CC Resolution 13123 - Authorizing Solicitation of Bids City Facilities Roof Replacement Project (No. 24-TT) RESOLUTION NO. 13123
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
CITY FACILITIES ROOF REPLACEMENT PROJECT (NO. 24-TT) AND ITS IMPLEMENTATION
DURING FY 2024 AS PROGRAMMED IN THE CITY'S APPROVED CIP; 2) APPROVING THE
SUBSEQUENT AWARD OF A SERVICE CONTRACT TO THE LOWEST, RESPONSIVE
BIDDER, IN AN AMOUNT NOT TO EXCEED $380,000, PLUS AN ADDITIONAL 20%
CONSTRUCTION CONTINGENCY OF $76,000; 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, the City of Campbell owns a total of twenty-six buildings and structures which are
maintained and operated to meet the diverse needs of various programs and services available to
members of the community; and
WHEREAS, among this inventory, several buildings are leased to outside organizations who utilize
these facilities to provide programs or services, including the Sunnyoaks Fire Station which has been
operated by Santa Clara County Fire Department (SCCFD) for over 40 years; and
WHEREAS, many of the buildings in the City's inventory are older in age — requiring frequent and
costly repairs to address issues associated with their aging infrastructure and outdated roofing
components; and
WHEREAS, between 2018 and 2023, the roof of the Sunnyoaks Fire Station, and-those located at
the Community Center, have 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, separately, 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 for
staff's planning and project development purposes; and
WHEREAS, per Garland's assessment report, several deficiencies were identified throughout the
City's buildings with recommendations to implement corrective action by 2022; and
WHEREAS, staff ultimately determined that the complete replacement for many of these roofs was
the more feasible option as it reduced the need for more frequent repairs and their long-term
maintenance costs; and
WHEREAS, in 2022, staff created a CIP project (City Facilities Roof Replacement Project, CIP
Project No. 24-TT), to replace the roofs for various buildings over a five-year period with an allocation
of funds programmed in each fiscal year to cover the costs of their implementation; and
WHEREAS, in June 2023, the City Facilities Roof Replacement Project was approved with the
adoption of the City's annual CIP budget for FY 2024; and
WHEREAS, with $475k programmed in the project's CIP budget for FY 2024, staff has identified
Campbell Community Center Buildings C and L, and the Sunnyoaks Fire Station building, as the
locations for year one of the City Facilities Roof Replacement Project; and
WHEREAS, based on the proposed scope of work, staff estimates that the project will cost
approximately $380,000 to replace the roofs at these locations; and
WHEREAS,with sufficient funds available in the project's approved CIP budget for FY 2024 ($475k),
staff is requesting that the City Council approve the plans and specifications for the City Facilities
Roof Replacement Project (No. 24-TT) and authorize staff to solicit bids (proposals) from qualified
contractors for services to facilitate their implementation; and
WHEREAS, in accordance with the City's purchasing guidelines, staff will complete a comprehensive
evaluation of the bids received on Thursday, April 18, 2024, and select a contractor based on the
results from the lowest, responsive bidder and their qualifications to perform the work; and
WHEREAS, pending the 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 $380,000, plus an
additional 20% construction contingency ($76,000), for any costs incurred as a result of unforeseen
work and/or services that may be required during project 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 City Facilities Roof
Replacement Project (No. 24-TT) and its implementation during FY 2024 as programmed in the
City's approved CIP; 2) approve the subsequent award of a service contract to the lowest, responsive
bidder, in an amount not to exceed $380,000, plus an additional 20% construction contingency of
$76,000; 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 ($380,000), the
executed 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 5th day of March, 2024, by the following roll call vote:
AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Council Members: None
ABSENT: Council Members: None
APP OVED:
Susan M. Landry, Mayor
ATTEST:
aldb°
Andrea Sanders, ' y Clerk
CONTRACT
BETWEEN CITY OF CAMPBELL
AND
TBD
FOR CONSTRUCTION OF
CITY FACILITIES ROOF REPLACEMENT, PROJECT 24-TT (FY 2024)
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 to'as "CITY":
ARTICLE I. WITNESSETH: 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 event date with these' presents, ands hereunto annexed, the
CONTRACTOR agrees with the CITY, at his own proper cost and expense,,to do all the work and
furnish all plant, labor, services, tools, equipment,psupplies,transportation, utilities,an'd materials,
except such as are mentioned in the Specificationsto gbe furnished by the CITY, necessary to
construct and complete to the satisfaction of�the City Engineer, in'accordance with this Contract,
the Notice Inviting Bids, the accepted Bid Proposal, the Plans, theeS,Special,Provisions, the City of
Campbell Standard Specifications and Details for°Public �UVorks 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
nts Rates, each of which docume are on fil"e in the office of the City Clerk and all of which are
hereby specifically referred,;to,and by such reference made apart hereof.
The work to be done is shown upon thea,iproject"'plans and specifications entitled, CITY
FACILITIES ROOF REPLACEMENT, PRQJECT24-TT (FY 2024), which said project plans,
specifications, and4referenc d specifications arelh,ereby 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 CITY4nd the CONTRACTOR, for themselves, their heirs, executors, administrators,
successors and assigns, do�:hereby agree to the full performance of the covenants herein
contained.
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ARTICLE Ill. ThCONTRACTOR 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,tControl and nothing .herein shall be
considered as an acceptance of said terms of said Proposal'conflicting herewith.
ARTICLE VIII. Contractor shall be responsible for complying With the provisions of California
Labor Code Section 1771.1(a) which states: A'contracto'r or subcontrablor 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 70231 of the Business and``'Professions Code or by Section 10164 or
20103.5 of the Public Contract Code,'providedvthe contractor is registered to perform public work
pursuant to Section 1725.5 at the;time the contract is awarded.
ARTICLE IX. Contractor and anyisubcontractors under the Constructor shall comply with
Section 1775 of they 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 California Public Contracts
Code Section 7104 shall provide for any increase in compensation that,would exceed the recovery
allowed pursuant to Section 7 of the Special Provisions.
ARTICLE XVI. The City of Campbell shall notify Contractor`ofthe 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 tofthis°contract at
any time.
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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
Title
(Attach Contractor's Notary Acknowledgment)
CITY OF CAMPBELL
By:
Title:
ATTEST:
Andrea Sanders, City Clerk