CC Resolution 13063 - Updates Remaining Emergency Gas Line Repairs CCC RESOLUTION NO. 13063
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 NO 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 staff's 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) for emergency situations threatening
the health, safety, or welfare of the public that necessitate this exemption; and
WHEREAS, the City Council was also informed of outstanding repairs that were still required before
PG&E could restore gas services to the remainder of the property— including staff's plans to develop
a scope of work and present the results of these efforts to Council during a later meeting date; and
WHEREAS, results 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, after
declaring that the public interest and necessity to complete these emergency repairs demanded the
immediate expenditure of public money to safeguard life, health, or property, as pursuant to
California State Public Contracts Code (PCC) Section 20168; and
WHEREAS, since the anticipated repairs are exempt from the City's formal bidding process, their
implementation is 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/activities that have occurred since the last City Council meeting on October 3, 2023:
• October 3, 2023—Execution of Contract Services Agreement completed (signed by all parties,
including City Manager); and
WHEREAS, based on these updates, the following is a tentative schedule for upcoming (anticipated)
work/activities as related to the emergency gas line repairs:
• October 4 — 10, 2023 — City to issue a Notice to Proceed to Burr Plumbing
• October 10, 2023, (±) — Commencement of on-site work at the Community Center; and
WHEREAS, staff is requesting Council's authorization to continue with these efforts as specified in
the above tentative schedule for upcoming (anticipated) work/activities.
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 November 7, 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 17th day of October, 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:
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Andrea Sanders, y Clerk