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CC Resolution 13057 - Contract with Lathrop Construction Associates, Inc. for Library Project (No. 23-SS)RESOLUTION NO. 13057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AWARDING THE CONSTRUCTION CONTRACT FOR THE MEASURE O — CAMPBELL LIBRARY RENOVATIONS PROJECT (NO. 23-SS) TO THE LOWEST RESPONSIBLE BIDDER, LATHROP CONSTRUCTION ASSOCIATES, INC.; APPROVING THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $18,189,000, PLUS A 10% CONSTRUCTION CONTINGENCY OF $1,818,900; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND AUTHORIZING THE CITY ENGINEER TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS UP TO AND WITHIN THE ALLOCATED CONSTRUCTION CONTINGENCY. WHEREAS, in November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (with a new EOC) and renovations to the Campbell Library; and WHEREAS, further allocations resulted in a total Measure O-funded budget of $20.5M for the Library Renovations project (No. 23-SS); and WHEREAS, between 2018 and 2023, the Library Project also received additional funding from various State and local programs — increasing the project's current budget to $26,228,450; and WHEREAS, in early 2022, after evaluating the applications received in response to the RFQ advertised for construction services, staff deemed the following contractors qualified for invitation to bid on the Library's construction contract pending City Council's approval of the project's final plans, specifications, and estimates (PS&E): 1. Gonsalves & Stronck Construction Company, Inc., 2. BHM Construction, 3. Lathrop Construction Associates, Inc., and 4. BOBO Construction, Inc.; and WHEREAS, on June 6, 2023, the City Council adopted a resolution (No. 12999) approving the Library's final PS&E and authorizing staff to invite the project's list of prequalified contractors to bid on its construction contract; and WHEREAS, staff's subsequent invitation included the bid submission deadline of 2:00 pm on Wednesday, August 30, 2023, and information regarding the mandatory pre -bid meeting required to qualify for bid submission; and WHEREAS, only three of the four contractors attended the mandatory pre -bid meeting, which resulted in BHM Construction being disqualified from bid submission for failure to attend; and WHEREAS, of the three contractors remaining, the City received only two bids by the end of the submission deadline — with results identifying Lathrop Construction Associates, Inc., and BOBO Construction Inc. as the two submitting contractors at the time of bid opening; and WHEREAS, Lathrop Construction Associates, Inc. (Lathrop), was the lowest responsible bidder with a base bid amount of $17,839,000, and $350,000 for the project's three add alternates; and WHEREAS, based on the project's updated total costs ($22.3M), and the funds available in its current budget ($26.2M), the project is projected to have a surplus of approximately $3.9M in Measure 0 funds; and I WHEREAS, the proposal submitted responsible in accordance with the evaluation of the bids received; and by Lathrop has been deemed complete, responsive, and City's purchasing guidelines and staff's comprehensive WHEREAS, staff is recommending City Council's award and approval of the construction contract for the Measure O — Campbell Library Renovations Project (No. 23-SS) to Lathrop Construction Associates, Inc., in an amount not to exceed $18,189,000, plus a 10% change order contingency of $1,818,900; and WHEREAS, staff is also requesting City Council's authorization for the City Manager to execute said agreement, as specified in Campbell Municipal Code Section 3.20.100, and authorization for the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency amount; and WHEREAS, sufficient funding is available in the City's approved CIP budget for `Civic Center Improvements — Library Renovations (Project No. 23-SS)' to award a contract in the amount of $18,189,000, and a 10% change order contingency ($1,818,900) to address any unforeseen situations or circumstances which may arise during construction and their associated costs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) award the construction contract for the Measure O — Campbell Library Renovations Project (No. 23-SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; 2) approve the construction contract in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency. BE IT FURTHER RESOLVED should the City Council approve and award this contract — and pending its subsequent execution — a Notice to Proceed will be issued in October 2023 to authorize the commencement of construction. PASSED AND ADOPTED this 19t" day of September, 2023, by the following roll call vote: AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None ABSENT: Councilmembers: None Z APPROVED - Anne Bybee, Mayor ATTEST: Andrea Sanders, � Clerk