2018/06/12 City Council Resolution 2018-085RESOLUTION NO. 2018-085
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR
THE KEISER AVENUE REHABILIATION-PHASE 1 PROJECT (PROJECT
NUMBER 2017-18), AWARDING THE CONSTRUCTION CONTRACT TO
TEAM GHILOTTI, INC., AND RELATED ACTIONS
WHEREAS, the University District Specific Plan (Specific Plan) is a development governed
by a Development Agreement entered into with University District LLC and Vast Oaks L.P
(Developer) that ensures the orderly development of the infrastructure necessary to serve planned
growth; and
WHEREAS, within the Development Agreement is a requirement to develop and reconstruct
Keiser Avenue with infrastructure to serve the new development; and
WHEREAS, the Keiser Avenue Rehabilitation Project- Phase 1 is within the Public
Facilities Finance Plan (PFFP); and
WHEREAS, the PFFP allows for the City to collect fees from developments to perform
public projects within the plan; and
WHEREAS, the Keiser Avenue Rehabilitation -Phase 1 Project, Project Number 2017-18
(Project) includes the installation of a water line along Keiser (From Snyder to Kerry Road) and an
asphalt overlay within the road footprint; and
WHEREAS, the Specific Plan has undergone review pursuant to the California
Environmental Quality Act (CEQA), with appropriate mitigation measures set forth in:
2006 Program Environmental Impact Report: A document inclusive of all
aspects of the University District Specific Plan, including a full review of
Keiser Avenue as proposed to be completed in the Specific Plan.
2014 Addendum: Programmatic changes to the land use designations
within the Specific Plan.
2016 Addendum: Additional information regarding the location of the
water tank serving the Specific Plan.
WHEREAS, the City will require construction to be performed in compliance with any
applicable mitigation measures set forth in the aforementioned CEQA documents; and
WHEREAS, approval of the Project is exempt from CEQA pursuant to Section 21080.21
of the Public Resources Code and Title 14 of the California Code of Regulations section
15282(k); and
WHEREAS, the plans and specifications for the Project were prepared by a City consultant,
and reviewed by Development Services Staff; 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
May 11, 2018 for the Project; and
WHEREAS, four bids were received on the bid opening date of May 31, 2018; and
WHEREAS, Development Services staff determined that Team Ghilotti, Inc. submitted
the lowest cost bid and is the lowest responsive and responsible bidder with an amount of
$1,229,095.00;
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 Keiser Avenue Rehabilitation -Phase 1 Project
(Project Number 2017-18) are hereby approved and adopted (On file with The City
Clerk's office)
3. 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.
4. 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
Team Ghilotti, Inc. for the Project to be the lowest, responsive bid and waives any
irregularities in such bid in accordance with applicable law.
5. The City Manager is hereby authorized and directed to execute the contract with Team
Ghilotti, Inc. in substantially similar form to Exhibit A, which is attached hereto and
incorporated by this reference, for the sum of one million, two hundred twenty-nine
thousand, ninety-five dollars and zero cents ($1,229,095.00) for construction of the
Project in accordance with the bid documents and applicable law upon submission by
Team Ghilotti, Inc. of all documents required pursuant to the Project bid documents.
6. The City Manager is hereby authorized to execute change orders in an amount not to
exceed 25% of the bid or two hundred forty-five thousand, eight hundred nineteen dollars
($307,274.00).
7. City staff is hereby directed to issue a Notice of Award to Team Ghilotti, Inc. for this
proj ect.
8. The Finance Director is hereby authorized to make appropriations in the amount of
$709,914 from Fund 519 (the Water Capacity Charge Fund) to fund the Project, as well
as implement a budget amendment to the Fiscal Year 2017-18 budget in accordance with
the foregoing.
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.
(2)
2018-085
DULY AND REGULARLY ADOPTED this 12th day of June, 2018,
ATTEST:
10, A �) jt 4_0_A�
CoAnne Buergler, City Clerk
Attachment: Exhibit A
CITY OF ROHNERT PARK
Pam Stafford, Mayor
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(3)
2018-085
Exhibit A
CONTRACT
KEISER AVENUE RECONSTRUCTION — PHASE I_
PROJECT NO. 2017-18
THIS AGREEMENT, made and entered into this day of , 20_, by and
between , 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 June 12, 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 Daimiges: 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 75 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 FIVE HUNDRED DOLLARS ($500) 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 $1,229,095.00.
4. Com . oilent Parts and inter retation: 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
KEISER AVENUE RECONSTRUCTION
- PHASE I
Exhibit A
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 -Wage : 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.
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).
KEISER AVENUE RECONSTRUCTION - PHASE 1
Exhibit A
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. A Vrent ves: 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 1)iscrimination: 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.
KEISER AVENUE RECONSTRUCTION - PHASE I
Exhibit A
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. hidemnity and I11surtr17ce: 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.
KEISER AVENUE RECONSTRUCTION - PHASE I
Exhibit A
KEISER AVENUE RECONSTRUCTION - PHASE I
Exhibit A
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.
KEISER AVENUE RECONSTRUCTION -PHASE I
Exhibit A
KEISER AVENUE RECONSTRUCTION -PHASE I
Exhibit A
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 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.
KEISER AVENUE RECONSTRUCTION - PHASE I
CITY OF ROHNERT PARK
City Manager Date
Per Resolution No. 2018-085 adopted by the Rohnert Park
City Council at its meeting of June 12, 2018
ATTEST:
City Clerk
KEISER AVENUE RECONSTRUCTION - PHASE 1
Exhibit A
Team Ghilotti, Inc
Name/Title Date
APPROVED AS TO FORM:
City Attorney