2025/10/28 City Council Resolution 2025-076 Docusign Envelope ID:CB4E9F64-AAF7-479B-A5B8-7BE506D2F88D
RESOLUTION NO. 2025-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FOR THE BUILDING ACCESS CONTROL SYSTEM REPLACEMENT PROJECT NO.
2021-03 APPROVING THE PLANS AND SPECIFICATIONS,AWARDING THE
CONSTRUCTION CONTRACT TO FIRST ALARM IN THE AMOUNT OF$412,730,
AUTHORIZING THE CITY MANAGER TO APPROVE UP TO $61,909.50 (15%) IN
CONSTRUCTION CONTRACT CHANGE ORDERS,APPROVING A BUDGET
AMENDMENT IN THE AMOUNT OF$220,000,AND FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTIONS 15301 (EXISTING FACILITIES)
AND 15302 (REPLACEMENT OR RECONSTRUCTION) (14 CAL. CODE REGS. §§
15301 AND 15302)
WHEREAS;the City's building security access control system is a legacy/proprietary
system that has reached the end of its service life and is currently failing with no means of repair
or replacement;
WHEREAS, in Fiscal Year 2020-2021 the Building Access Control System
Replacement Project CIP2103 (Project)was identified to replace the access control system at
five(5)essential City facilities; City Hall, Public Works, West Side Fire Station No.3, Public
Safety Main, and the Senior Center Annex Server Room; and
WHEREAS, the plans and specifications for the Project were prepared by Triad
Consulting & Design System Group, LLC, and approved by the Acting City Engineer; and
WHEREAS, consistent with the Public Contract Code, an Invitation for Bids was posted
on August 13, 2025 and published on August 15, 2025 and August 22, 2025 for the Project; and
WHEREAS, one (1) sealed bid was received at the bid opening on September 24, 2025,
and was publicly opened; and
WHEREAS, Public Works staff reviewed the bid and determined First Alarm submitted
the lowest responsive and responsible bid in the amount of$412,730; and
WHEREAS,the original Project budget is$362,000 and is funded by F2110 IT Fund;and
WHEREAS, there is insufficient funding in the Project to proceed with award of the
construction contract to First Alarm including a 15%contingency; and
WHEREAS, staff recommends that the City Council authorize the Finance Director to
execute budget amendments in the amount of $220,000 from General Fund, Fund Balance
Assigned for Infrastructure, that would transfer funds to the Capital Improvement Fund F7109,
and appropriate the additional funds to the Project CIP2103 to fund the shortfall needed to proceed
with construction of the Project.
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.
2. The City Council finds that the Project is categorically exempt from the requirements of
Docusign Envelope ID:CB4E9F64-AAF7-479B-A5B8-7BE506D2F88D
the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines
sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction), (14 Cal.
Code Regs. §§ 15301, 15302), and directs staff to file a notice of exemption with the
Sonoma County Clerk—Recorder.
3. The plans and specifications for the Project, on file with the City Clerk, are hereby
approved and adopted.
4. The Finance Director is hereby authorized to appropriate funds and approve budget
amendments in the amount of $220,000 General Fund, Fund Balance Assigned for
Infrastructure, that would transfer funds to the Capital Improvement Fund F7109, and
appropriate the additional funds to Project CIP2103 to fund the shortfall needed to proceed
with construction of the Project.
5. 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.
6. 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 First
Alarm for the Project to be the lowest, responsive bid and waives any irregularities in such
bid in accordance with applicable law.
7. The City Manager is hereby authorized and directed to execute the contract with First
Alarm in substantially similar form to Exhibit A,which is attached hereto and incorporated
by this reference,for the sum of four hundred twelve thousand,seven hundred thirty dollars
and no cents ($412,730.00) for construction of the Project in accordance with the bid
documents and applicable law upon submission by First Alarm of all documents required
pursuant to the Project bid documents.
8. The City Manager is hereby authorized to approve up to $61,909.50 (15%) in construction
contract change orders.
9. City staff is hereby directed to issue a Notice of Award to First Alarm, for this Project.
BE IT FURTHER RESOLVED that the City Manager, or her designee is authorized
and directed to execute documents pertaining to same for and on behalf of the City of Rohnert
Park.
BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to
make all budget amendments to accounts necessary to carry out this action.
DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK ON this 28th day of October, 2025.
CITY OF ROHNERT PARK
r—Signed by:
ATTEST: Ger .rct MiliEeMayor LSigned by:
S E36 Uevas, City Clerk
Resolution 2025-076
Page 2 of 3
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APPROVED AS TO FORM:
Signed by:
MklieFB 9R9 &hyon, City Attorney
Attachments: Exhibit A
ADAMS: Aye ELWARD: Aye RODRIGUEZ:Absent SANBORN: Aye GIUDICE: Aye
AYES: ( 4 ) NOES: ( 0 ) ABSENT: ( 1 ) ABSTAIN: ( 0 )
Resolution 2025-076
Page 3 of 3
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C O N T R A C T
BUILDING ACCESS CONTROL SYSTEM REPLACEMENT
PROJECT NO. 2021-03
THIS AGREEMENT is made and entered into this 28th day of October, 2025, by and between
First Alarm, (“Contractor”) License No. 430530, DIR No. 1000025780, DIR Expiration Date June
30, 2027, 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 <<MONTH DAY, YEAR>>, 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.
2. 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 one hundred (100) 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, one hundred fifty-six dollars and no cents
($1,156.00) 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:
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 four thousand
twelve hundred, seven hundred thirty dollars and no cents ($412,730.00).
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”):
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1) This Agreement
2) Notice Inviting Sealed Proposals
3) Instruction and Information to Bidders
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 Wages:
A. Copies of the general prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Contract, as determined by Director of the
State of California Department of Industrial Relations, are on file at the City’s Public Works
Department and may be obtained from the California DIR website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].
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)
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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.
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.
8. Apprentices:
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.
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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/DASForm140.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 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/DASForm142.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.
9. 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:
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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.
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
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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.
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.
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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 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.
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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 FIRST ALARM
____________________________________
Marcela Piedra, City Manager Date Name:_______________________ Date
Per Resolution No. 2025-_________ adopted by the Rohnert Park
City Council at its meeting of October 28, 2025. Title: ________________________
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney