CC Resolution 13075 - Contract with Mobile Modular for the Service CEnter Portable Building Replacement Project (CIP No. 17-SS) RESOLUTION NO. 13075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AND AWARDING A CONTRACT WITH MOBILE MODULAR, IN AN AMOUNT
NOT TO EXCEED $261,728, TO PROVIDE LABOR AND EQUIPMENT SERVICES FOR THE
SERVICE CENTER PORTABLE BUILDING REPLACEMENT PROJECT (CIP NO. 17-SS), AND
ALLOW THE CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED
IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.030(6) FOR THE PROCUREMENT OF
THESE SERVICES THROUGH THE CITY'S MEMBERSHIP WITH SOURCEWELL (A
COOPERATIVE PURCHASING FIRM) AND MOBILE MODULAR'S PARTICIPATION AS A
SOURCEWELL-CERTIFIED VENDOR; AND AUTHORIZING THE CITY MANAGER.TO
EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION
3.20.100
WHEREAS, the City's Service Center (Service Yard) is home to the Public Works Department's
Maintenance Division who manage and implement the maintenance of various citywide
infrastructure; and
WHEREAS, in 1992, a separate on-site trailer was installed at the Service Yard to house the City's
traffic signals and streetlight operations — providing office spaces for approximately 4 to 6 staff
members while housing specialized equipment to monitor the City's signalized intersections; and
WHEREAS, over the years, staff has implemented several improvements to increase the efficiency
of space at the yard and address other deficiencies throughout its buildings and amenities; and
WHEREAS, separately, in 2015 and 2016, the City sold two distinct portions of the Service Yard
property to adjacent developers as part of the previously approved land development proposals for
their respective projects—with both sales resulting in $1.23M received by the City and subsequently
placed into a reserve fund intended for future Service Yard improvements; and
WHEREAS, between 2017 and 2020, a portion of these funds was used on minor improvement
projects, with a larger portion (approximately$345,018) allocated to a separate Capital Improvement
project created for the replacement of the Signals and Lighting trailer (Service Center Portable
Building Replacement, CIP Project No. 17-SS); and
WHEREAS, the remaining reserve funds (approximately $900k) were later used to help close the
operating budget deficits in late FY 2019/20 which resulted from the economic conditions caused by
the COVID-19 pandemic; and
•
WHEREAS, in recent years, the Signals and Lighting trailer has experienced frequent mechanical
and structural failures that have impacted staffs ability to effectively maintain the City's streetlight
and traffic control operations; and
WHEREAS, to mitigate these impacts, staff has developed a plan to replace the trailer based on the
City's previous allocation of funds ($345,018) programmed in the CIP for the Service Center Portable
Building Replacement project (No. 17-SS); and
WHEREAS, the project's scope of work will also include amenities to support the new trailer's
compatibility with the existing site connections and other features intended to improve the
surrounding exterior area and create additional storage space; and
WHEREAS, staff has also identified a procurement strategy to facilitate these efforts as specified in
Campbell Municipal Code (CMC) Section 3.20.030(6) which allows the City to dispense with its
formal bidding procedures when purchases are made through the City's membership with Sourcewell
(a government purchasing cooperative firm) and from one of their pre-qualified vendors who have
already been vetted to the same standards as the City's own competitive procurement process; and
WHEREAS, in September 2023, staff requested a quote from Mobile Modular — a Sourcewell-
certified vendor—who in turn, submitted a proposal to provide the equipment and installation services
to complete the trailer's replacement, in a total contract amount of$261,728; and
WHEREAS, staff recommends that the City Council approve and award a contract to Mobile
Modular, in an amount not to exceed $261,728, as sufficient funding is available in the project's CIP
budget to award the proposed service contract, and implement additional improvements, during FY
2023/24; and
WHEREAS, should the project be completed within the estimated total of $339,728, the remainder
of funds from the project's CIP budget allocation will be returned to the City's Capital Improvement
Program Reserve to fund future projects and repair needs.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1)
approves and awards a contract with Mobile Modular, in an amount not to exceed $261,728, to
provide labor and equipment services for the Service Center Portable Building Replacement
project (CIP No. 17-SS), and allow the City to dispense with its formal bidding procedures as
specified in Campbell Municipal Code (CMC) Section 3.20.030(6) for the procurement of these
services through the City's membership with Sourcewell (a Cooperative Purchasing Firm) and
Mobile Modular's participation as a Sourcewell-certified vendor; and 2) authorizing the City
Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
PASSED AND ADOPTED this 7th day of November, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None .
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTESfriT ehm
ity Andrea Sanders, Clerk
CONTRACT SERVICES AGREEMENT
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, GA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the TBD day of TBD ,2023 by and between
the CITY OF CAMPBELL (hereinafter referred to as CITY) and Mobile Modular, 5700 Las Positas Rd,
Livermore,CA 94551;(925)606-9000(hereinafter referred to as CONTRACTOR),in consideration of their mutual
covenants,the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Purchase, Delivery, and Installation of a new portable trailer for the a.Service Center Portable Building
Replacement Project(CIP No. 17-SS)
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Mobile Modular Sale Quotation and-Agreement,
y
TERMS: The services and/or materials furnished 4under this Agreement shall TBD
and shall be completed before ;>,�TBD`, F;, .
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and
materials basis in an amount not to,exceed:$261,727.11 unless,authorized otherwise by City.
GENERAL TERMS AND CONDITIONS
Agreement: This Agreement shall be governed by the 1au%s of the State of California. It constitutes the entire
agreement between the parties regarding its subject°matter. If any provision in this Agreement is held by any court
or trier of fact to be invalid,void,or unenforceable,the remaining provisions shall nevertheless continue in full force.
Hold Harmless: With respect to ,any design professional services provided by CONTRACTOR, the
CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from
any and all claims, actions,causes of action, losses,damages, costs and liabilities of every nature, including all costs
of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to have been caused by or
arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of the Contractor, except
for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or
willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
With respect to all matters other than those covered by the foregoing paragraph, CONTRACTOR agrees to
indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions,
causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim,
caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement,
except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole
negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing
services described herein.
AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):
In the event that this contract is subject to California Civil Code section 2782(b),the foregoing indemnity provisions
shall not apply to any liability for the active negligence of the City.
The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other
rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in
this section shall survive the termination of this Agreement.
City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell
Business License.
Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before
commencing any services under this agreement.
GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general liability, broad
form general liability and business automobile liability insurance in connection with the CONTRACTOR'S
performance, in the amount of not less than $1,000,000 per occurrence. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit.
Liability policies shall be endorsed to name CITY,its officers, volunteers, and employees as "insureds" under
said insurance coverage and to state that such insurance shall be deemed"primary"such that any other insurance
that may be carried by CITY shall be excess thereto. Such insurance shall be on an``occurrence,"not a"claims
made,"basis and shall not be cancelable or-subject to,reduction except upon.thirty,(30)days prior written notice
to CITY(10 day notice for non-payment of premium) Endorsements shall be provided by or acceptable to the
CITY.
WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance
or service, CONTRACTOR'shall maintain Workers' Compensation and Employers Liability insurance for all
of its employees who are in any`way:contected with performance of these services. The Workers' Compensation
Insurance shall comply with all applicable State laws., Employers Liability coverage shall be for a minimum of
$1,000,000. The CONTRACTOR shall agree to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses arising from work performed by the Contractor for the City.
It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available
to the City when the City y is named as`an,additional insured pursuant to this Agreement. Furthermore, the
requirements for coverage and limits shall be(I)the minimum coverage limits specified in this Agreement, or
(2)the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the
named insured,whichever .ffords greater coverage.
CERTIFICATES OF INSURANCE: CONTRACTOR shall furnish CITY a certificate of insurance, duly
authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence
of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory
evidence of said coverage shall be required within ten(10)days of award of contract.
Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement because
of the race,color,national origin, ancestry, religion or sex of such person.
Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the
sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR
shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any
AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):
contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY.
Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes
or variations of any kind are authorized without the written consent of the CITY.
Public Works Projects: In the event this Agreement requires the CONTRACTOR to provide services within the
definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and
conditions stated below shall be in full force and effect.
ARTICLE I. The general prevailing wage rates 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.
ARTICLE II. In accordance with the provisions of Section 3700 of theLabor Code,every CONTRACTOR
will be required to secure the payment of compensation to,his or her employees.
ARTICLE III. By my signature below, as CONTRACTOR, I certify that I am aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to, undertake self-insurance in accordance with such
provisions of that Code,and I will comply with,such provisions before commencing the performance
of the work of this Agreement.
ARTICLE IV. The improvement contemplated in the performance of this Agreement 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 Agreement whenever tlie'CITY, at its sole discretion, shall determine that its
responsibility to the United States or the State of California so requires.
ARTICLE V. The CONTRACTOR'"nagrees \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 completed and embraced in this Agreement;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
of every description connected with the,work; also for all expenses incurred by or in consequence of the
suspension or discontinuance of work,-and the whole thereof, in the manner and according to the Plans and
Specifications, and requirements of the Engineer under them.
ARTICLE VI."CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of
the California Labor Codetconcerning payroll records.
ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor
Code Sections 17775 through 1777.7, inclusive, concerning apprentices.
ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor
Code Sections 1810 through 1815, inclusive, concerning working hours.
ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public
Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four(4)feet below
the surface.
AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS (CONT.):
ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the
contract that in case all the work called for under the contract in all parts and requirements is not finished or completed
within the number of working days as set forth in the special provisions,damage will be sustained by the CITY, and
that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the
CITY will sustain in the event of and by reason of such delay;and it is therefore agreed that the CONTRACTOR will
pay to the CITY liquidated damages for each and every calendar day's delay in finishing the work in excess of the
number of working day's prescribed, in the amount of$ TBD .
per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in
completion of the project,when such a delay was caused by the failure of the CITY or the owner of the utility
to provide for removal or relocation of such utility facilities as set forth in California Government Code
Section 4215.
Prevailing Wage: This contract is for a public work as defined in Chapter 1.of`Part 7 of Division 2 of the California
Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of
the California Labor Code concerning prevailing wages.
Termination: Notwithstanding any other provision of this Agreement,CITY may terminate this Agreement at any
time,with or without cause,in its sole discretion,by giving notice in writing to CONTRACTOR of such termination.
In the event of such termination, CONTRACTOR shall have the right and obligation to immediately assemble the
work then in progress for the purpose of completing the work and turning over all materials and documents to CITY.
In the event of such termination, CONTRACTOR shall'be'compensated for all work and services performed to the
point of termination in accordance with the payment provisions set forth in Section,2.1, unless the termination is for
cause, in which event CONTRACTOR need be compensated only to the extent required by law.
Dispute Resolution In the event of any dispute between the Parties related to this Agreement or this Project,the
Parties agree to first negotiate in good faith toward a,resolution with participation by representatives of each
Party holding sufficient authority to resolve.theadispute. If such dispute cannot be resolved in this manner,
before any action or litigation is initiated other tlan,as required to secure lien rights. the dispute shall be
submitted to mediation using American Arbitration Association or another mediator as mutually selected by
the Parties. Such mediation shall be completed within a reasonable period of-dine following either Party's written
demand with each Party to hear an equal sharp of the mediation fees and its own respective attorney and
consultant fees and costs.
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AGREEMENT
PAGE 5
GENERAL TERMS AND CONDITIONS (CONT.):
CONTRACTOR COORDINATOR and representative for CITY shall be:
NAME: RON TAORMINA DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CAMPBELL
By: By:
Title: Title: "'-; \.
Contractor License No.:
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