2018/05/08 City Council Resolution 2018-069RESOLUTION NO. 2018-069
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR
THE MARTIN AVENUE REHABILITATION PROJECT (PROJECT NUMBER
2017-15) AWARDING THE CONSTRUCTION CONTRACT TO GHILOTTI
BROS., INC. AND RELATED ACTIONS
WHEREAS, the Martin Avenue Rehabilitation Project (Project Number 2017-15) includes
the full depth reclamation of the asphalt concrete pavement, improvements to the curb ramps, new
pavement striping and markings, signs and posts and appurtenances on Martin Avenue; and
WHEREAS, the plans and specifications for the Projects were prepared by Moe
Engineering; 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; and
WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.F Contracts
for Public Projects and the Public Contract Code, an invitation for bids was posted/published on
April 6, 2018 for the Project; and
WHEREAS, 4 sealed bids were received on the bid opening date of May 1, 2018 and
were publicly opened; and
WHEREAS, Development Services staff determined that Ghilotti Bros., Inc. submitted
the lowest responsive and responsible bid with an amount of $324,880.50;
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 material to this Resolution.
2. The plans and specifications for the Martin Avenue Rehabilitation Project (Project
Number 2017-15) are hereby approved and adopted (On file with City Clerk's Office).
3. The City Council finds that the Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the scope of the project is pavement
rehabilitation, and is therefore categorically exempt under CEQA Guidelines section
15301 (Existing Facilities) and 15302 (Replacement or Reconstruction), and directs staff
to file a Notice of Exemption for the project.
4. 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.
5. In accordance with California Public Contract Code Section 20160 and any other
applicable laws, the City Council of the City of Rohnert Park hereby finds the bid
of$324,880.50 for the Project to be the lowest, responsive and responsible 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
Bros., Inc. in substantially similar form to Exhibit A, which is attached hereto and
incorporated by this reference, for the sum of three hundred and twenty-four thousand,
eight -hundred and eighty dollars and fifty cents ($324,880.50) for construction of the
Project in accordance with the bid documents and applicable law upon submission by
Ghilotti Bros., Inc. of all documents required pursuant to the Project bid documents.
7. The City Manager is hereby authorized to execute change orders in an amount not to
exceed 15% of the project costs ($48,732.08) to allow for unanticipated changes during
construction.
8. City staff is hereby directed to issue a Notice of Award to Ghilotti Bros., Inc. for this
proj ect.
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 8th day of May, 2018.
ATTEST:
NA134n J
Caitlin Saldanha, Assistant City Clerk
Attachment: Exhibit A
CITY OF ROHNERT PARK
'��C"
Pam Stafford, Mayor
,MANO'II :R�S� BE,LFORTE: bS MACKENZIE:Ale CALLINAN: Wq(- NTAFFORD:��
AYES: ( 3 ) NOES: ( 0) ABSENT: ( ;.� ) ABSTAIN-.( 0 )
(2)
2018-069
Exhibit A to Resolution
CONTRACT
MARTIN AVENUE REHABILITAITON
PROJECT NO. 2017-15
THIS AGREEMENT, made and entered into this 8th day of May, 2018, by and between
Ghilotti Bros. Inc., 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 May 8, 2018 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 30 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 calendar 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. Payment 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 $324,880.50
4. Component 6'arts rind 111Lerla]-CM1ion: 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) Technical Specifications
j) Design Standards
k) 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
City Hall.
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.
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.
With each application for payment, Contractor shall also deliver certified payrolls to Owner
as set forth above in these General Conditions, and concurrently therewith (but in no event less
frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor
Commissioner
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. AVRreatices: 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 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
(connnencing 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 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
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 Contract; 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. Contractor 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 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.
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 ofRohnert Park has caused these presents to be executed
by its officers, thereunto duly authorized, and Contractor has subscribed sarne, all on the day and year
first above written.
CITY OF ROHNERT PARK GHILOTTI BROS., INC.
City Manager Date Name/Title Date
Per Resolution No. 201 H -NA' adopted by the Rohnert Park
City Council at its meeting of May 8, 20] 8
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney