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CC Resolution 13046 - Agreement with Burr Plumbing for Gas Line Repairs CCC RESOLUTION NO. 13046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH BURR PLUMBING TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $290,180, FOR COMPLETION OF THE REMAINING EMERGENCY GAS LINE REPAIRS AT THE CAMPBELL COMMUNITY CENTER, AND DISPENSING WITH FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTIONS 3.20.050, AND 3.20.030(3) AND CALIFORNIA PUBLIC CONTRACTS CODE SECTIONS 20168 AND 22050 FOR EMERGENCY SITUATIONS THREATENING THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC THAT NECESSITATES THE DISPENSATION OF FORMAL BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A BUDGET ADJUSTMENT IN THE AMOUNT OF $290,180 TO FUND THE ASSOCIATED IMPROVEMENTS WHEREAS, among the Campbell Community Center's largest (and oldest) mechanical systems are the gas utility lines that were installed in the late 1960's; and WHEREAS, in April 2023, the Public Works Department — Maintenance Division was notified by PG&E gas technicians that a severe leak was detected within the Community Center's gas line system; and WHEREAS, to prevent an adverse gas incident, PG&E shut-off all gas services to the entire property until such time as appropriate repairs could be performed; and WHEREAS, the circumstances surrounding this work allow the City to dispense with formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050, and Section 3.20.030(3), which states that an emergency situation creating a threat to the public health, safety or welfare may necessitate the suspension of these bidding procedures; and WHEREAS, although staff and Burr completed a significant amount of work between April and June of 2023, the existing system still has several leaks throughout the remaining pipe work that require additional repairs and forced PG&E to resume its shutdown of gas services to the property; and WHEREAS, on July 31, 2023, the City Council approved Resolution No. 13024, which authorized the issuance of payment to Burr Plumbing for all services rendered to-date on the Community Center gas line repairs; and WHEREAS, at that time, the City Council was also made aware of the outstanding repairs that were still required before PG&E could authorize the restoration of gas services — including staffs plans to develop a scope of work and present this information to the Council during a later meeting date; and WHEREAS, in August 2023, staff finalize the scope of work for the remaining repairs, which incorporated the equipment and labor services necessary for excavations, removal and installation of new above-ground gas lines (pipes), and concrete restorations and modifications; and WHEREAS, based on staffs pre-determined criteria to solicit professional services from qualified contractors, an informal RFP was issued to the following three vendors: Burr Plumbing, Ciari Plumbing, and Pacific Plumbing; and WHEREAS, in the end, staff selected Burr's proposal based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner; and WHEREAS, Burr's proposed amount reflects the base cost of all labor and equipment services ($264,485), plus an additional $25,695 for the installation of seismic fittings at seven locations along the proposed new pipe work; and WHEREAS, to expedite these efforts, staff is recommending City Council approval of a contract (service agreement) with Burr Plumbing, in an amount not to exceed $290,180, to provide the labor and equipment services necessary for completion of the remaining emergency gas line repairs at the Campbell Community Center; and WHEREAS, the California State Public Contracts Code (PCC) defines contracts in excess of $200,000 as requiring a formal bid process, allowing for the dispensing with the formal bid process by a 4/5 vote, pursuant to PCC Sections 20168 and 22050 declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, staff is also requesting City Council's authorization for the City Manager to execute said agreement with Burr Plumbing, as specified in Campbell Municipal Code Section 3.20.100; and WHEREAS, an allocation of funds to the Public Works Building Maintenance Operating Budget (101.780.7428) will be required to proceed with the proposed repairs; therefore, staff is recommending that the City Council authorize the Finance Director to execute a budget adjustment in the amount of$290,180 from the ARPA fund balance to the General Fund Operating Budget, to fund the associated improvements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) declares that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in order to repair the multiple gas line leaks at the Community Center 2) approves an agreement with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining emergency gas line repairs at the Campbell Community Center, and the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) and State Public Contracts Code Sections 20168 and 22050 for emergency situations necessitating the suspension of these bidding procedures; 3) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorizes the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements. BE IT FURTHER RESOLVED, upon the commencement of work — and during the duration of these repairs through completion — updates will be provided to City Council at each regularly scheduled meeting regarding the work performed to date and authorization to continue any subsequent repairs as they apply to the scope of work, and in accordance with the State PCC Section 22050 which states that `... the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.' PASSED AND ADOPTED this 19th day of September, 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: �J I% Da' 1;44,96 Andrea Sanders, Cit 7lerk