HomeMy WebLinkAbout2025/05/27 City Council Resolution 2025-032RESOLUTION NO.2025-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FINDING THE KEISER AVENUE RECONSTRUCTION PROJECT — PHASE 3
(CIP1718) CONSISTENT WITH THE UNIVERSITY DISTRICT SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT, APPROVE THE PLANS AND
SPECIFICATIONS, AWARD THE CONSTRUCTION CONTRACT TO GHILOTTI
CONSTRUCTION COMPANY FOR $2,656,172, APPROVE CHANGE ORDER
AUTHORITY OF $265,617 (10%), AND AUTHORIZE A BUDGET AMENDMENT TO
TRANSFER $3,400,631 FROM THE KEISER/SNYDER INTERSECTION
IMPROVEMENT PROJECT (CIP2201) TO THE KEISER AVENUE
RECONSTRUCTION — PHASE 3 PROJECT (CIP1718)
WHEREAS, the Development Agreement by and between the City and the University
District LLC (Brookfield Homes) and Vast Oaks L.P. (University District Developer) requires
the Developer to perform improvements to Snyder Lane near Keiser Avenue, or fund the City to
perform the project; and
WHEREAS, the Keiser Avenue Reconstruction Project — Phase 3, CIP1718 (Project)
includes the installation of a new water main pipe, new storm drain pipe, bioretention areas,
planting areas, curb and gutter, sidewalk, pedestrian access ramps, asphalt concrete paving, new
traffic signal, modifications to an existing traffic signal, pavement striping and markings,
restoration of pavement surface improvements, and widening of Snyder Lane to two travel lanes
in each direction; and
WHEREAS, the Keiser Avenue Project was included in the 2006 Program
Environmental Impact Report for the University District and subsequent addenda (University
District EIR); and
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, the plans and specifications for the Project were prepared by a City
consultant, and reviewed by Public Works 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 the City's bidding requirements, an invitation for bids was
posted on March 25, 2025 and published on March 28, 2025 and April 4, 2025, for the project;
and
WHEREAS, four sealed bids were received on the bid opening date of April 24, 2025
and were publicly opened; and
WHEREAS, Public Works staff reviewed the bids and determined that Ghilotti
Construction Company submitted the lowest responsive and responsible bid with an amount of
$2,656,172; and
WHEREAS, the City's approved Capital Improvement Program includes the Keiser
Avenue Reconstruction Project — Phase 3 with funding identified from developer fees and
enterprise fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve as follows:
1. The above recitals are true and correct and material to this Resolution. 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.
2. The Keiser Avenue Reconstruction Project — Phase 3 CIP 1718 has been analyzed in the
University District EIR, and the City Council determines that the project is consistent
with the University District EIR and will not have any project -specific significant effects,
and approves the Keiser Avenue Reconstruction Project — Phase 3 UDSP EIR
Consistency Review document on file with City Clerk.
3. The plans and specifications for the Keiser Avenue Reconstruction — Phase 3 Project, on
file with the City Clerk, are hereby approved and adopted.
4. In accordance with California Public Contract Code Section 20162 and any other
applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of
Ghilotti Construction Company for the Project to be the lowest, responsive and
responsible 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 Ghilotti
Construction Company, in substantially similar form to Exhibit A, which is attached
hereto and incorporated by this reference, for the sum of two million six hundred fifty six
thousand one hundred seventy two dollars and zero cents ($2,656,172) for construction of
the Project in accordance with the bid documents and applicable law upon submission by
Ghilotti Construction Company of all documents required pursuant to the Project bid
documents.
6. City Manager change order authority of up to $265,617 (10%) is hereby approved.
7. The Finance Director is hereby authorized to transfer $3,400,631 from the Keiser/Snyder
Intersection Improvement Project (CIP2201) to the Keiser Avenue Reconstruction —
Phase 3 Project (CIP1718).
8. City staff is hereby directed to issue a Notice of Award to Ghilotti Construction Company
for this Project.
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 sections, subsections, clauses, sentences, phrases
or other portions may be held invalid or unconstitutional.
Resolution 2025-032
Page 2 of 3
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK ON this 27`" day of May, 2025.
CITY G"OHNERT PARK
ATTEST: (S4064j�, Mayor
Elizabe h Macha o,'Assistant City Clerk -�
PROVED TO FORM: _
M. K Yn,-City Attorney
Attachments: Exhibit A
ADAMS: J�SAZ ELWARD: PO-4e_ RODRIGUEZ: !924e-SANBORN: GIUDICE:
AYES: ( rj ) NOES: ( 5e> ) ABSENT: ( q5 ) ABSTAIN: ( g )
Resolution 2025-032
Page 3 of 3
For attachments to Resolution 2025-032
please see laserfiche.
CONTRACT
KEISER AVENUE RECONSTRUCTION PROJECT - PHASE 3
PROJECT NO. 2017-18
THIS AGREEMENT is made and entered into this 27th day of May, 2025, by and between Ghilotti
Construction Company, Inc., ("Contractor") License No. 644515, DIR No. 1000003044, DIR Expiration
Date June 30, 2025, and the City of Rohnert Park, ("City") ("Agreement").
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: 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 27, 2025 the items and quantities of which are more particularly set forth in Contractor's
bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth
in Contractor's bid and for which Contractor retains responsibility.
Time of Performance and Liquidated Damages:
A. 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 150
working days of that Notice. 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.
B. In the event Contractor does not complete the work within the time limit so specified
or within such further time as said City Council must have authorized, Contractor must pay to City liquidated
damages in the amount of One thousand fifty-five dollars ($1,055) 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:
A. City will pay 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.
B. The award of the contract is for a total amount not to exceed Two Million Six Hundred
Fifty -Six Thousand One Hundred Seventy -Two Dollars and No Cents ($2,656,172.00).
4. Component Parts and Interpretation:
A. This contract consists 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
("Contract Documents"):
1) This Agreement
2) Notice Inviting Sealed Proposals
3) Instruction and Information to Bidders
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4) Accepted Proposal, with all attachments and certifications
5)
Performance Bond
6)
Payment Bond
7)
Special Provisions
8)
Standard Specifications
9)
Technical specifications
10)
Design Standards
11) Plans, Profiles and Detailed Drawings
B. In the event of conflict between these documents, the following order of precedence
will govern: this Agreement; change orders; supplemental agreements and approved revisions to plans
and specifications; special conditions; standard specifications; detail plans; general plans; standard plans;
and reference specifications. In the absence of a controlling or contrary provision in the foregoing, the
Standard Specifications (2022 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 Wakes:
A. 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.
B. 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
Sec. 1773.2.)
C. Contractor, and any subcontractor Contractor may engage may pay not less than
the specified prevailing rate of per diem wages to all workers employed in the execution of the Agreement.
(Labor Code § 1774.) Contractor is responsible for compliance with Labor Code Section 1776 relative to
the retention and inspection of payroll records.
D. Contractor must comply with all provisions of Labor Code section 1775. Under
Section 1775, Contractor may forfeit as a penalty to City up to two hundred dollars ($200) for each worker
Contractor or any subcontractor employs in the execution of the Contract 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.
E. With each application for payment, Contractor shall also deliver certified payrolls
to the City 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.
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F. 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 et. seq.).
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 twenty-five dollars ($25) 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 (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Labor Code Section 1810.
Apprcltticcs:
A. Contractor and any subcontractor under him must comply with the requirements of
Labor Code Sections 1777.5 and 1777.6. Section 1777.5, as amended, requires Contractor or any
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:
1) When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for
certificate, or
2) When the number of apprentices in training in that area exceeds a ratio of one
(1) to five (5), or
3) When the trade can show that it is replacing at least one -thirtieth (1/30) of its
membership through apprenticeship training on an annual basis statewide or locally, or
4) 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
5) When Contractor provides evidence that he employs registered apprentices on
all of his contracts on an annual average of not less than one (1) apprentice to eight (8) journeymen.
B. Contractor is required to make contributions to funds established for the
administration of an 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.
C. Contractor is responsible for making training fund contributions in the amount
established in the prevailing wage rate — either to the applicable apprenticeship committee, or the California
Apprenticeship Council ("CAC").
D. Contractor is required to submit contract award information for each craft required on
the Project using the appropriate form prepared by the Division of Apprenticeship Standards ("DAS") within
the California Department of Industrial Relations ("DIR")—currently the "DAS 140 form." A copy of the
current DAS 140 form is available at https://www.dir.ca.gov/DAS/DASFonnl40.pdf . If Contractor is
approved to train apprentices, Contractor must send the required information to its apprenticeship committee.
If Contractor is not approved to train apprentices, Contractor must send the information to all apprenticeship
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committees that can supply apprentices to the site of the public works project.
E. Contractor is required to contact the applicable apprenticeship committee to request
apprentices for each craft or trade on the Project using the appropriate form DIR, currently the DAS 142 form.
A copy of the current DAS 142 form is available at https://www.dir.ca.gov/DAS/DASForm 142.pdf . The
form must be submitted at least three business days before apprentices are required.
F. 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.
Labor Discrimination: Labor Code Section 1735 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. Workers' Compensation Insurance:
A. In accordance with the provisions of Labor Code Article 5, Chapter 1, Part 7, Division
2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700),
Contractor is required to secure the payment of compensation to his employees and must for that purpose
obtain and keep in effect adequate Worker's Compensation Insurance.
B. Contractor is aware of the provisions of Labor Code Section 3700 which requires
every employer to be insured against liability for workers' 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 Agreement.
11. Indemnity and Insurance:
A. 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.
B. 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.
C. 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.
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12. City Right of Termination and Right to Complete the Work.
A. 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:
1) 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.
2) Contractor fails to complete the Work on time.
3) 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.
4) Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
5) Contractor fails to make prompt payment to any subcontractor or for
material or labor.
6) Contractor fails to abide by any applicable laws, ordinances or instructions
of City in performing the Work.
7) Contractor breaches or fails to perform any obligation or duty under the
Contract.
B. Upon the occurrence of a default by Contractor, City 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.
C. In the 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 (5) days after service of the notice of
termination or does not commence performance within ten (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.
D. 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:
A. 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.
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B. Securities eligible for substitution under this section must include those listed in the
Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. Contractor must
be the beneficial owner of any securities substituted for moneys withheld and must receive any interest
thereon.
C. Alternatively, Contractor may request and the City shall make payment of
retentions earned directly to the escrow agent at the expense of the Contractor. At Contractor's expense,
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 Agreement, 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.
D. Any escrow agreement entered into pursuant to this section must contain as a
minimum the following provisions:
1) The amount of securities to be deposited;
2) The terms and conditions of conversion to cash in case of the default of the
Contractor; and
3) 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 Agreement and to bind it to the
performance of its obligations.
B. Assignment. Contractor may not assign this Agreement 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 Agreement.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the parties.
D. Integrated Contract. This Agreement, 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 Agreement and supersedes all other agreements or understandings, whether oral or written,
between Contractor and City prior to the execution of this Agreement.
E. Modification of Contract. No amendment to or modification of this Agreement will
be valid unless made in writing and approved by Contractor and by the City Council, City Manager or
Assistant 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 Agreement 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 Agreement 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 Agreement
will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach
of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any
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subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Work
performed by Contractor will not constitute a waiver of any of the provisions of this Agreement.
H. Interpretation. This Agreement 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 Agreement 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 Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement will not be affected, and the Agreement 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
Marcela Piedra, City Manager Date
Per Resolution No - adopted by the Rohnert Park
City Council at its meeting of .2025.
ATTEST:
GHILOTTI CONSTRUCTION
COMPANY, INC.
Brim D»an; s 05/20/2025
Brian Ongaro Date
President
APPROVED AS TO FORM:
City Clerk City Attorney
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Rohnert Park City Project No. 2017-18 Page 7
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Contract —Keiser Avenue Reconstruction Project
- Phase 3 1718 r1
Final Audit Report 2025-05-20
Created: 2025-05-16
By: Nikki Ritchie (nritchie@rpcity.org)
Status: Signed
Transaction ID: CBJCHBCAABAALmIJPLclidc7aLeiRAhZVtB01DnyJHHk
"Contract_ Keiser Avenue Reconstruction Project - Phase 3_171
8_r1" History
Document created by Nikki Ritchie (nritchie@rpcity.org)
2025-05-16 - 10:12:31 PM GMT
Document emailed to Brian Ongaro (brian@ghilotti.com) for signature
2025-05-16 - 10:12:35 PM GMT
Email viewed by Brian Ongaro (brian@ghilotti.com)
2025-05-20 - 2:22:20 PM GMT
Document e-signed by Brian Ongaro (brian@ghilotti.com)
Signature Date: 2025-05-20 - 2:23:17 PM GMT - Time Source: server
Agreement completed.
2025-05-20 - 2:23:17 PM GMT
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