CC Resolution 13138 - CCC Building M Roof Replacement Rejection of bids, revised plans, solicitations to rebid RESOLUTION NO. 13138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1) AUTHORIZING
THE REJECTION OF ALL BIDS RECEIVED FOR THE CCC — BUILDING M ROOF
REPLACEMENT PROJECT (NO. 24-SS); 2) APPROVING THE PROJECT'S REVISED PLANS
AND SPECIFICATIONS WITH MINOR SCOPE MODIFICATIONS; 3) AUTHORIZING
SOLICITATIONS TO REBID THE PROJECT; 4) APPROVING THE SUBSEQUENT AWARD OF
A SERVICE CONTRACT TO THE LOWEST, RESPONSIVE BIDDER, IN AN AMOUNT NOT TO
EXCEED $350,000, PLUS AN ADDITIONAL CONSTRUCTION CONTINGENCY AMOUNT OF
$50,000; 5) AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS
SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND 6) AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS
UP TO AND WITHIN THE ALLOCATED CONSTRUCTION CONTINGENCY.
WHEREAS, on January 22, 2024, the City Council adopted Resolution No. 13099, approving the
plans and specifications for the CCC — Building M Roof Replacement project (No. 24-SS) and
authorizing staff to solicit bids and award a contract to the lowest, responsive bidder, in an amount
not to exceed $300,000; and
WHEREAS, on January 24, 2024, the project's construction specifications were advertised for
bidding on the QuestCDN website; and
WHEREAS, on February 26, 2024, a total of eight (8) proposals were opened for the Building M
project, with the lowest base bid amount of$410,860 submitted by Courtney Waterproofing, Roofing
& Concrete Restoration; and
WHEREAS, despite being the lowest, responsive bidder, their proposed total had exceeded the
project's budgeted contract amount by approximately $110,860 (or 27% above staff's final cost
estimates); and
WHEREAS, the award of contract was temporarily postponed pending the results of staff's post-bid
analysis to address any discrepancies and identify a timely and cost-effective solution; and
WHEREAS, staff's post-bid analysis revealed a significant price increase to one of the materials that
was included in the project's construction specifications and recent bid opening; and
WHEREAS,with these findings, staff identified an alternative type of material and application method
whose inclusion could reduce the project's estimated total costs with minimal impact on its existing
scope of work; and
WHEREAS, staff has incorporated this alternative material and application method into the project's
existing specifications by updating the base bid and alternate item descriptions and adding a section
to the Special Provisions for those details relevant to their inclusion during the project's installation
phase; and
WHEREAS, to apply these changes and their anticipated cost-savings, staff will need to reject the
current bids and rebid the project with the revised specifications; and
WHEREAS, staff is requesting that the City Council authorize the rejection of all bids received for
the Building M Roof Replacement project (No. 24-SS) and approve the revised specifications with
authorization to rebid the project and solicit 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 $350,000, plus an
additional construction contingency of$50,000 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)
authorize the rejection of bids received for the Building M — Roof Replacement project (No. 24-SS);
2) approve the project's revised plans and specifications with minor scope modifications; 3)
authorize solicitations to rebid the project; 4) approve the subsequent award of a contract to the
lowest, responsive bidder, in an amount not to exceed $350,000, plus a construction contingency
amount of$50,000; 5) authorize the City Manager to execute said agreement as specified in
Campbell Municipal Code Section 3.20.100; and 6) 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 ($350,000),
the contract services agreement will reflect the contractor's final contract amount, with the
construction contingency amount to remain the same ($50,000).
PASSED AND ADOPTED this 2nd day of April, 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. Land , ayor
ATTEST:
Andrea Sanders, y 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{jas "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, and hereunto annexed, the
CONTRACTOR agrees with the CITY; at his own proper and expense, to do all,the.work and
furnish all plant, labor, services, tools, equipment,suppliestransportation, utilities,and materials,
except such as are mentioned in the Specifications.to Abe furnished by the CITY, necessary to
construct and complete to the satisfaction ofthe'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'`fo,�r`�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 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,7by,such reference�made a-part hereof.
The work to be done is shown uponithe'project plans and specifications entitled, CAMPBELL
COMMUNITY CENTER BUILING M ROOFx1'REPLACEMENT, PROJECT 24-SS , which
said project plans, specifications, andreferenced`specifications are hereby made a part of this
Contract.
ARTICLE„II. The CITY,hereby promisesxand 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
contractsxto paysthe 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 theterms of this instrument and the Bid
or Proposal of CONTRACTOR, then this instrument shallcontrol 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) whichtstates: 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'ofany 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 rtof tt# a 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 1,725.5 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 XI II. Contractor's attention is directed to Section 7-1.01 E 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 compensationthat 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 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.
IN WITNESS WHEREOF, the parties oath se,present;have hereunto set their hands the year
and date first above written and having fully read understood the terms and conditions of this
contract, acknowledge their agreement to be'boundthereby.,N
CONTRACTOR
Title:
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its (Attach Contractor's Notary Acknowledgment)
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CITY OF CAMPBELL
By:
Title:
ATTEST:
Andrea Sanders, City Clerk