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CC Resolution 13098 - Accept CC Transformer Replacement Project 23-AA and File Notice of Completion RESOLUTION NO. 13098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING THE COMMUNITY CENTER TRANSFORMER REPLACEMENT PROJECT NO. 23-AA AND DIRECTING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO FILE THE NOTICE OF COMPLETION WHEREAS, in June 2018, the City Council approved the Community Center Transformer Replacement Project (No. 23-AA) as part of the City's Capital Improvement Plan (CIP) for Fiscal Years 2019 — 2023, with $200,000 allocated to the project from the City's CIP Reserve (CIPR) Fund; and WHEREAS, between 2019 and 2020, staff from the Public Works Building Maintenance Division contacted PG&E and Cupertino Electric, Inc., to assist with developing a scope of work for the project and provide diagnostic tools to help staff identify an ideal location for the installation of a new transformer; and WHEREAS, in early 2020, the project was placed on hold due to the onset of the COVID- 19 pandemic and the several health and safety mandates in effect at the time; and WHEREAS, as COVID restrictions began lifting in mid-2022, staff revisited their original scope of work for the Transformer Replacement Project and contacted PG&E to resume discussions on the transformer's relocation plans; and WHEREAS, the results from an electrical load capacity test later performed by PG&E allowed staff to identify a site on Building A's northerly side that could handle the electrical load transfer and would make an ideal location for the new transformer; and WHEREAS, in May 2023, staff contacted Cupertino Electric to assist with the design details for the new location and any site modifications required; and WHEREAS, in October 2023, while conducting routine meter readings in the basement of Building A, Building Maintenance staff contacted PG&E to report a crackling noise that was heard coming from the transformer and witnessing a small arc of electricity being created by one of its electrodes; 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— including the risks for potential hazards if it remained in operation for extended periods of time; and WHEREAS, with the health and safety of the public as their primary consideration, staff decided to expedite the implementation of the Transformer Replacement Project and requested a quote from Cupertino Electric for the necessary services to resume these efforts; and WHEREAS, with sufficient funding available to cover the proposed quote amount ($197,801), staff directed Cupertino Electric to begin the on-site work, while a report would be prepared and presented to the City Council during their next regularly scheduled meeting; and WHEREAS, while the report was being written, much of the work at the Community Center was already underway as the project's timeline was driven by the availability of PG&E resources and the urgency to decommission the old transformer; and WHEREAS, on November 7, 2023, the City Council adopted Resolution No. 13072 — approving and authorizing an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide the services necessary to complete the Community Center Transformer Replacement project and to dispense with the City's formal bidding procedures for their procurement, as permitted by Campbell Municipal Code (CMC) § 3.20.030(3) and the exemptions granted for services procured in response to emergency situations; and WHEREAS, construction for the Community Center Transformer Project began on October 17, 2023, and was completed on October 27, 2023; and WHEREAS, in accordance with the project's plans and specifications, Cupertino Electric completed the following during its construction: removal of the existing electrical transformer, installation of a 225KVA transformer and 800 amps switchboard, and trenching for underground electrical feeder and concrete transformer pad; and WHEREAS, upon its completion, the project's total costs were $197,801; and WHEREAS, based on its current CIP budget of $200,000, the balance of $2,199 in unspent project funds will be returned to the CIPR Fund and applied towards other improvement projects as programmed in the City's current CIP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the work completed for the Community Center Transformer Replacement Project No. 23-AA and directs the Public Works Director or designee to file a Notice of Completion. PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: _5 corn • ATTEST: Susan M. Lan , Mayor aneka amoluz Andrea Sane rs, City Clerk Recording Requested by and when recorded,mail to: City of Campbell City Clerk's Office 70 North First Street,City Hall—Upper Level Campbell,CA 95008 (408)866-2150 ov•r:,t�,�n CITY OF CAMPBELL '''-'" . NOTICE OF COMPLETION AND ACCEPTANCE _:- °•;."- , OF PUBLIC WORKS CONTRACT (C.C.C. 3093) �- °0,,IIA"''• This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California. Contractor's Name: Cupertino Electric Contract Date:10/20/2023 1 Surety: American Zurich Insurance Company Final Contract Amount: $197,900 Job Title: Installation of Electrical Transformer at the Campbell CommunityCentetJ Bldg. A pg Location: Campbell Community Center Bldg.A Scope of Work: Remove and replace Electrical Transformer that feeds power to Bldg.A,B,the Heritage Theater and the Q—Wing Classrooms Owner: City of Campbell, City Hall,70 North Street, Campbell, CA 95008 1 This work was accepted by me on ,2022, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5) Executed on (Select Date), at Campbell, California Ron Taormina, Public Works Superintendent Department of Public Works City of Campbell Revised 1/23/17 • • CONTRACT SERVICES AGREEMENT CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL,CA 95008 (408) 866-2150 BY THIS AGREEMENT made and entered into on the day of OCTOBER , 20 23 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and (Name) CUPERTINO ELECTRIC ,(Address) 1132 N SEVENTH STREET , (City) SAN JOSE ,(State) CA,(Zip) 95112: , (Phone (408)77.1-6747 . (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/Or materials: INSTALLATION OF THE CAMPBELL/COMMUNITY CENTER ELECTRICAL TRANSFORMER LOCATED AT BUILDING A r." • EXHIBITS: The following attached exhibits hereby are made..part ofthis Agreement: EXHIBIT A—SCOPE OF WORK • �.` TERMS: The services and/or materials furnished under'this Agreement shall commence on TBD and shall be completed before 6/30/2024=.: COMPENSATION: For the.fail`performance 1of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount not to.exceed:•$: ``-; 19,7 900.0Orr' , unless authorized otherwise by City. J , 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 td be invalid,void,dr 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;cause's 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 provide4he following before commencing any services under this agreement. .%. ,, GENERAL LIABILITY INSURANCE: CONTRACTOR;shall provide"commercial general liability, broad form general liability and business automobile liability insuran e,_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,'eittier 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 CI;TX,its-officers,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,insurance.sliall be on an"occurrence,"not a"claims made,"basis and shall not be cancelable:or subject'•to'reduction except upon thirty(30)days prior written notice to CITY(10-day notice for nonpayment:o 1 m):premiu ,Endorsements shall be provided by or acceptable to the CITY. % EMP ', , WORKERS'COMPENSATION ANI)EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall riiaintain Woikeis'''Compensation and Employers Liability insurance for all of its employees.who are in any Wayconnected with performance of these services. The Workers'Compensation Insurance shall.comply;wth:alI applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000:. ;The CONTRACTOR sliall'-agree to waive all rights of subrogation against the City, its officers, officials;etriployees and volunteers for losses arising from work performed by the Contractorfor 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.;die.„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 t6 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 rninirnirm 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 to'.his'or her 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.provisionsbefore commencing the performance of the work of this Agreement 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-of California so requires. ARTICLE V:- 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'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 of 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. • AGREEM ENT 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 Iiquidated 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. `• .. / ;r 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 theright/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, CONTRACTOR.Jshall-be.compensated\foi-.all work and services performed to the point of termination in accordance with the payment provisioris-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 `:.:_i ?.: • DEPARTMENT: Public Works This Agreement shall become.effective upon its°executionby.,CITY,in witness thereof,the parties have executed this Agreement the day and year first:writtenralioVe: --y= , CONTRACTOR: CITY OF CAMPBELL • By: ' By: Title: Title: -' s` Contractor License No.: •