CC Resolution 13099 - Solicitation of Bids for the Building M Roof Replacement Project (CIP No. 24-SS) RESOLUTION NO. 13099
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
CCC — BUILDING M ROOF REPLACEMENT PROJECT (NO. 24-SS); 2) APPROVING THE
SUBSEQUENT AWARD OF A SERVICE CONTRACT TO THE LOWEST, RESPONSIVE
BIDDER, IN AN AMOUNT NOT TO EXCEED $300,000, PLUS AN ADDITIONAL 20%
CONSTRUCTION CONTINGENCY OF $60,000; 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, since 1985, the City's Public Works Department — Building Maintenance Section has
maintained, repaired, and/or renovated the Community Center to meet the operational needs of
various programs while ensuring the health and safety of staff and visitors alike; and
WHEREAS, many of the Center's older infrastructure features are nearing the end of their expected
useful life — including the roofs on several of the property's buildings and walkways; and
WHEREAS, one of these is the Building M roof, which was installed approximately thirty years ago
and supports one of the Center's largest buildings that hosts a variety of educational-based
programs; and
WHEREAS, between 2018 and 2023, Building M has required multiple patch repairs to address
leaks caused by severe winter rainstorms, which in turn, have exposed a severe degradation of the
roofing material and water damage throughout its substructure; and
WHEREAS, these issues have indicated that the roof is no longer receptive to basic patch repairs
and would require further investigation to identify a more long-term solution; and
WHEREAS, in early 2021, the City hired an outside consultant firm, the Garland Company (Garland),
to perform a roofing assessment on all City-owned buildings and structures—including those located
at the Community Center; and
WHEREAS, per Garland's inspection of the Building M roof, several deficiencies were identified and
recommended for corrective action by 2022; and
WHEREAS, based on the results from Garland's assessment, staff ultimately determined that the
complete replacement of the Building M roof was a more feasible option as it reduced the need for
frequent repairs and their long-term maintenance costs; and
WHEREAS, in 2022, a Capital Improvement Project was created for the replacement of the Building
M roof (CCC — Building M Roof Replacement Project, CIP Project No. 24-SS), with funding in the
amount of$400k allocated to the project budget; and
WHEREAS, in June 2023, the CCC — Building M Roof Replacement project was approved with the
adoption of the City's annual CIP budget for FY 2023/2024; and
WHEREAS, while developing the project's scope of work, staff determined that its implementation
would require specific labor and equipment services from a specialized roofing contractor; and
WHEREAS, when the project's construction specifications were finalized in December 2023, they
included an advertisement to solicit bids from qualified contractors interested in providing these
services; and
WHEREAS, based on the proposed scope of work, staff estimates that the project will cost
approximately $300,000 to complete; and
WHEREAS, with sufficient funds available in the project's current CIP budget, staff is requesting that
the City Council approve the plans and specifications for the CCC — Building M Roof Replacement
project (No. 24-SS) and authorize staff to solicit bids (proposals) from qualified contractors; and
WHEREAS, in accordance with the City's purchasing guidelines, staff will complete a comprehensive
evaluation of the bids received and select a contractor based on the results from the lowest,
responsive bidder and their qualifications to perform the work; and
WHEREAS, pending those 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 $300,000, and an
additional 20% construction contingency ($60,000) for any unforeseen work or services required
during its 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 Building M Roof
Replacement project (No. 24-AA); 2) approve the subsequent award of a service contract to the
lowest, responsive bidder, in an amount not to exceed $300,000, plus an additional 20%
construction contingency of$60,000; 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 at this time ($300,000),
the contract services agreement will reflect the contractor's final award amount, with the
construction contingency to be adjusted accordingly based on 20% of that final contract amount.
PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote:
AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Council Members: None
ABSENT: Council Members: None
APPROVED:
Susan M. Lan , Mayor
ATTEST1/
Andrea Sanders, Clerk
CONTRACT
BETWEEN CITY OF CAMPBELL
AND
TBD
FOR CONSTRUCTION OF
CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT 24-SS
THIS AGREEMENT, made and concluded in duplicate, this TBD , day
of , 2024 by and
between TBD hereinafter referred,to as "CONTRACTOR", and
the City of Campbell, a Municipal Corporation, hereinafter referred tows "CITY":
ARTICLE I. WITNESSETH: That for and in consideration of the,payments and agreements
hereinafter mentioned, to be made and performed by CITY, and underthacbnditions expressed
in the two (2) bonds, bearing event date with these presents, and hereunto annexed, the
CONTRACTOR agrees with the CITY, at his own propercost 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 Specifications to be furnished by the 'CITY, necessary to
construct and complete to the satisfaction of"tha'City Engineer, in accordance with this Contract,
the Notice Inviting Bids, the accepted Bid Proposal, the Plans, the'Special Provisions, the City of
Campbell Standard Specifications and`Details°for-Public Works Construction dated July 1994,
and by reference therein to the City of San,Jose'Standard Specifications, the City of San Jose
Standard Details,the State Standard Specifications,the State Standard Plans, and the Equipment
Rental Rates of the California Department Of Transportation and the General Prevailing Wage
Rates, each of which documents are on file in the office of the City Clerk and all of which are
hereby specifically referred to and,by such'reference made a part hereof.
The work to be done is shown upon the'project plans and specifications entitled, CAMPBELL
COMMUNITY CENTER BUILING#M ROOF 'REPLACEMENT, PROJECT 24-SS , which
said project plans,\specifications, and referenced Specifications are hereby made a part of this
Contract.
ARTICLE II. 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, for the 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.
ARTICLE III. The CONTRACTOR agrees 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 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 Plans and
Specifications, 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
agreement, and the contract documents.
ARTICLE IV. 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.
ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am 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 I will comply with such provisions before commencing the
performance of the work of this Contract.
ARTICLE VI. The improvement contemplated in the performance of this Contract 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 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 VII. 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 this instrument,,and the Bid
or Proposal of CONTRACTOR, then this instrument shall'control and nothing herein shall be
considered as an acceptance of said terms,of said Proposal conflicting herewith.
ARTICLE VI I I. 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 proposal, 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 IX. Contractor-and any subcontractors under the Constructor shall comply with
Section 1775 of the California Labor Code regarding prevailing wages.
ARTICLE X. 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 Section
7-1.01A(3) of the City-of San Jose Standard Specifications.
ARTICLE Xl. 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 Section 7-1.01A(5) of the City of San Jose Standard Specifications.
ARTICLE XII. 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 Section 7-1.01A(1) of the City of San Jose Standard Specifications.
ARTICLE XIII. Contractor's attention is directed to Section 7-1.01E of the City of San Jose
Standard Specifications, regarding trench excavation.
ARTICLE XIV. In accordance with Section 8-1.07 of the City of San Jose Standard
Specifications, the sum of Three Thousand Six Hundred Dollars and Zero Cents ($3,600.00) 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 for non-compliance
with the requirements in Section 8 "Prosecution & Progress", and under Section 10-2 "Traffic
Control and Public Safety".
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 XV. 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.FCalifornia Public Contracts
Code Section 7104 shall provide for any increase in compensationfhat would exceed the recovery
allowed pursuant to Section 7 of the Special Provisions. ,
ARTICLE XVI. 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 notificatiori;'pursuant to subdivision (c),of Public
Contract Code Section 9201. Notwithstanding thisgnotifcation provision, the City'of Campbell
reserves its full authority to compromise or otherwisefsettle'any,,claim relating to this contract at
any time. .
IN WITNESS WHEREOF, the partietthesepresent have hereunto set their hands the year
and date first above written and having fully reed„end understood the terms and conditions of this
contract, acknowledge their agreement to be'bound thereby: °
CONTRACTOR 3
l B
y:
Title.
(Attach Contractor's Notary Acknowledgment)
CITY OF CAMPBELL
By:
Title:
ATTEST:
Andrea Sanders, City Clerk