CC Resolution 13097 - Accepting Updates on Remaining Emergency Gas Line Repairs CCC RESOLUTION NO. 13097
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 staffs 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 work that is still in
progress since the last updates provided to the City Council during the December 19, 2023, regular
meeting:
• December 20, 2023 —January 22, 2024 (±) — In Progress: Installation of new main gas line to
Building A, Building Q, and Heritage Theatre (includes site modifications/preparations, above
and underground pipe installations, building tie-ins, and final pressure testing); and
WHEREAS, based on the completion of the work still in progress, the following is a tentative schedule
for upcoming (anticipated) work/activities as related to the emergency gas line repairs:
• January 23 — 31, 2024 (±) — Final full gas line commissioning and testing; and
WHEREAS, staff is requesting Council's authorization to continue with these efforts as specified in
the above schedule for anticipated work/activities and their estimated dates of completion.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1)
accepts the updates on the progress of the 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 February 6, 2024, to provide the Council with additional updates
and request authorization to either continue with any remaining repairs or proceed with the closeout
and acceptance process should all work be completed at that time.
PASSED AND ADOPTED this 22nd day of January, 2023, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: •
Susan M. Landry, Mayor
ATT E STAStea
4 r 4/
Andrea Sanders, ity Clerk