2014/03/25 City Council Resolution 2014-029RESOLUTION NO. 2014 -029
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 2, PROJECT NO 2012 -01, AWARDING THE
CONTRACT TO WINDSOR FUEL CO., AND FINDING THE PROJECT EXEMPT
FROM CEQA
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 3.6.617
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 January 24, 2014; and
WHEREAS, the plans and specifications for the 2013 Various Streets Phase 2 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 February 27,
2014; and
WHEREAS, five (5) bid proposals were received for the 2013 Various Streets Phase 2
Project 2012 -01 ranging in price from $476,604.29 to $723,153.36; and
WHEREAS, Development Services staff reviewed the lowest bid for responsiveness;
and
WHEREAS, Development Services staff determined that Windsor Fuel Co. submitted
the lowest cost bid and is the lowest responsive and responsible bidder.
WHEREAS, the evidence in the record demonstrates that the Project is exempt from the
requirements of the California Environmental Quality Act (CEQA).
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 2013 Various Streets Phase 2 Project No. 2012 -01 are
hereby approved and adopted.
4. The 2013 Various Streets Phase 2 Project No. 2012 -01 is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to the following authorities:
a. Section 15301 of the State CEQA Guidelines, the repair and maintenance of existing
public facilities, including existing streets, sidewalks, gutters and bike path, is
Categorically Exempt from the provisions of CEQA (Class I — Existing Facilities). The
project involves no expansion of an existing use. There are no federally listed or
candidate species, or suitable habitat, or Critical Habitat within the construction area.
There is no substantial evidence that there would be a significant adverse environmental
impact associated with the project.
b. Section 15302 of the CEQA Guidelines, replacement and /or reconstruction of an existing
facility for the same purpose and capacity is Categorically Exempt from the provisions of
CEQA.
5. In accordance with California Public Contract Code Section 20160 and following any other
applicable laws, the bids for the 2013 Various Streets Phase 2 Project No. 2012 -01 are accepted.
Windsor Fuel Co. is hereby found to be the lowest responsive and responsible bidder and any
irregularities in such bid are waived in accordance with applicable law.
6. An agreement by and between Windsor Fuel Co. and the City of Rohnert Park, a municipal
corporation, for the 2013 Various Streets Phase 2 Project No. 2012 -01 is hereby authorized and
approved for the amount of the Base Bid and Add Alternate Bid Items in the amount of Six
Hundred Thousand Two Hundred Forty -five Dollars and Sixty -four Cents ($600,245.64).
7. The City Manager is 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 ten percent (10 %) of the value of the original contract.
8. City staff is hereby directed to issue a Notice of Award to Windsor Fuel Co. for this project.
9. This Resolution shall become effective immediately.
10. 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 this 25t" day of March, 2014.
Anne M. Buergler, City CAk
CITY OF ROHNERT PARK
Joseph T.�C llinan, ayor
BELFORTE:I)d MACKENZIE: S "rAFFORD: l�fAI- IANOTU: /V`(r,, CALLINAN: I'Y(�'
AYES: (q) NOES:(()) ABSENT: (1) ABSTAIN: ((9 )
CONTRACT
2013 VARIOUS STREETS PREVENTATIVE MAINTENANCE
PROJECT NO. 2012-01, Year 2
THIS AGREEMENT, made and entered into this 25th day of March, 2014, by and
between Windsor Fuel Company, hereinafter called "Contractor ", and the City of Rohnert Park,
hereinafter called "City ".
WITNESSETH:
WHEREAS, the City Council of said City has awarded a contract to Contractor for
performing the work hereinafter mentioned in accordance with the sealed proposal of said
Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Contractor must perform all the work and furnish all the
labor, materials, equipment and all utility and transportation services required to complete all of
the work of construction and installation of the improvements more particularly described in the
Resolution adopted by the City Council of said City on March 25, 2014, the items and quantities
of which are more particularly set forth in the Contractor's bid therefor on file in the office of the
City Clerk, except work to be performed by subcontractors as set forth in the Contractor's bid and
for which the Contractor retains responsibility.
2. Time of Performance and Liquidated Damages: The Contractor must begin work
within fifteen (15) calendar days after official notice by the City Engineer to proceed with the
work and must diligently prosecute the same to completion within 90 calendar days of that Notice.
The Contractor acknowledges and agrees that time is of the essence with respect to Contractor's
work and that Contractor shall diligently 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 time as said City Council must have authorized, the Contractor must pay to
the City liquidated damages in the amount of $1,000 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 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 $600,245.64.
LA #4834- 0043 -9827 v
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
g) Special Provisions
h) Standard Specifications
i) Design Standards
j) Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence
will govern: this contract; change orders; supplemental agreements and approved revisions to
plans and specifications; special conditions; standard specifications; detail plans; general plans;
standard plans; reference specifications. In the absence of a controlling or contrary provision
in the foregoing, the Standard Specifications (2010 edition) of the California Department of
Transportation shall apply to this project.
5. Independent Contractor. Contractor is and will at all times remain as to
City a wholly independent contractor. Neither City nor any of its officers, employees, or
agents will have control over the conduct of Contractor or any of Contractor's officers,
employees, agents or subcontractors, except as expressly set forth in the Contract Documents.
Contractor may not at any time or in any manner represent that it or any of its officers,
employees, agents, or subcontractors are in any manner officers, employees, agents or
subcontractors of City.
6. Prevailing Wages: Copies of the determination of the Director of the
Department of Industrial Relations of the prevailing rate of per diem wages for each craft,
classification or type of worker needed to execute this Contract will be on file in, and available
at, the office of the Director 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
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code
section 1776 relative to the retention and inspection of payroll records.
LA 44834 - 0043 -9827 vl
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 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
applicable joint apprenticeship committee, must employ apprentices in apprenticeable
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 granted under § 1777.5), must
contribute to the fund or funds in each craft or trade or a like amount to the California
Apprenticeship Council, and that contractors and subcontractors must not discriminate among
otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who
are in training under apprenticeship standards and who have written apprentice contracts, may
be employed on public works in apprenticeable occupations.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to
comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40
USC § 276a -7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work
Hours and Safety Standards Act (40 USC § 327 and following). .
7. Hours of Labor: Contractor acknowledges that under California Labor Code
sections 1810 and following, eight hours of labor constitutes a legal day's work. Contractor
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of
this Contract by Contractor or any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Labor Code section 1810. .
8. Apprentices: 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:
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
LA #4834- 0043 -9827 v 1
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
E. When the Contractor provides evidence that he employs registered apprentices on
all of his Contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship program if he employs registered apprentices or journeymen in
any apprenticeable trade on such Contracts and if other Contractors on the public works site are
making such contributions.
The Contractor and any Subcontractor under him must comply with the requirements of
Section 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch
offices.
9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
"A contractor must 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 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.
I.,A #4834 -0043 -9827 vl
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 any person or entity including
Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the
activities of other persons employed or utilized by Contractor including subcontractors hired by
the Contractor in the performance of this Agreement excepting liabilities due to the active
negligence of the City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Contractor under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Contractor and must continue to bind the parties
after termination /completion of this Agreement.
Contractor shall procure and maintain throughout the time for performance of the work
under this Contract the insurance required by the Special Provisions. The requirement that
Contractor procure and maintain insurance shall in no way be construed to limit the Contractor's
duty to indemnify City as provided in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12. City Right of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
impracticable to proceed, or when the City is prevented from proceeding with the Contract by
act of God, by law, or by official action of a public authority.. In addition, the occurrence of
any of the following is a default by Contractor under this Contract:
A. Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or any permitted
extension.
B. Contractor 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
LA 44834- 0043 -9827 vl
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 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 or elimination of such default
are made, as determined by City, City may thereafter terminate this Contract by serving written
notice on Contractor. In such case, Contractor will not be entitled to receive any further
payment, except for Work actually completed prior to such termination in accordance with the
provisions of the Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor's surety. The surety will have the right to take over and perform
pursuant to this Contact; provided, however, that if the surety does not give City written notice
of its intention to take over and perform this Contract within five days after service of the
notice of termination or does not commence performance within 10 days from the date of such
notice, City may take over the Work and prosecute the same to completion by contract or by
any other method it may deem advisable for the account and at the expense of Contractor.
Contactor and the surety will be liable to City for any and all excess costs or other damages
incurred by City in completing the Work.
If City takes over the Work as provided in this Section, City may, without liability for
so doing, take possession of, and utilize in completing the Work, such materials, appliances,
plant, and other property belonging to Contractor as may be on the site of the Work and
necessary for the completion of the Work.
13. 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 agency to ensure performance under a contract. At the request and sole expense of the
Contractor, securities equivalent to the amount withheld must be deposited with the public
agency, or with a state or federally chartered bank 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.
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
LA #4834 - 0043 -9827 v]
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 in case of the default of the
Contractor; and
c. The termination of the escrow upon completion of the contract.
14. General Provisions
A Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute this
Contract and to bind it to the performance of its obligations.
B Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City's sole discretion since the
experience and qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D Integrated Contract. This Contract, including the Contract Documents,
is the entire, complete, final and exclusive expression of the Parties with respect to the Work to
be performed under this Contract and supersedes all other agreements or understandings,
whether oral or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City
Council or City Manager, as applicable. The Parties agree that this requirement for written
modifications cannot be 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.
LA #4834 - 0043 -9827 v1
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 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 between the parties, venue in state trial
courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court,
venue will be in the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be
executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the
day and year first above written.
CITY OF ROHNERT PARK WINDSOR FUEL COMPANY
City Manager Date
Per Resolution No. 2014- adopted by the Rohnert Park
City Council at its meeting of March 25, 2014.
ATTEST:
City Clerk
LA #4834 - 0043 -9827 vl
Name /Title Date
APPROVED AS TO FORM:
City Attorney
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