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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