CC Resolution 13212 - John D. Morgan Park Parking Lots (23-DD) RESOLUTION NO. 13212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING SOLICITATION
OF BIDS, APPROVING AND AWARDING CONTRACT, AND OTHER
ASSOCIATED ACTIONS FOR THE JOHN D. MORGAN PARK PARKING LOT
IMPROVEMENTS (23-DD)
WHEREAS, there are three parking lots in total that service the John D. Morgan
Park, and
WHEREAS, the John D. Morgan Park Parking Lot Improvements, Project 23-DD
(Project) will focus on improvements to the Expressway Parking Lot to address
safety and infrastructure needs; and
WHEREAS, the final plans and specifications for the John D. Morgan Park
Parking Lot Improvements (23-DD) have been completed; and
WHEREAS, the Project will result in a total of seventy-two (72) parking spaces,
three (3) of which are ADA compliant spaces; and
WHEREAS, a split rail fence will be installed between the parking lot and the
existing pedestrian pathway to prevent vehicles from driving into the pedestrian
pathway; and
WHEREAS, three (3) new collapsible bollards will be installed at the entrance of
the emergency pathway access point to prevent vehicles accessing the pathway
including potential vehicles driving on the pathway to load and off load
equipment; and
WHEREAS, the Project will provide an additional strip of asphalt concrete
marked as "no parking", allowing vehicles to turn around; and
WHEREAS, the increase in the cost estimate is a result of the poor condition of
the pavement surface requiring significant amount of pavement repair work and
the cost for installing the split rail fence; and
WHEREAS, staff recommends increasing the project budget by adding $16,200
from The Parkland Dedication Fund for a total Project budget of$256,200.
NOW, THEREFORE, BE IT RESOLVED that the City.Council of the City of
Campbell hereby 1) approves the plans and specifications for the John D.
Morgan Park Parking Lot Improvements (23-DD), 2) authorizes the solicitation of
bids; 3) approves and awards the subsequent construction contract to the lowest,
responsive bidder, in an amount not to exceed $142,000, plus a 10%
contingency of $14,200; 4) authorizes the City Manager to execute said contract
as specified in Campbell Municipal Code Section 3.20.100; and 5) authorizes the
City Engineer to negotiate and execute contract change orders up to and within
the allocated construction contingency; 6) authorizes the Public Works Director to
reject bids and rebid the project, should bids received have unamenable
irregularities.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Campbell hereby authorizes the Finance Director to perform associated
budget adjustments to increase the project budget by $16,200.
PASSED AND ADOPTED this 1st day of October 2024, by the following roll call
vote:
AYES: Councilmembers: Bybee, Furtado, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: Scozzola
APPROVED:
Ctn'l
Susan M. Landry, ayor
ATTEST:44%a
Andrea Sanders, ity Clerk
CONTRACT
BETWEEN CITY OF CAMPBELL AND
FOR CONSTRUCTION OF
JOHN D. MORGAN PARK PARKING LOT IMPROVEMENTS
PROJECT NO. 23-DD
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 individually as a "Party" or collectively, as the "Parties".
WITNESSETH, that the parties hereto do mutually agree asif8l(bws:
ARTICLE I.That for and in consideration of the paymepts"and agreements hereinafter mentioned,
to be made and performed by CITY, and under the`oonditions expressed in the two (2) bonds,
bearing even date with these presents, and heredgt i anpexed, the`CONTRACTOR agrees with
the CITY, at its own proper cost and expense; to dosall,fhe Work and furnish all plant, labor,
services, tools, equipment, supplies, transportation; ut lii ies, and materials, except such as are
mentioned in the Contract Documents to'be furnished bythe CITY, necessary to construct and
complete to the satisfaction of the Engin6ef<VaddordancOvith the Contract Documents for:
JOHN D. MORGANPARK PARKING LOT IMPROVEMENTS
„ R,ROJEGT NO. 23-DD
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, hereinafter referred to as roect"j or'the th"P "Work" in strict conformity and compliance with
nt a the Contract Documend to dogverything required by said Contract Documents as
hereinafter defined ,: v' , o,,
ARTICLE II. It is expressly agreed and understood by each and every party to this Agreement
that the following dotentare hereby incorporated and made a part of this Agreement
(hereinafter the "Contra's 9ocuments"):
1. All applicable Laws and Regulations
2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City,
in chronological order by 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 John D. Morgan Park Parking Lot Improvements Project No. 23-DD,
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 Works Department of the City of
Campbell, entitled:
1. The City of Campbell General Provisions, dated March 2002"�
2. The City of Campbell Standard Specifications and Detailsior Public Works Construction
(CCSS), dated July 1994 ,E
3. The City of San Jose Standard Specifications (SJSS) and Standard Details (SJSD),
dated July 1992 tr/'
4. Standard Specifications of the State of California,Department of Transportation, dated
2018 ("State Specifications"); and `*. "
5. State of California /Caltrans: California Manual on Uhiform Traffic Control Devices (CA
MUTCD) (2014 Revision 8).
Where conflicts arise between the Standard S ecifi p c,alio " the parties agree that the Standard
Specifications shall take precedence in the-order in vnhichthey are listed above. Inclusion of an order
of precedence herein does not in anyway==negate-�or reduce Contractor's obligation to report
conflicts, discrepancies, apparent omissions and similar matters to the City.
ARTICLE IV. The CITY hereby proises and agrees with the CONTRACTOR to employ, and
does hereby employ, the�CGNTR� mACTOR4 toprovide 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 an s'd 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 h'erWeby 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 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 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. ', ,x
ARTICLE IX. The general prevailing wage rates as hertefore specified and any minimum wage
rates indicated in the Special Provisions are hereby specificallyyreferred'to and by this reference
are made a part of this Contract. It is further expressl ";agre d1iy and between the parties hereto
that should there be any conflict between the terms,'xof this instrument and the Bid of
CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an
acceptance of said terms of said Bid conflicting herewith '
��ZARTICLE X. Contractor shall be responsible fo `co, lying ith the provisions of California Labor
Code Section 1771.1(a) which sta es.w�,
s 'g
A contractor or subcontractor shith net pe qual,ifled to bid on, be listed in a bid, subject to the
requirements of Section 4104 of ttie P�ublic`�Cantfact Code, or engage in the performance of any
N.
contract for public workp as t�eftned tnahis chapter, unless currently registered and qualified to
perform public work/pt rs ant\to e t o t 1725.5. It is not a violation of this section for an
unregistered contractor to submit a=bid that is authorized by Section 7029.1 of the Business and
Professions Code or'by,Section)4164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to,perform public work pursuant to Section 1725.5 at the time the contract
is awarded. ' ''�
ARTICLE XI. Contractor and any subcontractors under the Constructor shall comply with Section
1775 of the California Labor Code regarding prevailing wages.
ARTICLE XII. Contractor shall be responsible for complying with the provisions of Section 1776
of the California Labor Code concerning payroll records,as more specifically described in the City's
Standard Specifications.
ARTICLE XIII. Contractor shall be responsible for complying with the provisions of California
Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices, as more
specifically described in the City's Standard Specifications.
ARTICLE XIV. Contractor shall be responsible for complying with the provisions of California
Labor Code Sections 1810 through 1815, inclusive, concerning working hours, as more
specifically described in the 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
Eight Hundred Dollars ($2,800) 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."
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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 bythe 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 o�r�der issued~pursuant to California Public Contracts
Code Section 7104 shall provide for any increase t ;co npensation that would exceed the recovery
allowed pursuant to the "Claims" secfioniof the,Spercial Provisions.
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ARTICLE XVIII. The City of Ca npb ell shall notify Contractor of the receipt of any third-party claim
relating to this contract within 30`ta" sit%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 compron e'or otherwise settle any claim relating to this contract at any time.
ARTICLE XIX. The sign ones tat is Contract warrant and represent that each is authorized to
execute this Contract and ti at tl eir respective signatures serve to legally obligate their respective
representatives, agents, successors, and assigns to comply with the provisions of this Contract.
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
Name:
Title:
(Attach Contractor's Acknowledgment)
CITY OF CAMPBELL
Name: Brian Loventhatu'\
Title: City Manager a \.
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ATTEST: .� "' ``‘ '
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Name: / 7 °,y
Title: City Clerk c , ' `'
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City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
Public Works 23-DD John D.Morgan Park Parking Lots October 1,2024 BA-5
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount
REVENUES
435.990 6999 Capital Transfer In(from Park Dedication Fund) 16,200
EXPENDITURES
435.23DD 7883 Construction 16,200
295.990 9999 Capital Transfer Out(to CIP Fund) 16,200
REASON FOR REQUEST-BE SPECIFIC:
To appropriate an additional$16,200 towards the John D.Morgan Park Parking Lot(23-DD)project due to increased estimated
costs related to poor existing asphalt conditions and the cost for split rail fence.
Will Fuentes Todd Capurso Brian Loventhal
Finance Director Public Works Director City Manager