CC Resolution 13058 - Updates on Emergency Gas Line Repairs at CCC RESOLUTION NO. 13058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ACCEPTING UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE
REPAIRS AT THE CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT
REPAIRS PER THE EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING
AND IN ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC)
SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL
BIDDING PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE
IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR
PROPERTY IN THE EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE
GOVERNING BODY TO REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY
REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED,
TO DETERMINE, BY A 4/5 VOTE, THAT THERE IS A NEED TO CONTINUE THE ACTION
WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the
issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas
line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staffs initial service request, and the emergency work
performed thereafter, also permitted the dispensation of formal bidding procedures as specified in
Campbell Municipal Code Sections 3.20.050, and 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
such bidding procedures; and
WHEREAS, after staff finalized the scope of work for additional repairs and solicited proposals from
qualified contractors through an informal bid process, the results of these efforts were presented
during the September 19, 2023, regular meeting, where the City Council subsequently approved an
agreement with Burr, in an amount not to exceed $290,180, to complete the remaining emergency
gas line repairs at the Campbell Community Center; and
WHEREAS, although California State Public Contracts Code (PCC) defines contracts in excess of
$200,000 as requiring a formal bid process, the dispensation of such process may be permitted by
a 4/5 vote, pursuant to PCC Section 20168 declaring that the public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or property, in the event of an
emergency situation; and
WHEREAS, since the anticipated work is exempt from the City's formal bidding process, the
implementation of these repairs is also subject to the terms set forth in PCC Section 22050 which
states that the governing body shall review the emergency action at every regularly scheduled
meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to
continue the action; and
WHEREAS, in accordance with the state's requirements, the following lists all applicable work and/or
activities that have occurred since the last City Council meeting on September 19, 2023:
• September 19, 2023 — The City Council approved a contract services agreement with Burr
Plumbing for remaining emergency gas line repairs at Campbell Community Center and
authorization for the City Manager to subsequently execute said agreement; and
WHEREAS, based on these updates, the following is a tentative schedule for upcoming (anticipated)
work as related to the emergency gas line repairs:
• September 19 to October 3, 2023— Finalize details and execute contract services agreement
with Burr Plumbing.
• October 3, 2023, (±) — Burr to begin on-site repairs at the Community Center; and
WHEREAS, staff is requesting Council's authorization to continue with these efforts as part of
Council's previous approval of the service contract, and its subsequent execution, on September 19,
2023.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1)
accepts the updates on the progress of remaining emergency gas line repairs at the Campbell
Community Center; and 2) authorizes subsequent repairs per the executed contract services
agreement with Burr Plumbing and in accordance with California State Public Contracts Code
(PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures
when public interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property in the event of an emergency situation, and require the governing
body to review the associated emergency action at every regularly scheduled meeting thereafter,
until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action
BE IT FURTHER RESOLVED, upon Council's authorization, staff will return at the next regularly
scheduled City Council meeting on October 17, 2023, to provide the Council with an update on the
work performed to date and request Council's authorization to continue with subsequent repairs as
they apply to the progress of work completed at that time.
PASSED AND ADOPTED this 3rd day of October, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
key(-64-(—)
Anne Bybee, Mayor
ATTEST: � �a �G �
'd 4
Andrea Sanders, '�ity Clerk