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CC Resolution 13072 - Agreement with Cupertino Electric for the CC Transformer Replacement Project (CIP No. 23-AA) RESOLUTION NO. 13072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH CUPERTINO ELECTRIC, INC., IN AN AMOUNT NOT TO EXCEED $197,801, TO PROVIDE EQUIPMENT AND LABOR SERVICES FOR THE COMMUNITY CENTER TRANSFORMER REPLACEMENT PROJECT (CIP NO. 23-AA), IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN CALIFORNIA.PUBLIC CONTRACTS CODE (PCC) SECTIONS 21068, 22035, AND 22050, WHICH REQUIRE A 4/5 VOTE FROM THE GOVERNING BODY TO AWARD A CONTRACT FOR A PUBLIC PROJECT WORTH $200,000 OR LESS, AND ALLOWS THE CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.050, AND 3.20.030(3) FOR EMERGENCY SITUATIONS NECESSITATING SERVICES TO SAFEGUARD LIFE, HEALTH, AND/OR PROPERTY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.100. WHEREAS, among the Campbell Community Center's oldest mechanical systems are the electrical transformer, switch gear, and breakers that provide electrical power to Buildings A and B, the Heritage Theatre, and the Q-Wing classrooms; and WHEREAS, installed approximately 70 years ago in the basement of Building A, many of the transformer's components have become severely outdated and/or obsolete — causing the system to operate less efficiently and raising concerns for potential hazards due to its lack of critical safety features; and WHEREAS, with repairs increasing in cost and frequency, a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer(Community Center Transformer Replacement, CIP Project No. 23-AA), with $200k allocated to the project's budget; and WHEREAS, between 2018 and 2019, staff collaborated with PG&E and Cupertino Electric to develop a scope of work and conduct studies to provide additional information for staff's use during the planning and development stages; and WHEREAS, in early 2020, the onset of the COVID-19 pandemic halted staffs efforts as many of the City's current (and upcoming) projects were put on hold due to the social distancing protocols; and WHEREAS, as COVID restrictions were lifted in mid-2022, staff revisited its original project plans — contacting PG&E to evaluate the electrical load capacity for potential sites of the new transformer and Cupertino Electric for assistance with the design details of this new location; and WHEREAS, in October 2023, while conducting routine meter readings in,the basement of Building A, staff detected a crackling noise coming from the transformer and noticed one of its electrodes creating a small arc of electricity, prompting staff to immediately notify PG&E; and WHEREAS, after performing an on-site assessment, PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property; and WHEREAS, with the threat of potential hazards and critical service disruptions, staff decided to expedite the implementation of the Transformer Replacement Project; and WHEREAS, with specialized equipment and labor services needed to resume these efforts, staff re- contacted Cupertino Electric to request a proposal for the necessary services to complete the transformer replacement project in a timely and efficient manner; and WHEREAS,the circumstances prompting staffs request also permitted the dispensation of the City's formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.030(3) which authorizes this exemption when 'an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050'; and WHEREAS, in response to the City's request, Cupertino Electric submitted a proposal to provide the necessary labor and equipment to complete the site preparations and subsequent transformer installation, for a total contract amount of$197,801; and WHEREAS, in accordance with the procedures set forth in California Public Contracts Code (PCC) Sections 21068, 22035, and 22050, a 4/5 vote from the agency's governing body is required to award a contract for public projects totaling $200,000 or less; and WHEREAS, based on the state's requirements, staff recommends that the City Council approve an agreement with Cupertino Electric, in an amount not to exceed $197,801, to provide services as outlined in the proposed scope of work, and thereby expediting PG&E's subsequent decommission of the old transformer; and WHEREAS, sufficient funding is available in the City's adopted CIP budget for: 'Community Center Transformer Replacement (Project No. 23-AA),' to commence services during FY 2023/24 in accordance with the proposed agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23-AA), in accordance with the procedures set forth in California Public Contract Code (PCC) Sections 21068, 22035, and 22050 which require a 4/5 vote from the governing body to award a contract for a public project worth $200,000 or less, and allows the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.505, and 3.20.030(3)for emergency situations necessitating services to safeguard life, health, and/or property; and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100. PASSED AND ADOPTED this 7th day of November, 2023, by the following roll call vote: AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Anne Bybee, ayor ATTEST: i /I(JO.Y-A Andrea Sanders, CiClerk CONTRACT SERVICES AGREEMENT CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CA 95008 (408) 866-2150 BY THIS AGREEMENT made and entered into on the day of OCTOBER , 20 23 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and (Name) CUPERTINO ELECTRIC , (Address) 1132 N SEVENTH STREET , (City) SAN JOSE , (State) CA , (Zip) 95112' , (Phone (408)77.1-6747 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: INSTALLATION OF THE CAMPBELL,'COMMUNITY CENTER ELECTRICAL TRANSFORMER LOCATED AT BUILDING A v d EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A—SCOPE OF WORK,a\. a TERMS: The services and/or materials furnished under this'Agreement shall commence on TBD and shall be completed before' 6/30/2024 COMPENSATION: For the full`performance''of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount hot to exceeds ` 197900.00, ' , unless authorized otherwise by City. GENERAL TERMS AND CONDITIONS: Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its-subject matter. If any provision in this Agreement is held by any court or trier of fact to be invalid,void,or unenforceable,the remaining provisions shall nevertheless continue in full force. Hold Harmless: With respect ;`to any design professional services provided by CONTRACTOR, the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions,causes of action, losses,damages, costs and liabilities of every nature, including all costs of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to have been caused by or arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of the Contractor, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein. With respect to all matters other than those covered by the foregoing paragraph, CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole AGREEMENT PAGE 2 GENERAL TERMS AND CONDITIONS (CONT.): negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein. In the event that this contract is subject to California Civil Code section 2782(b),the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City. The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement. City Business License: CONTRACTOR doing work in the City of Campbell/shall have a valid City of Campbell Business License. Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide/the following before commencing any services under this agreement. f • GENERAL LIABILITY INSURANCE: CONTRACTORashall provide'commercial general liability, broad form general liability and business automobile liability insurance in connection with the CONTRACTOR'S performance, in the amount of not less than $1,000,000 per,,occurrence. If Commercial General Liability Insurance or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project/location, or the general.aggregate limit shall'be twice the required occurrence limit. Liability policies shall be endorsed to name CITY,Its-ofcers,volunteers and employees as "insureds" under said insurance coverage and to state that such insurance shall be deemed"primary"such that any other insurance that may be carried by CITY shall be excess thereto:,Such,iisuranceshall be on an"occurrence,"not a"claims made,"basis and shall not be cancelable:or subject to, except upon thirty(30)days prior written notice to CITY(10-day notice for non-payment o`T premium):,Endorsements shall be provided by or acceptable to the CITY. WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall maintain Workers''Compensation and Employers Liability insurance for all of its employees who are in anyway-connected with performance of these services. The Workers'Compensation Insurance shall comply,^with all applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000 The CONTRACTOR shall'agree to waive all rights of subrogation against the City, its officers, officials,employees and volunteers for`"losses arising from work performed by the Contractor for the City. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City when,the City is'named as an additional insured pursuant to this Agreement. Furthermore, the requirements for coverage and limits shall be(1)the minimum coverage limits specified in this Agreement, or (2)the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever affords greater coverage. CERTIFICATES OF INSURANCE: CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated,evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory evidence of said coverage shall be required within ten(10) days of award of contract. Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin, ancestry,religion or sex of such person. AGREEMENT PAGE 3 GENERAL TERMS AND CONDITIONS (CONT.): Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY. Public Works Projects: In the event this Agreement requires the CONTRACTOR to provide services within the definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and conditions stated below shall be in full force and effect. ARTICLE I. The general prevailing wage rates 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. • ARTICLE II. In accordance with the provisions of Section,3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation tohis'orher employees. ARTICLE III. By my signature below, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake-self insurance in accordance with such provisions of that Code,and I will comply with such.provisions before commencing the performance of the work of this Agreement. _ w ARTICLE IV. The improvement contemplated in the performance of this Agreement 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 Agreement whenever the-CITY, at its sole discretion, shall determine that its responsibility to the United States or the State ofCalifornia so requires. ARTICLE V. The 'CONTRACTOR agrees to receive and accept the prices indicated in the CONTRACTOR's signed'Proposal asjull compensation for furnishing all materials and for doing all the work completed and embraced in this Agreement;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 of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Engineer under them. ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records. ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices. • ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours. ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four(4)feet below the surface. AGREEMENT PAGE 4 GENERAL TERMS AND CONDITIONS(CONT.): ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of working day's prescribed, in the amount of$_TBD per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project,when such a delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215. Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages. �``a Mr Termination: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement at any time,with or without cause, in its sole discretion,by giving notice in writing to CONTRACTOR of such termination. In the event of such termination, CONTRACTOR shall have the right'and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning'over all materials and documents to CITY. In the event of such termination, CONTRACTORshall`be compensated for all work and services performed to the point of termination in accordance with the payment provisions-set forth in Section 2.1, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR COORDINATOR and representative for CITY shall be: NAME: DAVID FANUCCHI DEPARTMENT: Public Works This Agreement shall become effective upon its execution by,,CITY,in witness thereof,the parties have executed this Agreement the day and year first written above. Fa CONTRACTOR:" CITY OF CAMPBELL By: By: Title: / Title: / Contractor License No.: