2014/07/22 City Council Resolution 2014-084RESOLUTION NO. 2014 - 084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE
INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION PROJECT NO.
2011 -04, AWARDING THE CONTRACT TO MICHELS CORPORATION AND
FINDING SUCH ACTION EXEMPT FROM CEQA
WHEREAS, the plans and specifications for the Interceptor Outfall Gravity Section
Rehabilitation Project No. 2011 -04 (Project) were designed by GHD Inc. and approved by the
Deputy City Engineer; and
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;
WHEREAS, consistent with the City of Rohnert Park Purchasing Policy Section 3.6.617
(Contracts for Public Projects) which defers to the Uniform Construction Cost Accounting
Procedures set forth in the Uniform Public Construction Cost Act, an invitation to bid on the
project was published on May 30, 2014;
WHEREAS, the Project was advertised for bids and City staff opened bids for the
Project on June 26, 2014; and
WHEREAS, four (4) bid proposals were received for the Project ranging in price from
$229,565.00 to $315,346.70; and
WHEREAS, GHD Inc. reviewed all bids for responsiveness; and
WHEREAS, GHD Inc. determined that Michels Corporation submitted the lowest cost
bid and is the lowest responsive and responsible bidder; and
WHEREAS, on July 22, 2014 a duly noticed public meeting was held on the approval of
the Project, the plans and specifications, and the award of the contract; and
WHEREAS, the Project involves maintenance and repair of an existing facility and will
be constructed using "trenchless technology" that will result in minimal disturbance to the
surrounding environment; and
WHEREAS, evidence in the record demonstrates that the Project is exempt from 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.
2014 -084
1
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 Interceptor Outfall Gravity Section Rehabilitation
Project No. 2011 -04, attached hereto as Exhibit A and incorporated by reference, are
hereby approved and adopted.
4. The project is exempt from the California Environmental Quality Act (CEQA) under the
following authorities:
a. Public Resource Code Section 15301(b) - Existing Facilities. This exemption
includes the repair, maintenance, or minor alteration of existing public facilities
used to provide utility services.
b. Public Resources Code Section 15302. This exemption includes the replacement
and /or reconstruction of an existing facility for the same purpose without a change
in capacity.
5. A Notice of Exemption is authorized to be filed.
6. In accordance with California Public Contract Code Section 20160 and following any
other applicable laws, the bid provided by Michels Corporation is accepted and any
irregularities with this bid are waived in accordance with applicable law.
7. An agreement by and between Michels Corporation and the City of Rohnert Park for
Project No. 2011 -04 is hereby approved.
8. The City Manager is hereby authorized and directed to execute the contract with Michels
Corporation, attached hereto as Exhibit B, for the amount of Two - Hundred - Twenty -Nine
- Thousand - Five - Hundred - Sixty -Five dollars and no cents ($229,565.00) for construction
of the Project in accordance with the bid documents and applicable law upon submission
by Michels Corporation of all documents required pursuant to the bid documents, subject
to minor modifications by the City Manager or City Attorney.
9. City staff is hereby directed to issue a Notice of Award to Michels Corporation for the
Project.
10. This Resolution shall become effective immediately.
11. 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.
2014 -084
2
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22 "d day of July, 2014.
ATTEST:
o nne M. Buergler, City Clerk
Attachment: Contract
BELFORTE: ABSENT MACKENZIE: ABSENT STAFFORD: AYE AHANOTU: AYE CALL,INAN: AYE
AYES: ( 3 ) NOES: ( 0 ) ABSENT: ( 2 ) ABSTAIN: ( 0 )
2014 -084
3
CONTRACT
INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION PROJECT
PROJECT NO. 2011 -04
THIS AGREEMENT, made and entered into this 22 °d day of 014 by and between Michels
Corporation, hereinafter called "Contractor", and the City of Rohnett fter called "City".
y .
WITNESSETH:
WHEREAS, the City Council of said City has
work hereinafter mentioned in accordance with the sea]
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Conti "W . a
materials, equipment and all utility and tran
construction and installation of the improvement
the City Council of said City on July 22, 2014,;1
forth in the Contractor's bid the &19,104 n file in the
subcontractors as set forth i ctor's.bid
2. Time °
fifteen (15) calendar days"
diligently prosecute the same
The Contract x e:
that Cont ror shall
e event the Conti
such furthe as said City
damages in t hunt of OT
in finishing the beyond
time of completion - iquic
referred to and incorpo
a contract to Contrac
sal of stl Contractor.
the
perform ally work and furnish all the labor,
services requit ii joomplete all of the work of
cularly desci r�� ill the Resolution adopted by
ties,df which are more particularly set
SII
Ahe"Cily irk, except work to be performed by
which the 0ontractor retains responsibility.
dated I%ma2es: The Contractor must begin work within
by the Engineer to proceed with the work and must
Wefi ndred and ten (110) calendar days of that Notice.
,ij 1f the essence with respect to Contractor's work and
trice of the work.
does Zh'ave omplete the work within the time limit so specified or within
icil m authorized, the Contractor must pay to the City liquidated
JOUSAND DOLLARS ($1,000) per day for each and every day's delay
, ompletion date so specified. Additional provisions with regard to said
damages are set forth in the specifications, which provisions are hereby
by reference.
3. Paymentf 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 $229,565.00.
Interceptor Outfall Gravity Section Rehabilitation Project
Rohnert Park City Proj. No. 2011 -04 1
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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)
b)
C)
d)
e)
0
h)
i)
j)
This Agreement
Notice Inviting Sealed Proposals
Instruction and Information to Bidders
Accepted Proposal, with all attachments and
Faithful Performance Bond
Labor and Material Bond
Special Provisions
Standard Specifications ,
Design Standards
Plans, Profiles and Detailed Drawl
In the event of conflict between these documents, th` ollo
i
this contract; change orders; supplemental agreements�0
"S
specifications; special conditions; standard specifications; deta z�
reference specifications. In the absence o�gontiolling or cone
p
Standard Specifications (2010 edition) of the a�n1l Depart ment
IN
ro ect.
wholly independent
control over the
subcontractors, exec
or in any manner re
manner officers, em
Indu
601 C
for the duration of
Industrial Relations
girder of precedo "ce will govern:
oved revisions to plans and
; general plans; standard plans;
provision in the foregoing, the
�ortation shall apply to this
)r is ' VON'
il at all times remain as to City a
f its o s, employees, or agents will have
Contractor's officers, employees, agents or
c Documents. Contractor may not at any time
ffiployees, agents, or subcontractors are in any
ity.
Copies of the determination of the Director of the Department of
`,,, °per diem wages for each craft, classification or type of
O1 be on file in, and available at, the office of the Director at
NMI
work site, or if there is no regular work site then at its principal office,
a copy of the determination by the Director of the Department of
fled prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and. -ny 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.
Interceptor Outfall Gravity Section Rehabilitation Project
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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 subcontr „ %3'r fi employing properly
registered apprentices in the execution of the Contract. Contractor ' onsible for compliance with
Labor Code section 1777.5 for all apprenticeable occupations. Th'.�at quires that contractors and
subcontractors must submit contract award information to the ap able jo renticeship committee,
must employ apprentices in apprenticeable occupations in a r f t less tha y� g hour of apprentice's
work for every five hours of labor performed by a Journe ' an Mess an excep ' s _. 's granted under §
1777.5), must contribute to the fund or funds in each or trade or a like amo the California
Apprenticeship Council and that contractors and su ; �� tors mu not discriminate #`g otherwise
qualified employees as a apprentices solely on the round <,; ex ��' %deli ion,* creed ational origin,
q PP ' Y g � �� g
ancestry or color. Only apprentices defined in Labor Co on 3077, who are in training under
apprenticeship standards and who have written apprentice con may be employed on public works
in apprenticeable occupations.
If federal fields are used to pay for the ' or , �� actor and an7ffllff bcontractor agree to comply,
as applicable, with the labor and reporting requi menu "�' vis -Baoon Act (40 USC § 276a -7), the
Copeland Act (40 USC § 276c and 18 USC § 8 he ;:`a;aWork Hours and Safety Standards
Act (40 USC § 327 and follrt'
7. Hours fabQ: Cont or acknowled that under California Labor Code sections 1810
and following, eight Lour bor c stitutes a legal s work. Contractor will forfeit as a penalty to
City the sum of $25.00 for e� in execution of this Contract by Contractor or any
subcontractor �f� lendar , urmg worker is required or permitted to work more than
�i ��
eight hour i any on � ar da = - 40 hours in any one calendar week in violation of the provisions
of Laba ode section
8.1�� ,A rp entices: tion W directed to the provisions in Sections 1777.5 (Chapter 1411,
Statutes of '8 and 1777.6 s ` the Labor Code concerning the employment of apprentices b the
t, g Y
Contractor or ari Rcontractot der him.
Section 1777., 'Ended, requires the Contractor or Subcontractor employing tradesmen in any
a pp renticeable occu ati apply to the J oint 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 request for certificate, or
Interceptor Outfall Gravity Section Rehabilitation Project
Rohnert Park City Proj. No. 2011 -04 3
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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. a public works Contract
would create a condition which would jeopardize his life lie It b-, safety, or property of
fellow employees or the public at large, or if the speclfig. to which the apprentice is to
be assigned is of such a nature that training cannot beppvlde a journeyman, or
E. When the Contractor provides evidence that
Contracts on an annual average of not less th
The Contractor is required to make contribuf funds
apprenticeship program if he employs registered apprentice �� '�Jourl
such Contracts and if other Contractors on the public works site
The Contractor and any Subcon
1777.5 and 1777.6 in the employment of
Information relative to apprenticeship standards,
from the Director of Industrial, lations, ex of
California, or from the Divi�� arenticeshil
9. Labor , g ft mation: ention is
as follows: TH/M..".
him must
and
egistere. rentices on all of his
ice to eigh neymen.
Y VW
blished for the =tn stration of
fi
b� in any appreq, :Keable trade on
7 such contributions.
the requirements of Section
her requirements may be obtained
of Apprenticeship, San Francisco,
;h offices. .
Section 1735 of the Labor Code, which reads
contra ust nor,d inmate in the employment of persons upon public
w on any std i f" ivision (a) of Section 12940 of the Government Code, as those
Apes are defined tions 6 j,,id 12926.1 of the Govertnment Code, except as otherwise
�ed in Section 40 oft overnment Code. Every contractor for public works who
vi his section is ect to the penalties imposed for a violation of this chapter. "
10. en's Corn nsation Insurance: In accordance with the provisions of Article 5,
Chapter 1, Part 7 Sion OP (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Se '�0) of the Labor Code of the State of California, the Contractor is required to
secure the payment of c ensation to his employees and must for that purpose obtain and keep in effect
adequate Workmen's Co pensation 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.
Interceptor Outfall Gravity Section Rehabilitation Project
Rohnert Park City Proj. No. 2011 -04 4
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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 u %F: ; , by Contractor including
subcontractors hired by the Contractor in the performance of this Agreem ' excep 'ng liabilities due to the
active negligence of the City. This indemnification obligation is not li> any way by any limitation on
the amount or type of damages or compensation payable by or for Co = - `cto er Worker's Compensation,
disability or other employee benefit acts or the terms, applicability limit at =. f any insurance held or
provided by Contractor and must continue to bind the er terns /completion of this
Agreement.' w.
Contractor shall procure and maintain through time fob performance of th ;Nk under this
Contract the insurance required by the Special Provisions. re i ,nt that Contractor procure and
maintain insurance shall in no way be construed to limit the Co 'F ,;° is duty to indemnify City as provided
in the paragraph above.
Failure of City to monitor compliance � ,e requirement s no additional obligations
on City and will in no way act as a waiver of arrright Ender.
12. City Right of Tennination and Ri to om le Work. The City may terminate the
Contract when conditions j during the�k make it possible or impracticable to proceed,
or when the City is pre ted frot 9ceeding with'ghe Contract by act of God, by law, or by official
action of a public In H ttion, the occ g en e of any of the following is a default by
: ` , ,. ..
Contractor under this Cone 6
MIM
�►tracto�zses or ftf prosecute the Work or any part thereof with such
diligence ill msuie�� �nplefM thin the time specified or any permitted extension.
., B. Conti -. fails to rrialete the Work on time.
Contract Is adjudged bankrupt, or makes a general assignment for the benefit of
creditors, or a r r is appohi on account of Contractor's insolvency.
D. tr, r fails to supply enough properly skilled workers or proper materials to
complete the Work in t e specified.
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.
Interceptor Outfall Gravity Section Rehabilitation Project
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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 Contrac 4��- In such case, Contractor
will not be entitled to receive any further payment, except for Work a�_ = lly bmpleted prior to such
termination in accordance with the provisions of the Contract Docum��
�y „
In event of any such termination, City will also
termination upon Contractor's surety. The surety will have tI
this Contract; provided, however, that if the surety does
take over and perform this Contract within five days aft `'er
commence performance within 10 days from the at . c
prosecute the same to completion by contract or by an
account and at the expense of Contractor. Contractor and the
excess costs or other damages incurred by City in completing
If City takes over the Work as provi
take possession of, and utilize in completinip
property belonging to Contractor as may be on
the Work.
13. Substitu%ie Hof Securi,
Ow
Code Section 22300,Vsecu may
performance under a contracf. th
arnount withhe e deposr
escrow aaen
",111M no f such
d el
r i t i e s eligible stitu
Pubha CaX-6,1 ,ts Code Sectro� 300
�W � r
must be thecial owner of , : sec
thereon.
written notice of the
h take o)% %:,;- perform pursuant to
gry amity written n� of its intention to
ice of the notice of te tion or does not
notice' City may take o Work and
it may deem isable for the
' willae liable to Cr1 for an and all
Y Y
Section, Cit} wihout liability for so doing,
such mater _; appliances, plant, and other
ork an ecessary for the completion of
.mounts: Pursuant to California Public Contracts
abstituted for " oneys withheld by a public agency to ensure
d sole e ense of the Contractor, securities equivalent to the
n" ��ricy, or with a state or federally chartered bank as the
to the Con ractor upon satisfactory completion of the contract.
Kank r th is section must include those listed in the California
or savings and loan certificates of deposit. The Contractor
ties substituted for moneys withheld and must receive any interest
Alternative(�� � ���
,tractor may request and the City shall make payment of retentions earned
directly to the escrow at the expense of the Contractor. At the expense of the Contractor, the
Contractor may direct tYinvestment 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.
Interceptor Outfall Gravity Section Rehabilitation Project
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LA #4834 - 0043 -9827 vl
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
14. General Provisions
A Authority to Execute. Each Patty ►e e ents and warrants ll necessary action
has been taken by such Party to authorize the undersigq to execute this Cont►ac o bind it to the
performance of its obligations. l r
p
B Assignment. Contractor may not as r `�t1t�Contract without "the prior written
�a
consent of City, which consent may be withheld in City sctd►scretion since the experience and
qualifications of Contractor were material 4w "Werations for this Cc ct.
C. Binding Effect. This b
administrators, successors and permitted assign f the
D Integr ntract. This
entire, complete, final an �' ' pression of "I C
under this Contract a _ : upersede I other agree
between Contractor T rior to execution of t
is binding Wn the heirs, executors,
Lact, incltog the Contract Documents, is the
Parties wif respect to the Work to be performed
.nts or understandings, whether oral or written,
E ModifiC iiendment to or modification of this Contract will
y���.
be valid unle ��+� �.��•iting a� �,�� proved �rtractor and by the City Council or City Manager, as
applicab `� e Pantie" that quirement for written modifications cannot be waived and that
any atl;�ted waiver will id.
Counter s, Fac`mile or other Electronic Signatures. This Contract may be
executed in counterpart "';ach of which will be deemed an original, and all of which, when taken
together, consti� e and t same instrument. Amendments to this Contract will be considered
executed when thee. ture a party is delivered by facsimile or other electronic transmission. Such
facsimile or other elec gnature will have the same effect as an original signature.
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.
Interceptor Outfall Gravity Section Rehabilitation Project
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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 , forceable, the remaining
provisions of this Contract will not be affected and the Contract will be ad an , construed without the
invalid, void or unenforceable provision.
J. Venue. In the event of litigation be
will be in the County of Sonoma. In the event of litigation
Northern District of California.
IN WITNESS WHEREOF, the City of Rohnertgfl
officers, thereunto duly authorized, and Contractor has su
written.
CITY OF ROHNERT PARK
City Manager
Per Resolution No. 2014-_ adopted by
City Council at its meeting of July 22, 2011
ATTEST:
City C
Date
Interceptor Outfall Gravity Section Rehabilitation Project
Rohnert Park City Proj. No. 2011 -04 8
LA #4834 - 0043 -9827 vl
these presents
l on the day
TION
ED AS TO FORM:
City Attorney
in state trial courts
venue will be in the
uted by its
first above
Date