CC Resolution 13208 - Solicitation of Bids for the City Facilities Roof Replacement Project (No. 24-TT) RESOLUTION NO. 13208
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
CITY FACILITIES ROOF REPLACEMENT PROJECT (NO. 24-TT) AND ITS IMPLEMENTATION
DURING FY 2025; 2) APPROVING THE SUBSEQUENT AWARD OF A SERVICE CONTRACT
TO THE LOWEST, RESPONSIVE BIDDER, IN AN AMOUNT NOT TO EXCEED $335,000, PLUS
AN ADDITIONAL 12% CONSTRUCTION CONTINGENCY OF $40,000; 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, the City of Campbell owns a total of thirty-six buildings and structures that are
maintained and operated by the Public Works Department Maintenance Division to meet the diverse
needs of various programs and services available to members of the community; and
WHEREAS, many of the buildings in the City's inventory are older in age — requiring frequent and
costly repairs to address issues associated with their aging infrastructure and outdated roofing
components; and
WHEREAS, with regard to the roofs located at the Campbell Community Center, most were installed
or previously replaced more than thirty years ago, and have required frequent and costly repairs in
response to weather-related events or issues caused by prolonged exposure to the elements; and
WHEREAS, separate assessments performed by Garland and Gordian (in 2021 and 2023,
respectively) have provided information instrumental in prioritizing the City's roofing needs and
assisting staff with developing improvement projects based on their current conditions and severity
of issues identified; and
WHEREAS, staff has determined that the complete replacement for many of these roofs was the
more feasible option as it reduced the need for more frequent repairs and their long-term
maintenance costs; and
WHEREAS, in 2022, staff created a CIP project (City Facilities Roof Replacement Project, CIP
Project No. 24-TT), to replace the roofs for various buildings over a five-year period with an allocation
of funds programmed in each fiscal year to cover the costs of their implementation; and
WHEREAS, in June 2023, the City Facilities Roof Replacement Project was approved with the
adoption of the City's annual CIP budget for FY 2024; and
WHEREAS, in July 2024, the City Council approved an allocation of $375k in remaining American
Rescue Plan Act (ARPA) funds to the City's Capital Improvement Reserve to fund the Facilities Roof
Replacement Project as programmed in the City's approved CIP for FY 2025; and
WHEREAS, staff has identified Campbell Community Center Buildings D and H to be implemented
for FY 2025 of the City Facilities Roof Replacement Project; and
WHEREAS, based on the proposed scope of work, staff estimates that the project will cost
approximately $335,000 to replace the roofs for both buildings; and
WHEREAS,with sufficient funds available in the project's approved CIP budget for FY 2025 ($375k),
staff is requesting that the City Council approve the plans and specifications for the City Facilities
Roof Replacement Project No. 24-TT at the Campbell Community Center Buildings D and H and
authorize staff to solicit bids from qualified contractors for services to facilitate their implementation;
and
WHEREAS, in accordance with the City's purchasing guidelines, staff will complete a comprehensive
evaluation of the bids received by 2:00 pm on Wednesday, October 16, 2024, and select a contractor
based on the results from the lowest, responsive bidder and their qualifications to perform the work;
and
WHEREAS, pending the 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 $335,000, plus an
additional 12% construction contingency ($40,000), for any costs incurred as a result of unforeseen
work and/or services that may be required during project 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 City Facilities Roof
Replacement Project(No. 24-TT) and its implementation during FY 2025; 2) approve the subsequent
award of a service contract to the lowest, responsive bidder, in an amount not to exceed $335,000,
plus an additional 12% construction contingency of $40,000; 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 ($335,000), the executed
services agreement will reflect the contractor's final award amount, with the construction contingency
to be adjusted accordingly as to not exceed the project's total CIP budget amount of$375k.
PASSED AND ADOPTED this 17th day of September, 2024, by the following roll call vote:
AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Council Members: None
ABSENT: Council Members: None
APPROVED:
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4
Susan M. Landry, M or
ATTEST:
a., .0,n,
Andrea Sanders, Cii/Clerk
CONTRACT
BETWEEN CITY OF CAMPBELL AND
FOR CONSTRUCTION OF
CITY FACILITIES ROOF REPLACEMENT, PROJECT NO. 24-TT (FY 2025)—
CAMPBELL COMMUNITY CENTER BUILDINGS D,,ANDH
THIS AGREEMENT made and concluded in duplicate, this_day of , 20_by and
between hereinafter referred to as "CONTRACTOR", and the City
of Campbell, a Municipal Corporation, hereinafter referred to„as"CITY"=City and Contractor are
also referred to individuallyas a "Party" or collective) h '"y, as the Parties
WITNESSETH, that the parties hereto do mutually�agreeas follows: ,h"
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ARTICLE I. That for and in consideration of the payments and agreements hereinafter,mentioned,
to be made and performed by CITY, and under they'conditions expressed in the two (2) bonds,
bearing even date with these presents, and hereunto annexed, the CONTRACTOR agrees with
the CITY, at its own proper cost an 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 Contract Documents to be furnished by the'CITY, necessary to construct and
complete to the satisfaction of the Engineer, in accordance with °Contract Documents for:
CITY FACILITIES ROOFzF EPLACE�11tIH T, PROJECT
theNO. 24-TT (FY 2025)—
CAMPBELL COMMUNITY CENTER BUILDINGS D AND H
, hereinafter referred tows the "Project or the "Work" in strict conformity and compliance with
the Contract Documents,°and to i o ever. rating required by said Contract Documents as
hereinafter,defired
ARTICLE II. It is expressly agreed and understood by each and every party to this Agreement
that the:„following documents are hereby incorporated and made a part of this Agreement
(hereinafter the "Contract Documents"):
1. All applicable Laws and Regulations
2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City,
in chronological orderby effective date of each
3. This Agreement, including all exhibits
4. Labor and Material Bond (Payment Bond)
5. Performance Bond
6. Maintenance Bond (if required)
7. Insurance Certificate
8. Invitation for Bids for [Project Name] [Project Number], including the Project
Specifications, drawings, and plans, all Exhibits, and all Addenda in the reverse order of
issuance
9. Project Specifications, including all drawings
10. Standard Specifications, as hereinafter defined
The parties to this Agreement do hereby expressly acknowledge that they have read, understand,
and promise to comply with each and every provision of Contract Documents.There are no Contract
Documents other than those indicated above. In the event inconsistencies, conflicts, or
ambiguities between and among the Contract Documents are discovered, the parties shall
attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the
Contract Documents shall take precedence in the order in which they are listed above. Inclusion
of an order of precedence herein does not in any way negate or reduce Contractor's obligation to
report conflicts, discrepancies, apparent omissions, and similar matters to the City.
ARTICLE III. It is expressly agreed and understood by the Contractor that the "Standard
Specifications" consists of the documents on file at the Public WorksADepartment of the City of
Campbell, entitled: p° �
1. The City of Campbell General Provisions, dated March 200;
2. The City of Campbell Standard Specifications and-Details-for`Public Works Construction
(CCSS), dated July 1994 � A_,
3. The City of San Jose Standard Specifications (SJSS) and Standard Details (SJSD),
dated July 1992 � '
4. Standard Specifications of the State *California, Department of Transportation, dated
2018 ("State Specifications"); and � a` � `_
5. State of California /Caltrans: California`Manual on Uniform Traffic Control Devices (CA
MUTCD) (2014 Revision 8).
Where conflicts arise between the Standard Specifications, the parties agree that the Standard
Specifications shall take precedence in the.orderin which they re listed above. Inclusion of an order
of precedence herein does not in any way negaterorEreduce°Contractor's obligation to report
conflicts, discrepancies, apparent omissions, and similar matters tothe City.
ARTICLE IV. The CITY 'promises promises and agrees with the CONTRACTOR to employ, and
does hereby employ,th,e'CONTRA CTOR 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.ti e, 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, 'doghereby agree to=,.the full performance of the covenants herein
contained.,. '
ARTICLE V. The CONTRACTOR agrees to receive and accept the prices indicated in the
Contractor's,signed Bid as full compensation for furnishing all materials and for doing all the Work
contemplated and embraced inthis Contract; also for all loss or damage, arising out of the nature
of the Work aforesaid, or fromthe 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 all 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 Contract Documents and
the requirements of the Engineer, and also for furnishing the required bonds and insurance, and
for doing all other things mentioned, contemplated or embraced in this Contract, and the Contract
Documents.
ARTICLE VI. All activities of Contractor, its employees, agents, and/or subcontractors will be
carried out in accordance with all applicable federal, state, and local laws and regulations.
ARTICLE VI 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.
By its signature hereunder, CONTRACTOR certifies that it is aware of 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 provisions before commencing the performance of the Work of this Contract.
ARTICLE VIII. The Project is a work of public 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 or the State of California so requires.
ARTICLE IX. The general prevailing wage rates as heretofore specified<and any minimum wage
rates indicated in the Special 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 t_his' nstrument and the Bid of
CONTRACTOR, then this instrument shall control and nthing"heren shall be considered as an
acceptance of said terms of said Bid conflicting herewith >
ARTICLE X. Contractor shall be responsible for complying with the provisions of California Labor
Code Section 1771.1(a) which states:
A contractor or subcontractor shall not be qualifiedt,to'bid'on,,be listed in a bid, subject to the
requirements of Section 4104 of the Public Contract Code,;Aor engage in the performance of any
contract for public work, as defined in thischapter, unless currently registered and qualified to
perform public work pursuant to Section 1725.5, It is not<<Ga,Nviolation of this section for an
unregistered contractor to submit a bid thatjs authorized by Section 7029.1 of the Business and
Professions Code or by Section 10164 or 20103 5 of t ieNPubliccContract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
is awarded. ny�"}�%
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ARTICLE XI. Contractor and any sbcontractorsunder the Constructor shall comply with Section
1775 of the California Labor Code regarding prevailing wages.
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ARTICLE XIL Contractor shall* responsible for complying with the provisions of Section 1776
of the California Labo, � ,r-Code concerning payroll records,as more specifically described in the City's
'
Standard
ARTICLEYXIII. Contractor`shll be responsible for complying with the provisions of California
Labor Code;-Sections 1777,64 through 1777.7, inclusive, concerning apprentices, as more
specifically described in the City's Standard Specifications.
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ARTICLE XIV. Contractor shall be responsible for complying with the provisions of California
Labor Code Sections ,1,810 through 1815, inclusive, concerning working hours, as more
specifically described irirthe City's Standard Specifications.
ARTICLE XV. Contractor's attention is directed to the City's Standard Specifications regarding
trench excavation.
ARTICLE XVI. In accordance with the City's Standard Specifications, the sum of Two Thousand
One Hundred Dollars ($2,100.00) 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 shall also be assessed for non- compliance with the requirements stated in
"Hours of Work" under Section 10-1, "General Construction Requirements", of these Special
Provisions, and Section 10-2, "Traffic Control Requirements."
The City further agrees that the Contractor shall not be assessed liquidated damages for delay in
completion of the project, 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 XVII. 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 the"Claims" section of the Special Provisions.
ARTICLE XVIII. 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 oftCampbell reserves its full
authority to compromise or otherwise settle any claim relating to this contracttat any time.
ARTICLE XIX. The signatories to this Contract warrant and represent that each is authorized to
execute this Contract and that their respective signatures serveito legally obligate their respective
representatives, agents, successors, and assigns to comply with,the provisions ofthis Contract.
IN WITNESS WHEREOF, the partiesofthese 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 boundthereby.
4 fs.
CONTRACTOR,,)
Name
° 'Title
4 k ,'(Attach Contractors Acknowledgment)
CITY OF CAMPBELL
Name:
Title:
ATTEST:
Name:
Title: City Clerk