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transformer's components have become severely outdated and/or obsolete — causing the system to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
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EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A—SCOPE OF WORK,a\.
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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
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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.
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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.
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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
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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.
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CONTRACTOR:" CITY OF CAMPBELL
By: By:
Title: / Title:
/
Contractor License No.: