HomeMy WebLinkAboutCC Resolution 13344 - Approving Plans, Authorizing Soliciation of bids, Awarding and Approving Contract - Project 24-VVRESOLUTION NO. 13344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE PLANS AND SPECIFICATIONS, AUTHORIZING
SOLICITATION OF BIDS, AWARDING AND APPROVING CONTRACT, AND
OTHER ASSOCIATED ACTIONS FOR THE CAMPBELL CITY HALL — ADA
COUNTER IMPROVEMENTS (PROJECT 24-VV)
WHEREAS, since Campbell City Hall was constructed in the early 1970s, the City
has implemented and funded several projects through its Capital Improvement
Plan (CIP) to sustain the building's essential operations and address its structural
and mechanical needs; and
WHEREAS, in July 2023, local Assemblymember Marc Berman (D-Menlo Park)
secured $500,000 in funding for the City of Campbell through the state's 2023-
2024 budget for City Hall improvements to ensure compliance with the latest
Americans with Disabilities Act (ADA) standards; and
WHEREAS, in June 2024, the City Hall Public Counters and Accessibility
Enhancements (Project No. 24-W) was approved as a CIP project — with
$220,000 in American Rescue Plan Act (ARPA) funds allocated to the project in
the CIPR for implementation during FY 2024/25; and
WHEREAS, on November 6, 2024, the City Council adopted Resolution No.
13222, approving and authorizing the execution of a grant agreement with the
California Natural Resources Agency, to accept $500,000 in state grant funding
intended for the project's construction costs; and
WHEREAS, on November 12, 2024, the City issued a Request for Proposals
(RFP) for the City Hall Accessibility project to the following design firms: Studio G
Architects, Anderson Brule Architects, Group 4 Architecture, and ELS Architecture
and Urban Design; and
WHEREAS, on December 18, 2024, the City executed an agreement with ELS
Architecture and Urban Design to provide the necessary design, services to
implement accessibility upgrades to renovate specific locations within City Hall.
WHEREAS, The design team took a holistic approach to achieve a cohesive
design that addresses ADA deficiencies and staff needs while minimizing major
changes and cost for all areas identified.
WHEREAS, the final plans and specifications for the Campbell City Hall --ADA
Counter Improvements (Project 24-VV) is now complete; and
WHEREAS, Staff is seeking Council approval of the plans and specifications for
the full project and authorization to bid the project into two phases to utilize the
available funding to complete Phase 1 and proceed with Phase 2 when additional
funding becomes available; and
WHEREAS, the estimate for Phase 1 is $480,000 plus a 10% contingency of
$48,000 for a total amount of $528,000. Staff is pursuing another grant opportunity
for ADA improvements to fund Phase 2 later in 2026 (approximately $270,000 plus
10% contingency).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby 1) approves the plans and specifications for the Campbell
City Hall - ADA Counter Improvements (Project No. 24-VV); 2) authorizes the
solicitation of bids; 3) awards and approves the subsequent construction contracts
to the lowest, responsive bidder for Phase 1 in an amount not to exceed $480,000,
plus a 10% contingency of $48,000 and Phase 2 in an amount not to exceed
$270,000, plus a 10% contingency of $27,000 (pending funding availability); 4)
authorizes the City Manager to execute said contracts as specified in Campbell
Municipal Code Section 3.20.100; 5) authorizes the City Engineer to negotiate and
execute contract change orders up to and within the allocated construction
contingency; and 6) authorizes the Public Works Director to reject bids and rebid
the project, should bids received have unamenable irregularities.
PASSED AND ADOPTED this 4th day of November, 2025 by the following roll call
vote:
AYES: Councilmembers: Bybee, Hines, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: Scozzola
APP
3,QV. f3.:-?
Sergio Lope , ayor
ATTEST:
�Z"Q
Andrea Sa ers, City Clerk
CONTRACT
FOR CONSTRUCTION OF
THE CAMPBELL CITY HALL ADA IMPROVEMENTS
PROJECT NO. 24-VV
THIS AGREEMEN
T, concluded in I m e and c lud8l in ltate, this day of 1. 20
�QZn,A Y1 5 CW�ET. 60� r inAfter referred to as "CONTRACTOR-sancl the
YJ 5 �� T� el , )� a
by and between r
City of Campbell, a Municipal Corporation, hereinafter referred to as "CITY". City and Contractor
are also referred to individually as "Party" or collectively, as the "Parties".
WITNESSETH, that the parties hereto do mutually agree as foflows:
ARTICLE I- 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 even date with these presents, and hereunto annexed, the CONTRACTOR agrees with
the CITY, at its 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 Contract Documents to be furnished by the CITY, necessary to construct and
complete to the satisfaction of the Engineer, in accordance with the Contract Documents for: -
IIIIIIEZI Z1431 _X" 2 M-WE P% TTAATT,
hereinafter referred to as the "Prcjecr" or the "Work" in strict conformity and compliance with the
Contract Documents, and to do everything required by said Contract Documents as hereinafter
defined.
ARTICLE 11, 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-):
I . All applicable Laws and Regulations
Z Doly 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. Notice of Inviting Bids for the Campbell City Hall ADA Improvements Project No. 24-VV,
including the Project Specifications, drawings, and plans, all Exhibits, and all Addenda in
Contract C-1
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 anyway negate o ' r reduce Contractor's obligation to
report conflicts, discrepancies, apparent omissions, and similar matters to the City.
ARTICLE 111. 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 Details for Public Works
Construction (CCSS), dated July 1994
3. The City of San Jose Standard Specifications (SJSS) and Standard Details (SJSD),
dated July 1992
4, Standard Specifications of the State of California, Department of Transportation, dated
2018 (SS); and
5. State of California /Caltrans-. California Manual on Uniform Traffic Control Devices (CA
MUTCD) (2014 Revision 9).
Where conflicts arise between the Standard Specifications, the parties agree that the Standard
Specifications 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 IV. 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, forthe 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.
Contract C-2
ARTICLE V. The CONTRACTOR agrees to receive and accept the prices indicated in the
Contractor's signed Bid as full compensation for furnishing aft 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 VII. 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
370U 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 Vill. '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 rnade 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 of
CONTRACTOR, then this instrument shall control and nothing herein 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 qualified to bid on, be listed in a bid, 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, unless currently registered and qualified to
perform public work pursuant to Section 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 10164 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.
Contract C-3
ARTICLEXII. 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 X111. 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 XJV. 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 Four Thousand,
Two Hundred Dollars and Zero cents ($4,200,00) 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 XVI I L 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,
ARTICLE XIX The signatories to this Contract warrant and represent that each is authorized to
execute this Contract and that their respective signatures serve to legally obligate their respective
representatives., agents, successors, and assigns to comply with the provisions of this Contract.
Contract C-4
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,
CONTRA :OR
By:
Title:
(Attach Contractor's Acknowledgment)
CITY OF CAMPBELL
Name: Brian Loventhal
Title: City Manager
ATTEST:
Name, Arid/a Sanders
Title: City Clerk
Contract C-5
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