2018/11/13 City Council Resolution 2018-139 RESOLUTION NO. 2018-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE ANIMAL SHELTER ROOF AND SIDING REPLACEMENT
PROJECT NO. 2015-22 AND 2017-01,FINDING THE PROJECT EXEMPT FROM
CEQA,AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER
APPROPRIATIONS IN FY 18/19,APPROVING AND ADOPTING PLANS AND
SPECIFICATIONS,AND AWARDING THE CONTRACT TO PIONEER
CONTRACTORS,INC.
WHEREAS, the Animal Shelter Roof and Siding Replacement Project No. 2015-22 and
2017-01 ("Project")will replace the failed roofing system and siding at the Animal Shelter,
replace the HVAC curbs and paint the exterior of the building; and,
WHEREAS,the City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section
3.04.020 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 3.6F
Contracts for Public Projects which defer to the Cost Accounting Policies and Procedures
Manual set forth under the California Uniform Public Contract Cost Accounting Act
(CUPCCAA) and the California Public Contract Code, an invitation to bid was advertised on
August 29, 2018 and published on August 31 and September 7, 2018 with the Community
Voice; and,
WHEREAS,the plans and specifications for the Project were designed by STRATA ap
of Sonoma, California; and,
WHEREAS, the sealed bids for the Project were publicly opened on September 21,
2018; and,
WHEREAS, Public Works staff reviewed the bids received for responsiveness and
determined that FRC, Inc. submitted the lowest cost bid; and,
WHEREAS, on September 25, 2018, FRC, Inc.,the apparent low bidder, submitted a
formal request to withdraw their bid; and,
WHEREAS, staff reviewed the bid withdrawal request and found that FRC, Inc. met the
requirements of Section 5103 of the Public Contract Code; and,
WHEREAS, Stronger Building Systems("SBS") was the third-low bidder for this
Project and submitted two letters to the City, one protesting low bidder FRC, Inc. and a second
protesting second low bid Pioneer Contractors, Inc.; and,
WHEREAS, after review of SBS bid protest letter, regarding Pioneer Contractors, Inc.'s
bid, the City denied SBS' bid protest relating to Pioneer Contractors, Inc.; and,
WHEREAS, staff has reviewed the bid proposal Pioneer Contractors, Inc. and that bid
was found to be responsible and responsive; and,
WHEREAS, all of the individual projects are funded through 2007R TAB Bond Funds
and Infrastructure Reserve Funds; and,
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WHEREAS, the exterior paint project had $40,000 in the Animal Shelter's operating
budget for FY 17/18; however, because the funds were not appropriated in FY 17/18, they were
returned to fund balance; and,
WHEREAS,the HVAC Replacement Project portion is underfunded by$13,500; and,
WHEREAS,the Siding Replacement Project portion has surplus funding of$41,300;
and,
WHEREAS,the Roof Replacement Project portion is underfunded by$85,000; and,
WHEREAS,the Exterior Paint is $29,000 and does not have a funding source; and
WHEREAS, staff recommends approving Bid Alternates A-1 and A-2, for a total of
$49,450; and
WHEREAS,when combined,the projects have an overall shortfall of$135,650; and,
WHEREAS,up to $500,000 of additional funding is available to be transferred into the
2007R TAB Bond Funds—Bond 3; and,
WHEREAS, staff recommends combining the siding, roof and exterior paint projects
into on"Animal Shelter Building Improvements"project title in the 2007R Bond Funds—Bond
3; and,
WHEREAS, $394,650 of the available $500,000 can be used to fund the Animal Shelter
Building Improvements Project and the HVAC Replacement Project shortfall; and,
WHEREAS,the non-spent portion of the Roof Replacement Project in Infrastructure
Reserve of$259,000 will remain in the Infrastructure Reserve funding for use on other projects;
and,
WHEREAS,the Animal Shelter Roof and Siding Replacement Project has been
identified by the City Council as an important Capital Improvement Project.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
Section 1. The above recitals are true and correct and material to this Resolution.
Section 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.
Section 3. The Project is categorically exempt from the requirements of the California
Environmental Quality Act("CEQA") pursuant CEQA Guidelines sections 15301 (Existing
Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regis. §§ 15301, 15302).
Section 4. The plans and specifications for the Animal Shelter Roof and Siding
Replacement Project No. 2015-22 and 2017-01 prepared by STRATA ap. are hereby approved
and adopted (on file at City Clerk's Office).
Section 5. In accordance with California Public Contract Code Section 20160 et seq. and
following any other applicable laws, the bids for the Project are accepted, and Pioneer
Contractors, Inc. is hereby found to be the lowest responsive and responsible bidder and any
irregularities in such bid are waived in accordance with applicable law.
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2018-139
Section 6. The City Manager is hereby authorized and directed to execute an agreement
between Pioneer Contractors, Inc. and the City of Rohnert Park for the Project in the amount of
Four Hundred Twenty-three Thousand Five Hundred Dollars ($423,500), which has been
prepared by the City and is attached hereto as Exhibit"A." The City Manager is hereby
authorized and directed to take all actions necessary to effectuate this agreement for and on
behalf of the City of Rohnert Park, including execution of the agreement in substantially similar
form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City
Manager or City Attorney.
Section 7. The City Manager is authorized to sign Contract Change Orders up to fifteen
percent(15%) ($63,525 for contingencies) of the construction contract award to allow for
unanticipated changes during construction.
Section 8. The Finance Director is authorized to appropriate 2007R TAB Bond 3 funding
among the Animal Shelter projects in the amount of$394,650.
Section 9. City staff is hereby directed to issue a Notice of Award to Pioneer Contractors,
Inc. for this project.
Section 10. This Resolution shall become effective immediately.
Section 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.
DULY AND REGULARLY ADOPTED this 13th day of November, 2018.
CITY OF ROHNERT PARK
Pam Stafford,Mayott
AT EST:
4L.11(4/kLe\
Caitlin Saldanha, Assi ant City Clerk
Attachment: Exhibit A
AIANOTU: BELFORTE: MACKENZIE: CALLINAN: STAFFORD: A J
AYES: (5 ) NOES: ( C)) ABSENT: ( 0 ) ABSTAIN: ( 0 )
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2018-139
Exhibit A to Resolution
CONTRACT
ANIMAL SHELTHER ROOF AND SIDING REPLACEMENT PROJECT
PROJECT NO.2015-22&2017-01
THIS AGREEMENT, made and entered into this day of , 2018, by and
between, Pioneer Contractors, 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 November 13, 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 190 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$500.00 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 Four Hundred Twenty-three Thousand Five
Hundred Dollars ($423,500).
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
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Exhibit A to Resolution
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,
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
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Exhibit A to Resolution
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 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
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Exhibit A to Resolution
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.
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
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Exhibit A to Resolution
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.
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Exhibit A to Resolution
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 necessar}
action has been taken by such Party to authorize the undersigned to execute this Contract and to bine
it to the performance of its obligations.
B. Assignment. Contractor may not assign this Contract without the prior writter
consent of City, which consent may be withheld in City's sole discretion since the experience anc
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 ora
or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this Contrac
will be valid unless made in writing and approved by Contractor and by the City Council or Cit)
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, wher
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 origina
signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of thi:
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Part}
of any breach of the provisions of this Contract will not constitute a waiver of any other provision,oa
a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Cit}
of any Work performed by Contractor will not constitute a waiver of any of the provisions of thi:
Contract.
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Exhibit A to Resolution
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 PIONEER CONTRACTORS,INC.
City Manager Date Name/Title Date
Per Resolution No adopted by the Rohnert Park
City Council at its meeting of November 13,2018
ATTEST: APPROVED AS TO FORM:
Assistant City Clerk City Attorney
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