2022/07/26 City Council Resolution 2022-085 RESOLUTION NO. 2022-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AWARDING THE CONSTRUCTION CONTRACT FOR THE LABATH LANDING
VEHICLE ACCESS AND TRASH ENCLOSURE PROJECT (PROJECT 2021-07) TO
MORGAN CREEK IN THE AMOUNT OF $333,460, APPLYING MITIGATION
MEASURES FROM PREVIOUSLY ADOPTED MITIGATION MONITORING &
REPORTING PROGRAMS FOR THE STADIUM MASTER PLAN AND THE
RESIDENCES AT FIVE CREEK AND CITY PUBLIC SAFETY PROJECT AND
DETERMINING THE PROJECT REQUIRES NO FURTHER ENVIRONMENTAL
REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15612, APPROVING THE
PLANS AND SPECIFICATIONS, AUTHORIZING APPROVAL OF UP TO 15% IN
CONTRACT CHANGE ORDERS AND AUTHORIZING A BUDGET AMENDMENT
WHEREAS, the City of Rohnert Park(City) and its partners, HomeFirst Services of
Santa Clara County and Dignity Moves, have received a Project Homekey grant from the state
Department of Housing and Community Development (HCD)to construct and operate a 60-unit
interim supportive housing project (Labath Landing) on Labath Avenue in the Stadium Lands
Master Plan Area; and
WHEREAS, on September 28, 2021, the City Council adopted Resolution 21-107
authorizing a$185,250 appropriation from the Affordable Housing Residential Fee Fund to cover
the City's initial costs associated with supporting the Labath Landing project; and
WHEREAS,the City's costs include staff time, legal services, site environmental
review, project permitting and coordination, construction of an Emergency Vehicle Access
(EVA) and Trash Enclosure Project and establishment of a permit parking program in the
neighborhood around Labath Landing; and
WHEREAS the City has designed and bid the Labath Landing Emergency Vehicle
Access (EVA) Road and Trash Enclosure Project No. 2021-07 ("Project") to provide emergency
vehicle access and a trash bin enclosure adjacent to the Labath Landing development; and,
WHEREAS, the City of Rohnert Park has elected to be subject to the California Uniform
Public Contract Cost Accounting Act(CUPCCAA); and,
WHEREAS, the engineer's estimate for the Project was between $265,000 and
$292,000, the project was formally bid and one bid was received from Morgan Creek
Construction, Inc. in the amount of$333,460; and,
WHEREAS, Public Works staff reviewed the bid and found it to be responsive and
responsible; and
WHEREAS,the City's total costs are anticpated to be $727,923, including all staff time,
legal services, site environmental review, permitting and coordination, construction contract and
contingency; and
WHEREAS,the City's Fiscal Year 22-23 adopted budget includes appropriations of
$285,000 from the Affordable Linkage Fee Fund (Fund 4225) and $400,000 from the Affordable
Housing Residential Fee Fund (Fund 4230), intended to support the City's ongoing costs
associated with Labath Landing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the following:
1. The above recitals are true and correct and material to this Resolution.
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. In accordance with CEQA Guildinges Section 15162, no further environmental review
for the Labath Landing EVA Road and Trash Enclosure Project No. 2021-07 is required
as the project was previously analyzed under the Stadium Area Master Plan ( SAMP),
Final Environmental Impact Report( EIR), SCH No. 2005042111, and a subsequent
Initial Study and Mitigated Negative Declaration for the Residences at Five Creek Project
(adopted January 10, 2017) which together adequately analyzed the potential
environmental impacts of development in the Stadium Lands Master Plan/Five Creek
Planned Development Area including infrastructure upgrades to support it. No substantial
changes to the Project or its circumstances have occurred, and no new information of
substantial importance with respect to the Project has arisen, that would trigger a need for
further environmental review.
4. The City Council hereby imposes the mitigation measures from the adopted Mitigation
Monitoring& Reporting Program from the Residences at Five Creek and City Public
Safety Project, and the mitigation measures from the adopted Mitigation Monitoring&
Reporting Program from the Stadium Master Plan onto the Labath Landing EVA Road
and Trash Enclosure Project, which shall be incorporated into the construction
specifications for the Labath Landing EVA Road and Trash Enclosure Project unless
already satisfied.
5. The plans and specifications for the Labath Landing EVA Road and Trash Enclosure
Project No. 2021-07, on file at City Clerk's Office, are hereby approved and adopted.
6. 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.
7. In accordance with California Public Contract Code Section and any other applicable
laws, the City Council of the City of Rohnert Park hereby finds the bid of Morgan Creek
Construction, Inc. for the Project to be the lowest, responsive, responsible bid and waives
any irregularities in such bid in accordance with applicable law.
8. The Assistant City Manager is hereby authorized and directed to execute the contract with
Morgan Creek Construction in substantially similar form to Exhibit A, which is attached
hereto and incorporated by this reference, for the sum of three hundred thirty-three
thousand, four hundred sixty dollars and zero cents ($333,460.00) for construction of the
project in accordance with the bid documents and applicable law upon submission by
Morgan Creek Construction of all documents required pursuant to the project bid
documents.
9. The Assistant City Manager is authorized to sign Contract Change Orders up to fifteen
percent(15%) of the construction contract award amount.
10. The Finance Department is authorized to take the actions necessary to allow budgeted
appropriations in the Affordable Housing Residential Fee Fund and Affordable Linkage
Resolution 2022-085
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Fee Fund to be used to fund the Labath Landing EVA Road and Trash Enclosure Project
No. 2021-07 up to the approved appropriations of$685,000, with the Affordable Linkage
Fee Fund appropriations to be used first.
11. City staff is hereby directed to issue a Notice of Award to Morgan Creek Construction,
Inc. for this project.
12. This Resolution shall become effective immediately.
13. 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 26th day of July, 2022.
CITY OF ROHNERT PARK
•
S..- antha Rod ez, Vice Mayor
ATTEST:
Elizabeth Machado, Assistant City Clerk t— =,
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Resolution 2022-085
3
Page 1
C O N T R A C T
LABATH LANDING EMERGENCY VEHICLE ACCESS & TRASH ENCLOSURE
PROJECT NO. 2021-07
THIS AGREEMENT, made and entered into this _____ day of______________, 2022, by and
between Morgan Creek Construction, Inc., hereinafter called "Contractor", and the City of Rohnert Park,
hereinafter called "City".
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 July 26, 2022, 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 42 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 three thousand two hundred dollars ($3,200) 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 Three Hundred Thirty-three Thousand,
Four Hundred Sixty Dollars ($333,460).
4. Component Parts and Interpretation: This contract must consist of the following
documents, each of which is on file in the office of the City Clerk and all of which are incorporated
herein and made a part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
c) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments and certifications
e) Performance Bond
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f) Payment 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
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
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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.
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.
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
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1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. .
9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which
reads as follows:
"A contractor must not discriminate in the employment of persons upon public
works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code. Every contractor for public
works who violates this section is subject to all the penalties imposed for a violation of this
chapter. "
10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5,
Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required
to secure the payment of compensation to his employees and must for that purpose obtain and keep in
effect adequate Workmen's Compensation Insurance.
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 (including without
limitation California Civil Code Section 2782), 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 sole negligence, intentional misconduct or 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
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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
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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
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a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City
of any Work performed by Contractor will not constitute a waiver of any of the provisions of this
Contract.
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review this
Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance
with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Contract will not be affected and the Contract will be read and construed without
the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial courts
will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in
the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed
by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year
first above written.
CITY OF ROHNERT PARK MORGAN CREEK CONSTRUCTION, INC
____________________________________
Don Schwartz, Assistant City Manager Date Name/Title Date
Per Resolution No. _________adopted by the Rohnert Park
City Council at its meeting of July 26, 2022
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney