HomeMy WebLinkAboutCC Resolution 13354 - Agreement with Environmental Services, Inc.RESOLUTION NO.,13354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AGREEMENT WITH ENVIRONMENTAL SERVICES, INC. (ESI) TO
PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT EXCEED
$406,792, FOR THE COMPLETION OF THE CAMPBELL COMMUNITY CENTER
BUILDING A — HVAC CHILLER REPLACEMENT; AND ALLOW THE CITY TO
DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN
CAMPBELL MUNICIPAL CODE SECTION 3.20.030(3); AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL
MUNICIPAL CODE SECTION 3.20.100: AND AUTHORIZING THE FINANCE
DIRECTOR TO PERFORM THE ASSOCIATED BUDGET ADJUSTMENT
WHEREAS, Campbell Community Center hosts a variety of tenants from outside
organizations who rent office and classroom spaces for their own programs; and
WHEREAS, the operational demands have grown and have had a significant impact on
the Community Center Building A HVAC system — especially the chiller units; and
WHEREAS, the frequency and severity of repairs of the chiller units have also grown;
and
WHEREAS, when the chiller completely failed in August of 2025, the building's
temperatures rose significantly and required temporary swamp coolers to be placed to
help with air circulation; and
WHEREAS, the Community Center Building A is leased to Da Vinci Academy and the
lack of a functioning HVAC system has created poor indoor air quality, and an
uncomfortable climate for staff and students; and
WHEREAS, staff received a proposal from Environmental Services, Inc. (ESI) for the
equipment and labor service for new chiller units in the amount of $406,792; and
WHEREAS, due to the long delivery lead time of 20 to 24 weeks needed for acquiring the
chiller system, staff obtained the City Manager's approval to proceed with the equipment
order while staff seeks Council's authorization to proceed with the emergency work and
to allocate the necessary funds for the project; and
WHEREAS, staff recommends dispensing with the formal bidding procedure and
awarding an emergency service contract to ESI based on successful work history with
the City and as allowed by Campbell Municipal Code Section 3.20.030(3); and
WHEREAS, should the City Council approve the contract terms of service, staff requests
Council's authorization for the City Manager to subsequently execute said agreement as
specified in Campbell Municipal Code Section 3.20.100; and
WHEREAS, staff recommends the City Council to allocate $406,792 to the Public Works
Building Maintenance Operating Budget (101.780.7428) to proceed with the proposed
repairs and authorize the Finance Director to perform the associated budget adjustment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell
hereby: 1) approves a service contract with Environmental Services, Inc., (ESI), in the
amount not to exceed $406,792, for the equipment and labor services necessary to
replace the Campbell Community Center Building A — HVAC Chillers; 2) allows the City
to dispense with its formal bidding procedures as specified in Campbell Municipal Code
Section 3.20.030 for emergency situations requiring services to safeguard life, health,
and/or property; 3) authorizes the City Manager to execute said agreement specified in
Campbell Municipal Code Section 3.20.100; and 4) authorizes the Finance Director to
perform the associated budget adjustment.
PASSED AND ADOPTED this 2nd day of December 2025, by the following roll call
vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTT ST:
�aa
Andrea S ders, City Clerk
APPROV D:
Sergio Lopez or
September 22, 2025
City of Campbell
70 N. I st Streef
Campbell. CA 95008
Email:
Attention: Dave Fanucchi
Reference: Community Center- Bldg A Chiller Replacement
Quote: CAMP] 21-25 Rev I
Q
W1,'LYLW`S 01 KR.VVA
Environmental Systems, Inc. proposes to provide the labor and material to complete the following:
Remove and dispose- of two existing chillers and associated condensing units. Install new chillers
and condensing units to match existing equipment's tonnage and capacity. This is a
maintenance "like -in -kind" replacement. Structural drawings / food calculations are being
performed by others. The new condensers weigh less than the existing condensers
Pr000sed Work:
1, Recover existing refrigerant per EPA guidelines
2. Disconnect refrigerant piping
3. Disconnect water piping
4. Disconnect Line voltage electdcol
5. Provide rigging service for chiller and condenser replacement
6. Dispose of equipment per EPA guidelines
7. Instoll two (2) new condensers on the roof - Carrier remote condenser 20-60t
8. Install two (2) new chillers in the basement- Carrier 30MP Scroll Chiller
9. Re -pipe chilled water and refrigeration lines as required
10. Reconnect to existing electrical service
11, Evacuate refrigerant piping.on provide a static charge
12. Start and test system operations and note system charge levels
13. Provide factory start up and training
Vvice ley Z:iai7ol-a
Ovaei;m,�D klboa-tic'! ci or daw of %f
clorificatioj3
I. Ta(fl impacts will increase material price June Is' 10 25%
2. Standard equipment delivery 20-24 weeks *EXPEDITED Delivery 12-16 weeks
3, Traffic control, if required, will be provided by the City of Campbell
4. The chiller I bldg. cooling will be non -operational for approx. 10 days during the
replacement effort
5. The bldg. will need to be evacuated during the crone tiff for approx. 8 hrs.
6. All Work is quoted during normal business hours,
7. City to remove landscape conduit and wiring for installation of chillers
8. City to remove plants/trees/picnic toblesifencing as needed for chiller replacement
3353 DE LA CRUZ.BLVD. SANTA CLARA, CA 95054 TEL: (409) 980-1711 FAX: (408)477-7295 CCL0422471,
Environmental Systems Inc — General Terms and Conditions
SECTION 1. ENTIREAGREEMENT. The proposal on page 1, and these General Terms and Conditions
represents the entire agreement. Owner may issue a Purchase order for accounting purposes, but these
General terms and conditions will prevail.
SECTION 2. PAYMENT TERMS: Owner agrees to pay Environmental Systems Inc as follows: (A) 100%
upon completion of project. (8) Any other payment terms must be mutually agreed to in writing between
Owner and Environmental Systems Inc. (C) Progress payments based on amount of work completed
each month.
SECTION 3. CHANGES IN WORK. Contractorshall not be required to make any changes in the work
without a mutually agreed to written change order authorization which includes the new scope of work
and agreed to price. If Owner provides verbal direction, Owner agrees to follow up in writing within 5
days, but in no event shall verbal direction preclude Environmental Systems Inc from being reimbursed
for the change order work. Written changes will, not be required if Contractor acts in response to an
emergency situation.
SEC71ON 4, CLAIMS. If any dispute shall arise between Ownerand Contractor regarding performance of
the work, or any alleged change in the work, Contractor may perform the disputed work and shall submit a
notice of a claim for additional compensation for the work within ten (110) days after commencement of the
disputed work. Any and all claims -shall first be addressed in an Owner/Contractor meeting for resolution, It
that is unsuccessful, Contractor may request and Owner agrees to binding arbitration. SECTION 5.
GUARANTEE. Environmental Systems Inc guarantees and warrants all materials and workmanship and
agrees to replace at his sole cost and expense any and all materials adjudged defective or damaged from
said installation during a period of either (A) 30,days for repair work or (8) one year from completion for
installation of new equipment. These specifications shall control unless a greater period of guarantee is
provided by Equipment or material manufacturers.
SECTION 6. INSURANCE. Environmental Systems Inc shall, at its expense, procure limits and maintain
insurance an all of its operations. The following will be considered acceptable insurance requirements on
all projects, a. Workers Compensation and Employer's Liability insurance-, amounts as required by statute.
b. Comprehensive General Liability or Commercial General ,
Liability insurance covering all operations: $1,00. 1 0,000.00 c. Automobile Liability insurance, including
coverage for allow owned, hired and non-owned'automobiles; $1,000,000-00
All insurance coverages shall be in amounts and for duration of the project.
SECTION 7. INDEPENDENT CONTRACTOR. Environmental Systems Inc is an independent contractor
and not an agent for Owner
SECTION 6. ASBESTOS. Contractor agrees to stop work immediately and notify Owner should asbestos
or asbestos related products be discovered during the course of construction. Work will continue only after
the asbestos hazard has been abated.by Owner and the Owner has authorized work to be restarted. Any
such Asbestos remediation is not included in this Contract.
SECTION 9. SEVERABILITY. If any one or more of the provisions of this Agreement or the applicability
of any such Provision to a specific situation, is deemed invalid or unenforceable, then such provision shall
be modified to the minimum extent necessary to make it or its application valid or enforceable, and the
validity and enforceability of all other provisions of this agreement and all other applications of such
provisions, shall not be affected.
SECTION 10. JURISDICTION AND VENUE. Contractor and Owner agree that this contract shall be
construed in accordance with, and governed by, the laws of the State of California. The jurisdiction and
venue for any dispute arising from this contract shall be Santa Clara County, California.
SECTION 11. ATTORNEYS FEES. If any action is commenced between the parties hereto concerning
the project or enforcement of this Agreement. the prevailing party in such litigation shall be entitled to, in
addition to such other relief as may be granted, court costs, legal expenses,,a,nd reasonable attorneys'
fees.
CONTRACTORS ARE REQUIRED, BY LAW, TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE
BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEAR$ OF THE DATE OF THE ALLEGED VIOLATION, A
COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN
10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY oF
REFERRED TO THE REGISTRAR, CONTRACTORS! STATE LICENSE BOARD, and P.0. BOX 26000, SACRAMENTO.
CALIFORNIA 94826,
3353 DE LA CRUZ BLVD. SANTA CLARA. CA 95054 TEL: (409)990-1711 FAY: (408)477-7295CCLM22478
Page.? of 3
RESOLUTION NO. 13355
A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF CAMPBELL
AUTHORIZING A BUDGET ADJUSTMENT TO FUND MAINTENANCE AND REPAIR
PROJECTS AT THE HERITAGE THEATRE
WHEREAS, the Heritage Theatre opened to the public on February 14, 2004, and
continues to serve as a venue for professional productions, community performances,
cultural events, and corporate gatherings; and
WHEREAS, a Preservation and Enhancement Fee of one dollar per ticket (or per
attendee at non -ticketed events) is collected to fund major repairs, upgrades, and
equipment purchases that enhance the function and appearance of the Theatre; and
WHEREAS, staff has identified three projects necessary to maintain safety, code
compliance, and operational integrity of the Heritage Theatre, which are appropriate uses
of the Preservation and Enhancement Fund; and
WHEREAS, the identified projects include a rigging inspection; drapery cleaning and fire
retardant treatment; and motorized shade replacement.
WHEREAS, the total cost for all three projects is $26,982, which will be funded from the
Heritage Theatre Preservation and Enhancement Fund; and
WHEREAS, the Preservation and Enhancement Fund had an unaudited balance of
approximately $180,344 as of June 30, 2025, sufficient to cover the proposed
expenditures;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby authorizes a budget adjustment in the amount of $26,982 from the Heritage
Theatre Preservation and Enhancement Fund to fund the above -described maintenance
and repair projects at the Heritage Theatre.
PASSED AND ADOPTED this 2nd day of December, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Sergio Lopez, Mayor
ATTEST:
Andrea Sanders, City Clerk
City of Campbell
Request for Budget Adjustments
Department/Program
Division
Date
Request No.
Recreation
529 - Heritage Theatre
December 2, 2025
BA-9
Budget to be Reduced
Fund Program
Account Num er
Description
Amount
Budget to be Increased
Fund/Program
Account Number
Description
Amount
REVENUES
REVENUES
101.529
7430
Professional Services - Rigging Inspection, Drapery Cleaning, Fire
Retardant Treatment, and Moterized Shade Replacement
26,982.00
REASON FOR REQUEST - BE SPECIFIC:
To appropriate $26,982 towards maintenance and repair projects for the Heritage Theatre. These repairs will be funded by the
Heritage Theatre Preservation and Enhancement Fund.
Will Fuentes
Natasha Bissell
Brian Loventhal
Finance Director
Recreation and Community Svcs Director
City Manager
ORDINANCE NO. 2338
BEING AN, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CHAPTER 21.20 (DENSITY BONUSES AND OTHER HOUSING
INCENTIVES) OF THE CAMPBELL MUNICIPAL CODE TO IMPLEMENT
ASSEMBLY BILL 1287 (2023) AND ESTABLISH A LOCAL DENSITY BONUS
INCENTIVE TO ENCOURAGE THE PRODUCTION OF SMALL-SCALE HOUSING
UNITS IN FURTHERANCE OF PROGRAM H-1 M OF THE 2023-2031 HOUSING
ELEMENT. FILE NO. PLN-2025-135
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell does
ordain as follows:
SECTION 1. The City Council finds that this ordinance implements Housing Element Program
H-1 m by incentivizing smaller unit sizes to provide lower -cost housing choices, which specifies
that studios and one -bedroom units up to 625 square feet and single -room occupancy units up
to 400 square feet be counted as one-half unit for density purposes. This ordinance achieves
the same effect by granting one additional unit for each qualifying small unit, thereby
encouraging production of smaller, affordable -by -design housing types.
SECTION 2. The City Council further finds that this ordinance implements Housing Element
Program H-1 d by reinforcing the average maximum unit size policy. Program H-1 d establishes
a 1,250-square-foot average maximum for projects exceeding 45 dwelling units per acre, and
this ordinance incorporates that standard by limiting the size of bonus units.
SECTION 3. The City Council further finds that Government Code Section 65915(n) authorizes
local governments to adopt density bonus provisions that grant greater or proportionately lower
density bonuses than those required by state law, and that this ordinance is adopted pursuant
to that authority. Nothing in this ordinance is intended to reduce or otherwise constrain the
rights afforded by -Government Code Sections 65915 through 65918, and that the provisions
herein are offered as additional, voluntary local incentives.
SECTION 4. The City Council further finds that this ordinance aligns Chapter 21.20 with recent
amendments to state density bonus law enacted by Assembly Bill (AB) 1287 (2023), which
authorizes an additional "stacked" density bonus for qualifying housing development projects.
SECTION 5. The City Council further finds and determines that this ordinance is statutorily
exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.85, which applies to zoning changes implementing the schedule of actions
in the City's adopted Housing Element under Government Code Section 65583(c), and CEQA
Guidelines Section 15061(b)(3), as it can be seen with certainty that the ordinance will not
result in a significant environmental effect because it implements existing State law, AB 1287.
SECTION 6. The City Council further finds and determines that the proposed ordinance is
consistent with the goals, policies, and actions of the General Plan; would not be detrimental
to the public interest, health, safety, convenience, or general welfare of the city; and is internally
consistent with other applicable provisions of the Zoning Code.
Small -Scale Housing Unit Density Bonus Ordinance 2 of 5
SECTION 7. Section 21.20.020 (Definitions) of the Campbell Municipal Code is hereby
amended to add the following definition between the terms "Affordable rent" and "Base units"
to read as follows with underlining indicating new text:
"Affordable units" has the same meaning as "target units" in this Chapter.
SECTION 8. Section 21.20.020 (Definitions) of the Campbell Municipal Code_ is hereby
amended to add the following definition between the terms "Percentage density bonus" and
"Target Units" to read as follows with underlining indicating new text:
"Small-scale housing units" means studio and one -bedroom living units up to six_
hundred twenty-five (625) square feet of livable area and single room occupancy
(SRO) units up to four hundred (400) square feet of livable area For the purposes of
this definition, "livable area" shall have the same meaning as provided in Section
21.24.030 (Definitions), except that it shall refer to the interior livable area of each
individual dwelling unit.
SECTION 9. Section 21.20.040.B.1.a. of the Campbell Municipal Code is hereby amended to
read as follows with underlining indicating new text and strikeouts (strut) indicating deleted
text:
a. Summary table showing the maximum number of dwelling units permitted by the
zoning and general plan (excluding any density bonus unitsj, proposed affordable
units by income level, proposed bonus percentage, number of density bonus units
proposed, number of small-scale housing units (if applicable) total number of
dwelling units proposed on the site, and resulting density in units per acre;
SECTION 10. Section 21.20.050.A (Number of units) of the Campbell Municipal Code is hereby
amended to read as follows with underlining indicating new text and strikeouts (StFi, ut)
indicating deleted text:
A. Number of units. In determining the total number of bonus units to be granted, each
component of any density calculation, including base density and bonus density,
resulting in fractional units shall be separately rounded up to the next whole number.
When calculating the number of affordable units needed for a given density bonus,
any fractions of affordable dwelling units shall be rounded up to the next whole
number. Density bonus provided under Government Code Section 65915 and any
additional density bonus available under Government Code Section 65915(v) shall
each be calculated with reference to the base units, independentlyof one another,
and the resulting bonus amounts combined to determine the total number of
allowable density bonus units. Any additional density bonus authorized by this
Chapter shall be calculated separately and added to the State density bonus units
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Small -Scale Housing Unit Density Bonus Ordinance 3 of 5
SECTION 11. Section 21.20.050.13 of the Campbell Municipal Code is hereby amended to read
as follows with underlining indicating new text and strikeouts (c+r�ut) indicating deleted text:
B. Each housing development is entitled to only one density bonus, except as provided
in Government Code Section 65915(v) or in this Chapter. If a housing development
qualifies for a density bonus under more than one income category or additionally
for the category of housing to be provided, the applicant shall select the category
under which the density bonus is granted. Density bonuses from more than one
category may not be combined.
SECTION 12. Section 21.20.050 (Calculation) of the Campbell Municipal Code is hereby
amended to include a new subsection `F' with underlining indicating new text:
F. The number of base units shall be rounded down to the next whole number in
accordance with Section 21.02.020.D (Residential density) before adding the
number of allowable bonus units. The resultinq sum establishes the maximum
number of housing units permitted for the housing development protect.
SECTION 13. Section 21.20.060.13 (Local incentives) of the Campbell Municipal Code is
hereby amended to include a new subsection '3' with underlining indicating new text:
3. Density bonus for providing small-scale housing units. In accordance with Housing
Element Program H-1 m and pursuant to Government Code Section 65915(n). housing
development proiects incorporating small-scale housing units shall receive a local
density bonus, as specified herein, when meeting all the requirements of this section.
a. Project Eligibility. Housing development proiects seeking a density bonus for
providing small-scale housing units shall satisfy all the following requirements:
i.: Minimum density. The housing development proiect shall have a minimum
base density of 45 dwelling units per gross acre.
H. Average unit size. The average unit size of the housing development proiect
shall not exceed one thousand two hundred fifty (1,250) square feet,
consistent with Housing Element Program H-1 d. The average unit size shall
be calculated based on the livable area of all dwelling units, including bonus
units.
iii. Affordability. The housing development proiect shall comply with all
applicable requirements of Chapter 21.24 (Inclusionary Housing
Ordinance), including distributing the below -market -rate (BMR) units
Proportionally throughout the entire housing development, inclusive of all
density bonus units, consistent with Section 21.24.040.0 (Location and
distribution of affordable units), except that the density bonus units granted
under this subsection shall not themselves be subiect to the fifteen percent
(15%) affordability requirement.
Small -Scale Housina Unit Densitv Bonus Ordinance 4 of 5
iv. Adherence to requirements. The housing development shall not use State
Density Bonus Law, or any other State or Federal law, to relieve the project
from any of the requirements of this section.
b. Bonus units. For each one (1) new small-scale housing unit among the base units
provided, one (1) density bonus unit shall be granted. The number of bonus units
granted Dursuant to this subsection shall not exceed the number of base units in
the housing development protect.
c. Combination. A density bonus granted under this subsection may be combined
with the density bonus authorized by Government Code Section 65915(f), the
additional stacked bonus authorized by Section 65915(v), and the density bonus
authorized by Section 21.14,070 (Affordable Housing overlay/combining zoning
district). Bonus units granted pursuant to this subsection shall not be counted as
base units for quraoses of State Densitv Bonus Law or for anv other purpose.
d. Maintenance. Small-scale housing units used to obtain bonus units shall remain
configured as such for a minimum of fifty-five (55) years from issuance of certificate
of occupancy. The applicant shall record a covenant, in a form approved by the
City Attorney, prohibiting unit mergers or enlargements that would exceed the size
limits of a small-scale housing unit, as defined by Section 21.20.020 (Definitions),
durina this period.
e. Non -waiver. Compliance with the eligibility, bonus, affordability, and unit -size
requirements of this subsection is a condition of receiving the local density bonus.
No waiver of the provisions of this subsection shall be required pursuant to
Government Code Section 65915, and no incentive or concession shall be granted
for the purpose of modifying the requirements of this subsection.
SECTION 14. The local density bonus established by this ordinance may be exercised by an
applicant for any housing development application that was accepted for filing, deemed
complete, or the subject of a preliminary application pursuant to Government Code Section
65941.1 before the effective date of this ordinance. The Community Development Director may
apply this bonus to an approved housing development application if the conditions of approval
authorize administrative adjustments to unit counts consistent with this ordinance, provided no
increase to the approved building envelope (height, stories, floor area, or building footprint) is
required. Any change to the approved building envelope (height, stories, floor area, or building
footprint) shall require an amendment to the approved housing development application by the
original decision -making body.
SECTION 15. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.
The City Council hereby declares that it would have passed this ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
Small -Scale Housing Unit Density Bonus Ordinance 5 of 5
SECTION 16. This ordinance shall become effective thirty (30) days following its passage and
adoption and shall be published, one time within fifteen (15) days upon passage and adoption
in a newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 2nd day of December, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Sergio Lopez, Mayor
ATTEST:
Andrea Sanders, City Clerk
City of Campbell
Request for Budget Adjustments
Department/Program
Division
Date
Request No.
Community Development
708 - Building Maintenance
December 2, 2025
BA-8
Budget to be Reduced
Fund Program
Account Number
Description
Amount
Budget to be Increased
Fund/Program
Account Number
Description
Amount
REVENUES
REVENUES
101.780
7428
Building Maintenance - CCC Building A HVAC
406,792.00
REASON FOR REQUEST - BE SPECIFIC:
To appropriate $406,792 for the purchase of an HVAC chiller for the Campbell Community Center Building A.
Will Fuentes
Amy Olay
Brian Loventhal
Finance Director
Public Works Director
City Manager