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)
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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
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Surety: American Zurich Insurance Company Final Contract
Amount: $197,900
Job Title: Installation of Electrical Transformer at the Campbell CommunityCentetJ Bldg. A
pg
Location: Campbell Community Center Bldg.A
Scope of Work: Remove and replace Electrical Transformer that feeds power to Bldg.A,B,the Heritage Theater
and the Q—Wing Classrooms
Owner: City of Campbell, City Hall,70 North Street, Campbell, CA 95008
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This work was accepted by me on ,2022, on behalf of the City of Campbell. I certify under penalty of
perjury that the foregoing is true and correct. (C.C.P. 2015.5)
Executed on (Select Date),
at Campbell, California
Ron Taormina, Public Works Superintendent
Department of Public Works
City of Campbell
Revised 1/23/17
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CONTRACT SERVICES AGREEMENT
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL,CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the day of OCTOBER , 20
23 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and (Name)
CUPERTINO ELECTRIC ,(Address) 1132 N SEVENTH STREET
, (City) SAN JOSE ,(State) CA,(Zip) 95112: , (Phone
(408)77.1-6747 . (hereinafter referred to as CONTRACTOR), in consideration of their
mutual covenants,the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/Or materials:
INSTALLATION OF THE CAMPBELL/COMMUNITY CENTER ELECTRICAL
TRANSFORMER LOCATED AT BUILDING A
r."
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EXHIBITS: The following attached exhibits hereby are made..part ofthis Agreement:
EXHIBIT A—SCOPE OF WORK
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TERMS: The services and/or materials furnished under'this Agreement shall commence on TBD
and shall be completed before 6/30/2024=.:
COMPENSATION: For the.fail`performance 1of this Agreement, CITY shall pay CONTRACTOR on a time and
materials basis in an amount not to.exceed:•$: ``-; 19,7 900.0Orr' , unless authorized otherwise by City.
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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.
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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
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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.
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AGREEM ENT
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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. `• ..
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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 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:
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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
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By: ' By:
Title: Title:
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Contractor License No.: •