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CC Resolution 13107 - Accepting Updates on Remaining Emergency Gas Line Repairs at CCC RESOLUTION NO. 13107 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 work that has since been completed, or is still in progress, since the last updates provided to the City Council during the January 22, 2024, regular meeting: • January 19, 2024 — Completed: 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); • January 22 — 26, 2024 (±) — In Progress: Installation of gas lines to Building H (includes trenching, site modifications/preparations, above and underground pipe installations, building tie-ins, and final pressure testing); and WHEREAS, pending the completion of the work still in progress, the following is a tentative schedule for all upcoming (anticipated) work/activities as related to the emergency gas line repairs: • January 29 — February 2, 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 20, 2024, to provide the Council with additional updates and request authorization to 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 6th day of February, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APBecov Susan M. Landry, ayor ATTEST: c/14 Andrea Sanders, CitOlerk