HomeMy WebLinkAboutItem 5d. Award Construction Contract to Edwards Construction Group, Inc. for the Roofing Replacement at Fire Station 1 Project Item 5d
Department: Public Works
Cost Center: 5005
For Agenda of: 9/6/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Nathan Garcia Nava, Engineer I
SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR THE ROOFING
REPLACEMENT AT FIRE STATION 1 ADMINISTRATION AND FLEET
MAINTENANCE PROJECT, SPECIFICATION NUMBER 1000172
RECOMMENDATION
1. Award a Construction Contract to Edwards Construction Group, Inc. in the amount of
$492,836 for the Roofing Replacement at Fire Station 1 Administration and Fleet
Maintenance Project, Specification Number 1000172; and
2. Appropriate $350,000 from the Capital Projects Reserve Fund to the Major Facilities
Maintenance – Annual Asset Maintenance Account (1000075-16); and
3. Authorize the City Engineer to issue change orders up to the available project budget;
and
4. Authorize the Finance Director to return unspent Capital Reserve funding to the
Capital Projects Reserve Fund balance after project completion; and
5. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support
the Roofing Replacement at Fire Station 1 Administration and Fleet Maintenance,
Specification Number 1000172.”
POLICY CONTEXT
On July 6, 2021, City Council authorized the invitation of bids for the Roofing Replacement
at Fire Station 1 Administration & Fleet Maintenance. As stated in the report, the project
contract must be awarded by Council if the construction bids are higher than the publicly
disclosed funding limit.
The recommended actions for award and fund appropriation are supported by the City
Council’s adopted Capital Improvement Plan as well as its Fund Balance and Reserve
Policy. The City’s Fund Balance and Reserve Policy was adopted in June 2021 and
includes guidelines related to the Capital Projects Reserve Fund, as follows:
The City will maintain a committed reserve of 20% of capital improvement
plan budget from the Local Revenue Measure for the purposes of offsetting
unanticipated cost increases, unforeseen conditions, and urgent
unanticipated projects to provide continued investment in infrastructure
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Item 5d
maintenance and enhancement. Use and allocations of funds from the
Capital Projects Reserve Fund will be made to Capital Projects including
Major Facility Replacement upon Council approval as necessary during any
fiscal year.
The recommended use of the Reserve to supplement the Roofing Replacement at Fire
Station 1 Administration and Fleet Maintenance project is consistent with this policy.
DISCUSSION
Background
This project includes replacing the deteriorating roof on the Fire Station #1 Administrative
and Maintenance Buildings. Constructed in 1996, Fire Station #1 is the main campus for
the Fire Department and houses Fire Department Administrative personnel and shift
firefighters for service areas #1. The roofing system has not undergone extensive
maintenance or replacement projects since the facility was constructed 25 years ago.
Over its service life, minor and localized repairs have been completed, but due to the age
of the existing roofing system minor maintenance is no longer effective and the roof needs
a full replacement. The 2021-23 Financial Plan budgeted construction funding for
replacement of the roofing system. On July 6, 2021, City Council authorized the invitation
of bids for the Roofing Replacement at Fire Station 1 Administration & Fleet Maintenance.
On August 17, 2021, a bid opening was held where two bids were received. The two bids
were well over the engineer’s estimate of $400,000, leading the City to reject all bids and
pursue readvertisement of the project at a later date (Attachment A). The project went out
to advertise again on April 28, 2022, and a bid opening was held where no bids were
received. Based on input from interested contractors and Building Maintenance Staff, the
project plans and special provisions were revised for readvertisement of the project.
The project went out to bid a third time with a publicly disclosed funding limit of $430,000
and on July 28, 2022, a bid opening was held and two bids were received (Attachment
B).
The lowest bidder was Wicks Roofing Inc., but their bid was determined by staff to be
non-responsive as it was not submitted on City Bid Forms as required by the Notice to
Bidders and bid submission requirements of the City Standards. Wicks was informed
about the City’s determination that the bid was non-responsive and was given five days
to respond with information on why their bid should be considered responsive
(Attachment C). Wicks Roofing did not provide additional information.
The second bid package was submitted by Edwards Construction Group, Inc. After
reviewing their bid package, staff determined there were two minor discrepancies in the
bid forms. The Contractor failed to provide unit prices for each bid item and references
provided were completed under a different affiliated company (Attachment D).
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Item 5d
Staff informed the contractor of these irregularities, and the unit prices will be based on
the total prices provided in the bid forms. City staff recommends waiving these
irregularities and awarding the contract to Edwards Construction Group, Inc.
Table 1: Bid Results from third bid opening 07/28/2022
Publicly Disclosed
Funding
Wicks Roofing, Inc. Edwards Construction
Group, Inc
$430,000 Non-responsive $492,836
The proposal from Edwards Construction Group, Inc. exceeded the Publicly Disclosed
Funding Limit of $430,000. Although the bid was over the funding limit, staff is
recommending award of the agreement (Attachment E) and allocating an additional
$150,000 to the project from the Capital Projects Reserve Fund balance as shown in
Fiscal Impact Section of this report to avoid further cost increases (as Council is aware
materials and costs are going up rapidly and further delay in this project is not anticipated
to result in reduced bids).
Previous Council or Advisory Body Action
On June 1, 2021, Council adopted its 2021-23Financial Plan and the Fund Balance and
Reserve Policy.
On July 6, 2021, City Council authorized the invitation of bids for the Roofing Replacement
at Fire Station 1 Administration & Fleet Maintenance.
Public Engagement
This capital project was included in the Financial Plan adopted budget meeting on June
1, 2021, at which time the public was provided an opportunity to review and comment
upon all capital projects.
CONCURRENCE
A building permit application was submitted to the Community Development Department’s
Building Division in June 2021. Building permits will be obtained prior to the start of
construction and will be issued to the Contractor following the award of a construction
contract. All comments and conditions associated with the building and safety review of
the project have been incorporated into the design of the project. Public Works Facilities
Maintenance Division and the Fire Department concur with the recommendations of this
report.
ENVIRONMENTAL REVIEW
The Community Development Department has issued a Notice of Exemption pursuant
to Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act
Guidelines.
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Item 5d
FISCAL IMPACT
The project was budgeted for design during the 2019-21 Financial Plan, with additional
funding allocated for construction during the 2021-23 Financial Plan. The remaining
budget in the project account is approximately $297,000. With authorization to advertise
the project, staff received approval from City Council to appropriate $200,000 from the
Capital Projects Reserve Fund to support the anticipated structural repair work associated
with the unexpected water damage to the roof’s structural members, with the intention to
appropriate the funding upon project award. Due to the current bid price, staff is
requesting an additional $150,000 be appropriated to the project from the Capital Projects
Reserve Fund to offset the increased project cost. Therefore, the total Capital Projects
Reserve Fund appropriation recommendation is $350,000 (Attachment F).
The Capital Projects Reserve Fund has a current balance of $1,901,708 (as of 8/9/2022).
Concurrent with this project request (same Council meeting agenda) is a request to
support the Railroad Safety Trail Fencing (Item 5f) Project with a funding amount of
$380,000 from the Reserve Fund account.
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund:
Major Facility
Repl Fund -
LRM
$297,000 $0 N/A
State
Federal
Fees
Other: Capital
Projects
Reserve Fund
$1,901,708 $350,000 $1,551,708
Total $2,198,708 $350,000* $1,551,708**
*Staff is requesting an additional $150,000 be allocated to the project from the Capital Projects Reserve
in addition to the previously authorized fund $200,000 for a total of $350,000.
**The remaining balance indicated here does not reflect the Capital Reserve balance if Council approves
Item 5f. If both items are approved, the available Capital Reserve Fund Balance will be $1,171,708.
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Item 5d
Project Total Costs
Bid Total:$492,836
Construction Contingencies (25%)$120,000
Total for Construction $612,836
Materials Testing:$4,664
Construction Support:$15,000
Printing:$500
Total Project Cost $633,000
Current 1000075-16 Balance:$297,000
Unappropriated Capital Projects
Reserve Fund Balance $1,901,708
*Requested Funding from the
Capital Projects Reserve Fund $350,000
Remaining Funds in the Capital
Projects Reserve Fund $1,551,708
Post Project 1000075-16 Balance $14,000
Roofing Replacement at Fire Station 1 Administration and Fleet
Maintenance, Specification No. 1000172-16
*This request includes the previously approved amount of
$200,000 for the project.
ALTERNATIVES
Deny awarding project and additional funds. Denying award and authorization for
additional funds is not recommended as the Fire Station #1 Roof is deteriorated and
requires maintenance to prevent further damage. Additionally, delay of the project would
result in higher construction costs due to rising labor and materials cost.
ATTACHMENTS
A - City Manager Report to Re-advertise Roofing Replacement at Fire Station 1
B - 1000172 Bid Results - Roofing Replacement at Fire Station 1
C - 1000172 Bid Responsiveness Letter – Wicks
D - Edwards Construction Group and Vernon Edwards Constructors, Inc Affiliation
E - Draft Agreement with Edwards Construction Group, Inc.
F - Draft Resolution authorizing Use of Capital Projects Reserve Fund for Specification
Number 1000075-16
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Item # Item Description Unit of Measure Estimated QuantityItem Price Total1Simpson MST60 Strap EA 20$4,401 2Simpson Strong-Tie ST6224 EA 40$8,089 3HVAC Disconnect / Reconnect LS --- ---$1,784 4Demolition SQFT 10,064$29,984 5Damaged Roof Sheathing Replacement SQFT 3,200$27,290 6Replace Insulation SQFT 3,200$5,948 7Roofing SQFT 10,064$249,030 8Walkway Mats LF 277$6,840 9Sheet Metal Flashing, Trim and Joint Sealants LF 891$22,091 10New Copper Copping Cap ALLOWANCE LF 150$10,706 11Skylights EA 14$19,831 12Structural Repairs per Detail SR-01 LF 32$4,045 13Structural Repairs per Detail SR-02 Option 1 LF 180$14,215 14Structural Repairs per Detail SR-02 Option 2 LF 100$9,814 15Contractor Coordination LS ---$78,768 $492,836.00 ***A BID PACKAGE WAS RECEIVED FROM WICKS ROOFING, INC. BUT WAS DISQUAILIFED AS IT DID NOT CONFORM TO CITY STANDARD SECTION 2-1.33 "BID DOCCUMENTS COMPLETION AND SUBMITTAL". ROOFING REPLACEMENT AT FIRE STATION 1 ADMINISTRATION AND FLEET MAINTENANCE, SPECIFICATION NUMBER 1000172Total Bid AmountBid Opening: 07/28/2022Edwards Construction Group, IncPage 67 of 145
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City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org
August 3, 2022
Wicks Roofing, Inc
Jim Hughes
2170 Hutton Road
Nipomo, CA 93444
Subject: Roofing Replacement at Fire Station 1 Administration and Fleet Maintenance,
Specification No. 1000172
On July 28, 2022 bids were opened for the “Roofing Replacement at Fire Station 1 Administration
and Fleet Maintenance,” Specification No. 1000172 (“Project”). The Project will replace the
deteriorated roofing system on the Fire station #1 Administration and Fleet Maintenance buildings
with a new system. Staff reviewed Wicks Roofing Inc.’s (Wicks) proposal and determined that it
was non-responsive as the proposal did not include the bid forms and did not meet the
requirements listed in the Notice to Bidders. Specifically, the proposal submitted was not in
compliance with City Standard Section 2-1.33 as identified below:
Submit bids as directed in the Notice to Bidders. Furnish bid using blank forms provided in
the Special Provisions. Subcontractor List and percentage of each item subcontracted must
be provided with the bid, on the List of Subcontractors forms provided.
No bid will be considered unless accompanied by one of the following:
a) Certified check
b) Cashier’s Check
c) Bidder Bond must comply with Section 2-1.34
You have an opportunity to comment upon this determination. Wicks may submit written material
to the City explaining why its bid should be considered responsive no later than 5:00 PM,
Wednesday August 10, 2022. If submitted, the written materials will be evaluated and provided to
the City Council for consideration. The City Council will make the final decision at its regularly
scheduled meeting on September 6, 2022.
Sincerely,
Nathan Garcia Nava
Engineer I
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AGREEMENT
THIS AGREEMENT, made on , by and between the
City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County,
California (hereinafter called the Owner) and EDWARDS CONSTRUCTION GROUP, INC.
(hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
ROOFING REPLACEMENT AT FIRE STATION 1 ADMINISTRATION AND FLEET
MAINTENANCE SPEC NO. 1000172
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1 Simpson MST60 Strap EA 20 $220.05 $4,401
2 Simpson Strong-Tie ST6224 EA 40 $202.23 $8,089
3 HVAC Disconnect / Reconnect LS 1 $1,784.00 $1,784
4 Demolition SQFT 10,064 $2.98 $29,984
5 Damaged Roof Sheathing
Replacement SQFT 3,200 $8.53 $27,290
6 Replace Insulation SQFT 3,200 $1.86 $5,948
7 Roofing SQFT 10,064 $24.74 $249,030
8 Walkway Mats LF 277 $24.69 $6,840
9 Sheet Metal Flashing, Trim and
Joint Sealants LF 891 $24.79 $22,091
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492,836.00
10 New Copper Copping Cap
ALLOWANCE LF 150 $71.37 $10,706
11 Skylights EA 14 $1,416.50 $19,831
12 Structural Repairs per Detail
SR-01 LF 32 $126.41 $4,045
13 Structural Repairs per Detail
SR-02 Option 1 LF 180 $78.97 $14,215
14 Structural Repairs per Detail
SR-02 Option 2 LF 100 $98.14 $9,814
15 Contractor Coordination LS 1 $78,768.00 $78,768
BID TOTAL: $
Payments are to be made to the Contractor in compliance with an d subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
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ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of AGENCY, provided such active negligence is
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determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where the City is shown to have been actively negligent and where
the City’s active negligence accounts for only a percentage of the liability involved, the
obligation of the Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of the City.
ARTICLE V. 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 of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
ATTEST: CITY OF SAN LUIS OBISPO
A Municipal Corporation
Teresa Purrington, City Clerk Erica A. Stewart, Mayor
APPROVED AS TO FORM CONTRACTOR:
Edwards Construction Group, Inc.
J. Christine Dietrick
City Attorney
Brad Thomas Edwards
Chief Executive Officer
Ryan Christopher Edwards
Secretary
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R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS
RESERVE FUND TO SUPPORT THE ROOFING REPLACEMENT AT
FIRE STATION 1 ADMINISTRATION AND FLEET MAINTENANCE,
SPECIFICATION NUMBER 1000172
WHEREAS, in June of 2021, City Council approved the 2021-23 Financial Plan –
Capital Improvement Program, which identified the Roofing Replacement at Fire Station
1 Administration and Fleet Maintenance (Project) with the current budget of $297,000 to
support implementation of the work; and
WHEREAS, in July of 2021, City Council approved the use of $200,000 from the
Capital Projects Reserve Fund to support construction work for the Project upon award of
the contract; and
WHEREAS, to provide funding to support the total construction contract for the
Project, staff is recommending City Council approve the use of an additional $150,000 from
the Capital Projects Reserve Fund; and
WHEREAS, staff is recommending the total funding amount of $350,000 from the
Capital Reserve fund to support construction of the Project; and
WHEREAS, a balance of approximately $1.9 million is available from the Capital
Projects Reserve Fund that does not account for the $200,000 previously approved by
City Council in July 2021.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to transfer $350,000 from the
Capital Projects Reserve Fund to the Roofing Replacement at Fire Station 1
Administration and Fleet Maintenance project account 1000075-16.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2022.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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