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CC Resolution 13099 - Solicitation of Bids for the Building M Roof Replacement Project (CIP No. 24-SS) RESOLUTION NO. 13099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL 1) APPROVING THE PLANS AND SPECIFICATIONS, AND AUTHORIZING THE SOLICITATION OF BIDS, FOR THE CCC — BUILDING M ROOF REPLACEMENT PROJECT (NO. 24-SS); 2) APPROVING THE SUBSEQUENT AWARD OF A SERVICE CONTRACT TO THE LOWEST, RESPONSIVE BIDDER, IN AN AMOUNT NOT TO EXCEED $300,000, PLUS AN ADDITIONAL 20% CONSTRUCTION CONTINGENCY OF $60,000; 3) AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND 4) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS UP TO AND WITHIN THE ALLOCATED CONSTRUCTION CONTINGENCY. WHEREAS, since 1985, the City's Public Works Department — Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of various programs while ensuring the health and safety of staff and visitors alike; and WHEREAS, many of the Center's older infrastructure features are nearing the end of their expected useful life — including the roofs on several of the property's buildings and walkways; and WHEREAS, one of these is the Building M roof, which was installed approximately thirty years ago and supports one of the Center's largest buildings that hosts a variety of educational-based programs; and WHEREAS, between 2018 and 2023, Building M has required multiple patch repairs to address leaks caused by severe winter rainstorms, which in turn, have exposed a severe degradation of the roofing material and water damage throughout its substructure; and WHEREAS, these issues have indicated that the roof is no longer receptive to basic patch repairs and would require further investigation to identify a more long-term solution; and WHEREAS, in early 2021, the City hired an outside consultant firm, the Garland Company (Garland), to perform a roofing assessment on all City-owned buildings and structures—including those located at the Community Center; and WHEREAS, per Garland's inspection of the Building M roof, several deficiencies were identified and recommended for corrective action by 2022; and WHEREAS, based on the results from Garland's assessment, staff ultimately determined that the complete replacement of the Building M roof was a more feasible option as it reduced the need for frequent repairs and their long-term maintenance costs; and WHEREAS, in 2022, a Capital Improvement Project was created for the replacement of the Building M roof (CCC — Building M Roof Replacement Project, CIP Project No. 24-SS), with funding in the amount of$400k allocated to the project budget; and WHEREAS, in June 2023, the CCC — Building M Roof Replacement project was approved with the adoption of the City's annual CIP budget for FY 2023/2024; and WHEREAS, while developing the project's scope of work, staff determined that its implementation would require specific labor and equipment services from a specialized roofing contractor; and WHEREAS, when the project's construction specifications were finalized in December 2023, they included an advertisement to solicit bids from qualified contractors interested in providing these services; and WHEREAS, based on the proposed scope of work, staff estimates that the project will cost approximately $300,000 to complete; and WHEREAS, with sufficient funds available in the project's current CIP budget, staff is requesting that the City Council approve the plans and specifications for the CCC — Building M Roof Replacement project (No. 24-SS) and authorize staff to solicit bids (proposals) from qualified contractors; and WHEREAS, in accordance with the City's purchasing guidelines, staff will complete a comprehensive evaluation of the bids received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work; and WHEREAS, pending those bid results, staff is also requesting the City Council's approval to award a service contract to the lowest, responsive bidder, in an amount not to exceed $300,000, and an additional 20% construction contingency ($60,000) for any unforeseen work or services required during its implementation; and WHEREAS, staff requests that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100 and authorize the Public Works Director to negotiate and execute contract change orders up to and within this allocated construction contingency amount. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approve the plans and specifications, and authorize the solicitation of bids, for the Building M Roof Replacement project (No. 24-AA); 2) approve the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus an additional 20% construction contingency of$60,000; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorize the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount. BE IT FURTHER RESOLVED, should the lowest, responsive bidder propose a total contract amount that is less than the amount approved for award by the City Council at this time ($300,000), the contract services agreement will reflect the contractor's final award amount, with the construction contingency to be adjusted accordingly based on 20% of that final contract amount. PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote: AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Council Members: None ABSENT: Council Members: None APPROVED: Susan M. Lan , Mayor ATTEST1/ Andrea Sanders, Clerk CONTRACT BETWEEN CITY OF CAMPBELL AND CLEAN ROOFING FOR CONSTRUCTION OF CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT 24-SS THIS AGREEMENT, made and concluded in duplicate, this 20th, day of June 2024 by and between CLEAN ROOFING, 1445 KOLL CIRCLE, #109, SAN JOSE, CA 95112 (408)690-6500 hereinafter referred to as"CONTRACTOR",and the City of Campbell, a Municipal Corporation, hereinafter referred to as "CITY": ARTICLE I. VVITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by CITY, and under the conditions expressed in the two (2) bonds, bearing event date with these presents, and hereunto annexed, the CONTRACTOR agrees with the CITY,at his own proper cost and expense, to do all the work and furnish all plant,labor,services,tools,equipment,supplies,transportation,utilities,and materials, except such as are mentioned in the Specifications to be furnished by the CITY, necessary to construct and complete to the satisfaction of the City Engineer, in accordance with this Contract, the Notice Inviting Bids,the accepted Bid Proposal,the Plans, the Special Provisions,the City of Campbell Standard Specifications and Details for Public Works Construction dated July 1994, and by reference therein to the City of San Jose Standard Specifications, the City of San Jose Standard Details,the State Standard Specifications,the State Standard Plans, and the Equipment Rental Rates of the California Department of Transportation and the General Prevailing Wage Rates, each of which documents are on file in the office of the City Clerk and all of which are hereby specifically referred to and by such reference made a part hereof. The work to be done is shown upon the project plans and specifications entitled, CAMPBELL COMMUNITY CENTER BUIL1NG M ROOF REPLACEMENT, PROJECT 24-SS, which said project plans, specifications, and referenced specifications are hereby made a part of this Contract. ARTICLE II. The CITY hereby promises and agrees with the CONTRACTOR to employ, and does hereby employ, the CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to,for the price aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions herein set forth; and the CITY and the CONTRACTOR, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE III. The CONTRACTOR agrees to receive and accept the prices indicated in the Contractor's signed proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid,or from the action of the elements,or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY, and for all risks connected with the work; also for ail expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer, and also for furnishing the required bonds and insurance, and for doing all other ' things mantiomed, contemplated orembraced in this ogmaannmot and the contract documents. ARTICLE i\( In accordance with the provisions of Section 3700 of the Labor Code. the 'Contractor will be required to secure the payment of worker's compensation to his employees. ARTICLE V. By my signature hereunder, as CONTRACTOR. | certify that \ am aware o[the provisions of Section 3700 of the Labor Code 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 pn»dsiuns before commencing the performance of the work of this Contract. ARTICLE V1. The improvement contemplated in the performance of this Contract is an improvement over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and direct control over this Contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States orthe State of California sorequires. ARTICLE \/i|. The general prevailing wage rates mo heretofore specified, and any minimum wage rates indicated in the Gpe'jo{ Provisions are hereby specifically referred to and by this reference are made a part of this Contract. It,is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of CONTRACTOR, then this instrument shall control and nothing herein oheU be considered as an acceptance of said terms of said Proposal conflicting herewith. ARTICLE\8l|. Contractor ahsd| be responsible for complying with the provisions of California Labor Code Section 1771.1(a) which states: A contractor ur subcontractor shall not bequalified to bid on. be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unk*mu currently registered and qualified to perform public work pursuant to Geobom 1735.5.It is not a violation of this section for an unregistered contractor to submit m bid that is authorized bySection 7029.1 of the Business and Professions Code mrhySection 10164wr 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1T25.6at the time the contract ieawarded. ARTICLE |X. Contractor and any subcontractors under the Constructor shall comply with Section 1775of the California Labor Code regarding prevailing wages, ARTICLE X. Contractor shall be responsible for complying with the provisions of Secbpn177G of the California Labor Code concerning payroll records,as more specifically described in Section 7-1.O1A(3) nfthe City nf San Jose Standard Specifications. ARTICLE X|. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, <noiuoiva, concerning apprentinee, as more specifically described in Section 7-1.01A(5) of the City of San Jose Standard Specifications. ARTICLE X|{' Contractor shall be responsible for complying with the provisions of California Labor Coda Sections 1810 through 1815. ino|umive, concerning working hours, as more specifically described in Section 7-1.01A(l) of the City of San Jose Standard Specifications. ARTICLE X|U. Contractor's attention is directed to Section 7'1.01E of the City of San Juam Standard GpecifioaUooa. regarding trench excavation. ARTICLE XIV. In accordance with Section 8-1.07 of the City of San Jose Standard Specifications,the sum of Three Thousand Six Hundred Dollars and Zero Cents($3,600.00)will be assessed as liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed. Liquidated damages for non-compliance with the requirements in Section 8 "Prosecution & Progress", and under Section 10-2 "Traffic Control and Public Safety". The City further agrees that the Contractor shall not be assessed liquidated damages for delay in completion of the proiect, when such delay was caused by the failure of the City or the owner of the utility to move or relocate such utility facilities as set forth in California Government Code Section 4215. ARTICLE XV. Contractor shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavations that extend deeper than four(4) feet below the surface. No change order issued pursuant to California Public Contracts Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to Section 7 of the Special Provisions. ARTICLE XVI. The City of Campbell shall notify Contractor of the receipt of any third-party claim relating to this contract within 30 days of receipt. The City of Campbell may recover its reasonable costs incurred in providing such notification, pursuant to subdivision (c) of Public Contract Code Section 9201. Notwithstanding this notification provision, the City of Campbell reserves its full authority to compromise or otherwise settle any claim relating to this contract at any time. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written and having fully read and understood the terms and conditions of this contract, acknowledge their agreement to be bound thereby. CONTRACTOR _Miuthaimpt Title: President (Attach Contractors Notary Acknowledgment) CITY OF CAMPBELL By: Title: '''KU.:3••t-AC— N,--)- ecfo --"- ATTEST: Aliodtezz,Sa.e.664,1 Andrea Sanders, City Clerk E ' CO ' ,TRACT FOR BLDG M ROOFING PROJECT 24SS 2024 06 21 r Final Audit Report 2024-06-20 Created: 2024-06-20 ; . i Ely; Rebekah Rodriguez(rebekehr@campbelica.gov) Status: Signed Transaction ID: CSJCHBCAAE3AAEOtid6V501GHDw3Dkdr1d6A9yJezhE3W . : "CONTRACT FOR BLDG M ROOFING'PROJECT 24SS 2024-0 6-21 " History 7_1 Document created by Rebekah Rodriguez(rebekahr©campbellca.gov) 2024-06-20-9:58:33 PM GMT Document emailed to Micah Johnson(micahj@cleanroofing.com)for signature 2024-06-20-9:58.36 PM GMT 1'71 Email viewed by Micah Johnson(micahj©cieanroofing.com) 2024-06-20-10:07:24 PM GMT ,',.) Document e-signed by Micah Johnson(micahj©cleanroofing.com) Signature Date:2024-06-20-10:07:40 PM GMT-lime Source:server i . 0 Agreement completed. 11 2024-06-20-10:07:40 PM GMT ; r i r ) , ti 1 1 i t ( t , 4 i irAil Adobe Acrobat Sign ; ; roofin project contract it Roofing Final Audit Report 2024-06-26 Created: 2024-06-26 ' • By: Rebekah Rodriguez(rebekahr@campbeilca.gov) 44. Status: Signed d Transaction ID: CBJCHBCAABAAgviyfc8fk9Hv4AB94My2UxzPP8BJcyFO "Bldg M roofing project contract with Clean Roofing" History Document created by Rebekah Rodriguez(rebekahr@campbelica.gov) 2024-06-26-8:15:57 PM GMT Document emailed to Andrea.Sanders(asanders@campbellca.gov)for signature 2024-06-26-8:16:06 PM GMT Email viewed by Andrea Sanders(asanders@campbellca.gov) 2024-06-26-8:17:50 PM GMT x Document e-signed by Andrea Sanders(asanders@campbelica.gov) Signature Date:2024-06-26-8:42:59 PM GMT-Time Source:server Agreement completed. 2024-06-26-8:42:59 PM GMT 1 F C J. Adobe Acrobat Sign MEMORANDUM =� City of Campbell r`1r Public Works/Service Center P L •0RCH ARC• To: Andrea Sanders Date: 06/26/2024 City Clerk From: Rebekah Rodriguez Executive Assistant Subject: Campbell Community Center Building M Roof Replacement Project Attached is an original Contract Service Agreement for the Campbell Community Center Bldg. M Roof Replacement Project. This project was awarded to Clean Roofing for the contract for roof replacement at the Campbell Community Center Bldg. M and the Public Works Director will execute the agreement to have the work performed by Clean Roofing. • https://cityofcampbell.sharepoint.com/sites/PublicWorks/Shared Documents/Service/Service Center Files/I 300 Projects_Contracts/FY 2023- 24/CCC ROOF PROJECTS(CIP PROJECTS)/BLDG.M/Contract Memo to City Clerk 2024-06-26.doc