actually completed prior tO nmation in accordance with the
provisions of the Contract Documents.
In event of any such termination, City,
termination upon Contractor's surety. The ��
pursuant to this Contract; provided, however,
of its intention to take over and perform this C
of termination or does not commertg' form
City may take over the Work and p
method it may deem advisable for the o
the surety will be liable to City for any all
completing the Work.
doing, take possess
and other nronerty
the corn
A
agency to eiti "°
securities equ i -
state or federally
upon satisfactory
Securities eligible
California Public Contracts Code Section 22300 or
deposit. The Contractor must be the beneficial owner
withheld and must receive any interest thereon.
Mal21 11 so immediate eve written notice of the
will have the righke over and perform
h ,f the sureV does not City written notice z ont' wvrthae days after�� �'ce of the notice
� "IM
ance w ta-,,woa days from the da . of such notice,
e same dxrp letion by contract or by any other
kid at the erase of Contractor. Contractor and
MW damages incurred by City in
Sectcaity may, without liability for so
Work, such materials, appliances, plant,
on the site of the Work and necessary for
Vft l eId Amounts: Pursuant to California Public
y be substituted for any moneys withheld by a public
A. At the request and sole expense of the Contractor,
must be deposited with the public agency, or with a
✓ agent, who must pay such moneys to the Contractor
under this section must include those listed in the
bank or savings and loan certificates of
of any securities substituted for moneys
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 to cash
Contractor; and
C. The termination of the escrow upon completion 41
14. General Provisions
A Authority to Execute.
necessary action has been taken by such P;
Contract and to bind it to the performance of i
B Assignment. Contractor '- O— not as
written consent of City, which consent may be Gt .
experience and qualifications of Co or were mat
6b
C. Binding
administrators, successors and
D r,
the entire, complete' > and
performed under this „rac
oral or written, between
OEM
dific
Contraevill be valid s:
Council ity Manager;
modification nnot be wait/
be executed in sever'
when taken together, 1
be considered executed
transmission. Such f,
original signature.
in case of the default of the
contract.
is and warrants that all
dersianed to execute this
this Co without the prior
:ity's sole "s-etion since the
;rations for thl' ontract.
ent iading upon the heirs, executors,
tract C�a udig °the Contract Documents, is
ivyf
ive exp AOf the with respect to the Work to be
upersede other agreements or understandings, whether
"ity prio `c;the execution of this Contract.
of CC�1i � -L 'N' amendment to or modification of this
in wntiff d approved by Contractor and by the City
The Parties agree that this requirement for written
th '4 attempted waiver will be void.
1 , Facsimile or other Electronic Signatures. This Contract may
each of which will be deemed an original, and all of which,
e and the same instrument. Amendments to this Contract will
signature of a party is delivered by facsimile or other electronic
or other electronic signature will have the same effect as an
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.
7
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, condition or covenant of this Contract is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Contract will not be affected and the Contract
will be read and construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation ob'�' %the parties, venue in state trial
courts will be in the County of Sonoma. In the event of in a U.S. District Court, venue
will be in the Northern District of California.
IN WITNESS WHEREOF, the City of
executed by its officers, thereunto duly authori
day and year first above written.
CITY OF ROHNERT PARK
City Manager I N 1 0,1%
Per Resolution No. 2013- adopted by the Rohnert Park
8
:rt Park h %�halh,,ibscribed sed these presents to be
Contractor same, all on the
N
VICES,
ED AS TO FORM:
City Attorney
Date
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