CC Resolution 13122 - Accept Emergency Gas Line Repairs CCC and File Notice Of Completion RESOLUTION NO. 13122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1) ACCEPTING THE
EMERGENCY GAS LINE REPAIRS COMPLETED AT THE CAMPBELL COMMUNITY CENTER
PER THE EXECUTED CONTRACT SERVICES AGREEMENT WITH BURR PLUMBING AND
DECLARING THAT THERE IS NO NEED TO CONTINUE WITH THE ASSOCIATED
EMERGENCY ACTION IN ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS
CODE (PCC) SECTIONS 20168 AND 22050; AND 2) DIRECTING THE PUBLIC WORKS
DIRECTOR OR DESIGNEE TO FILE THE NOTICE OF COMPLETION.
WHEREAS, in April of 2023, PG&E gas technicians alerted the Public Works Department
Maintenance Division about the detection of a substantial gas leakage within the Community Center's
network of gas lines; and
WHEREAS, PG&E promptly shut off all gas services to the entire system to prevent a potential gas-
related incident and allow staff to identify the source of the leak and implement repairs; and
WHEREAS, staff contacted Burr Plumbing (Burr) for the specialized equipment and labor services
needed to complete these efforts; and
WHEREAS, the circumstances prompting staffs service request, and the work performed thereafter,
permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code
Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section
20168; and
WHEREAS, between April and June of 2023, staff and Burr continued to investigate leaks and carry
out crucial repairs.as subsequent tests continued to fail — prompting the need for additional repairs
to restore services to the remainder of the system; and
WHEREAS on July 31, 2023, the City Council adopted Resolution No. 13024, authorizing payment
to Burr Plumbing for services rendered to-date in connection with staffs initial service call, while
being informed of staff's plans to return with a scope of work for the additional repairs and upgrades
to address the system's deficiencies; and
WHEREAS, in August 2023, staff conducted an informal bid process to solicit proposals (quotes)
from the following vendors for services to complete the remaining gas line repairs: Burr Plumbing,
Ciari Plumbing, and Pacific Plumbing; and
WHEREAS, after a comprehensive review of the proposals received, staff ultimately selected Burr
Plumbing based on their results as the lowest, responsive bidder ($290,180) and qualifications to
complete the work; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution No. 13046, approving and
awarding a contract to Burr Plumbing for the remaining gas line repairs, in an amount not to exceed
$290,180, and authorized a budget adjustment to allocate funds from the remaining ARPA fund
balance to the General Fund Operating Budget, to fund the associated work as reflected in the Public
Works Building Maintenance Operating Budget (101.780.7428); and
WHEREAS, although the remaining repairs were exempt from the City's formal bidding procedures,
the contract's total dollar amount made them subject to the terms and conditions of California State
Public Contracts Code (PCC) 22050 which required a progress update and authorization from the
City Council to continue with subsequent repairs at each regularly scheduled meeting thereafter until
their completion; and
WHEREAS, construction for the remaining gas line repairs at the Campbell Community Center
began on October 6, 2023, and concluded on January 26, 2024 — with all work completed in
accordance with the plans and specifications previously developed by staff and within budget of Burr
Plumbing's executed contract service agreement amount of$290,180; and
WHEREAS, elements completed during construction included the installation of 700 lineal feet of
gas mainline to the various buildings and/or amenities located throughout the complex and the
installation of 15 isolation valves along various segments of the system; and
WHEREAS, during that time, staff has provided updates to the City Council at each regularly
scheduled meeting between September 2023 and February 2024; and
WHEREAS, based on staffs final update provided to the City Council during the February 20, 2024,
regular meeting, the final payment to Burr Plumbing has since been issued/processed and there are
no issues to report for the system's functionality and/or its related components; and
WHEREAS, staff recommends that the City Council accept the emergency gas line repairs
completed at the Campbell Community Center and declare that there is no need to continue with the
associated emergency action, or any subsequent updates, as specified in the requirements of
California State Public Contracts Code (PCC) Sections 20168 and 22050; and
WHEREAS, there is no fiscal impact associated with this action as all work was completed within
budget of the executed contract service agreement ($290,180) and reflected as such an expense in
the Public Works Building Maintenance Operating Budget (101.780.7428).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby: 1)
accepts the emergency gas line repairs completed at the Cambell Community Center per the
executed contract service agreement with Burr Plumbing, and declares no need to continue with the
associated emergency action in accordance with the requirements of California State Public
Contracts Code (PCC) Sections 20168 and 22050; and 2) directs the Public Works Director, or
designee, to file the Notice of Completion.
PASSED AND ADOPTED this 5th day of March, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
�
ATTEST: Susan M. Lan., Mayor
aidere
Andrea Sa rs, City Clerk
CONTRACT SERVICES AGREEMENT
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL,CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the 21st day of September ,2023 by and between
the CITY OF CAMPBELL(hereinafter referred to as CITY) and BURR PLUMBING & PUMPING INC., 1645
Almaden Road,San Jose,CA 95125,(408)287-2877(hereinafter referred to as CONTRACTOR),in consideration
of their mutual covenants,the pat-ties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Replace and upgrade the Campbell Community Center Gas Line
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A—Scope of Work
TERMS: The services and/or materials furnished under this Agreement shall commence 10/16/2023
and'shall be completed.before 6/30/2024
COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR on a time and
materials basis in an amount not to exceed:$290,180.00 unless authorized otherwise by City.
GENERAL TERMS AND CONDITIONS:
Agreement_ This Agreement shall be governed by the laws of the State of California. It constitutes the entire
agreement between the parties regarding its subject matter. If any provision in this Agreement is held by any court
or trier of fact to be invalid,void,or unenforceable,the remaining provisions shall nevertheless continue in full force.
Hold Harmless: With respect to any design professional services provided by CONTRACTOR, the
CONTRACTOR agrees to indemnify,defend and hold harmless the CITY, its officers, agents and employees from
any and all claims,actions,causes of action,losses,damages,costs and liabilities of every nature,including all costs
of defending any claim,caused by,pertaining or relating to,or arising out of, or alleged to have been caused by or
arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of the Contractor,except
for any claims, actions,causes of action, losses,damages or liabilities proximately caused by the sole negligence or
willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
With respect to all matters other than those covered by the foregoing paragraph, CONTRACTOR agrees to
indemnify,defend and hold harmless the CITY,its officers,agents and employees from any and all claims,actions,
causes of action, losses, damages, costs and Iiabilities of every nature, including all costs of defending any claim,
caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement,
except for any claims, actions,causes of action,losses,damages,costs or liabilities proximately caused by the sole
negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing
services described herein.
In the event that this contract is subject to California Civil Code section 2782(b),the foregoing indemnity provisions
shall not apply to any liability for the active negligence of the City.
AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):
The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other
rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in
this 'section shall survive the termination of this Agreement.
City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell
Business License.
Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before
commencing any services under this agreement.
GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general IiabiIity, broad
form general liability and business automobile liability insurance in connection with the CONTRACTOR'S
performance, in the amount of not less than $1,000,000 per occurrence. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit. •
Liability policies shall be endorsed to name CITY,its officers,volunteers, and employees as"insureds"under
said insurance coverage and to state that such insurance shall be deemed"primary"such that any other insurance
that may be carried by CITY shall be excess thereto. Such insurance shall be on an"occurrence,"not a"claims
made,"basis and shall not be cancelable or subject to reduction except upon thirty(30)days prior written notice
to CITY(10 day notice for non-payment of premium). Endorsements shall be provided by or acceptable to the.
CITY.
•
WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance
or service, CONTRACTOR shall maintain Workers' Compensation and Employers Liability insurance for all .
of its employees who are in any way connected with performance of these services. The Workers'Compensation
Insurance shall comply with all applicable State laws. Employers Liability coverage shall be for a minimum of
$1,000,000. The CONTRACTOR shall agree to waive all rights of subrogation against the City,its officers,
officials,employees and volunteers for losses arising from work.performed by the Contractor for the City.
•
It is a requirement of this,Agreement that any available insurance proceeds broader•than or in excess of the
specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available
to the City when the City is named as an additional insured pursuant to this Agreement. Furthermore, the
requirements for coverage and limits shall be(1)the minimum coverage limits specified in this Agreement, or
(2)the broader coverage and maximum Iimits of coverage of any insurance policy or proceeds available to the
named insured,whichever affords greater coverage.
CERTIFICATES OF INSURANCE: CONTRACTOR shall furnish CITY a certificate of insurance, duly
authenticated,evidencing maintenance of the insurance required under this Agreement and such other evidence
of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory
evidence of said coverage shall be-required within ten(10)days of award of contract.
Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement because
of the race,color,national origin,ancestry,religion or sex of such person.
• Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the
sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR
shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any
contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY.
Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes
or variations of any kind are authorized without the written consent of the CITY.
•
AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):
Public Works Projects: In the event this Agreement requires the CONTRACTOR to provide services within the
definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and
conditions stated below shall be in full force and effect.
ARTICLE I. The general prevailing wage rates heretofore specified and any minimum wage rates indicated
in the Special Provisions are hereby specifically referred to and by this reference are made a part of this
contract.
ARTICLE II. In accordance with the provisions of Section 3700 of the Labor Code,every CONTRACTOR
will be required to secure the payment of compensation to his or her employees.
ARTICLE III. By my signature below, as CONTRACTOR, I certify that I am aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with such
provisions of that Code,and I will comply with such provisions before commencing the performance.
of the work of this Agreement.
ARTICLE IV. The improvement contemplated in the performance of this Agreement is an improvement
over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and
direct control over this Agreement whenever the CITY, at its sole discretion, shall determine that its
responsibility to the United States or the State of California so requires.
ARTICLE V. The CONTRACTOR agrees to receive and accept the prices indicated in the
CONTRACTOR's signed Proposal as full compensation for furnishing all materials and for doing all the
work completed and embraced in this Agreement;also for all loss or damage,,arising out of the nature of the
work aforesaid,or from the action of the elements,or from any unforeseen difficulties or obstructions which
may arise or be encountered in the prosecution of the work until its acceptance by the CITY,and for all risks
of every description connected with the work; also for all expenses incurred by or in consequence of the
suspension or discontinuance of work,and the whole thereof, in the manner and according to the Plans and
Specifications,and requirements of the Engineer under them.
ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of
the California Labor Code concerning payroll records.
ARTICLE VI.I. CONTRACTOR shall be responsible for complying with the provisions of California Labor
Code Sections 1777.5 through 1777.7,inclusive,concerning apprentices.
ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor
Code Sections 1810 through 1815,inclusive,concerning working hours.
ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public
Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four(4)feet below
the surface.
ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the
contract that in case all the work called for under the contract in all parts and requirements is not finished or completed
within the number of working days as set forth in the special provisions,damage will be sustained by the CITY,and
that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the
CITY will sustain in the event of and by reason of such delay;and it is therefore agreed that the CONTRACTOR will
pay to the CITY liquidated damages for each and every calendar day's delay in finishing the work in excess of the
number of working day's prescribed, in the amount of$ TBD .
•
AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS(CONT.):
per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in
completion of the project,when such a delay was caused by the failure of the CITY or the owner of the utility
to provide for removal or relocation of such utility facilities as set forth in California Government Code
Section 4215.
Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California
Labor Code.CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section l771 of
the California Labor Code concerning prevailing wages.
Termination: Notwithstanding any other provision of this Agreement,CITY may terminate this Agreement at any
time,with or without cause,in its sole discretion,by giving notice inwriting to CONTRACTOR of such termination.
In the event of such termination, CONTRACTOR shall have the right-and obligation to immediately assemble the
work then in progress for the purpose of completing-the work and turning over all materials and documents to CITY.
In the event of such termination,CONTRACTOR shall be compensated for all work and services performed to the
point of termination in accordance with the payment provisions set forth in Section 2.1,unless the termination is for
cause, in which event CONTRACTOR need be compensated only to the extent required by law.
Dispute Resolution In the event of any dispute between the Parties related to this Agreement or this Project,the
Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each
Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner,
before any action or Iitigation is initiated other than as required to secure lien rights, the dispute shall be
submitted to mediation using the American Arbitration Association or another mediator as mutually selected by
the Parties.Such mediation shall be completed within a reasonable period of time following either Party's written
demand with each Party to bear an equal share of the mediation fees and its own respective attorney and
consultant fees and costs.
AGREEMENT
PAGE 5
GENERAL TERMS AND CONDITIONS (CONT.):
CONTRACTOR COORDINATOR.and representative for CITY shall be:
NAME: RON TAORMINA DEPARTMENT:Public Works
This Agreement shall become effective upon its execution by CITY,in witness thereof,the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CAMPBELL
EYIG �r � $YiaM LDvehth
By:Eric Burr(Seu 21,2023 22:2I PDT) By:Brian Leventhal(Oct 3,202310:06 PDT)
Title: President Title: City Manager
Contractor License No.: 730349
EXHIBIT A
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No. 'I11962
1645 Almaden Rd. San Jose,CA 95125- *Tel (408) 287-2877*Fax(408)287-2844 License#730349 A,C36,021
Proposal submitted to: City of Campbell
Date Submitted:07-13-23 Description:Gas Main Upgrades
Phone Number: Job Name: ROM Cost Proposal
Street: 1 W.Campbell Ave. Job Location: 1 West Campbell City Complex
_City, State,ZIP:Campbell, Ca. 95008 Job Phone:
Fax Number: Cell Phone: 540-9956/425-4718
E Mail: Davefi7Campbellca.dov Contact Dave Fanucchi
We hereby submit specifications and estimates to replace the failed:underground piping with approximately 400'of
underground 4°gas main and approximately.900'of aboveground 4"gas main.
Scope of work(includes the following;as required):
1. USA jobsite and perform a private utility sweep to•attempt to identify all•underground utilities.
2. Excavate;grade bedding,install 4"MOPE poly gas main&risers,backfill&rough grade trench lines.
3. Install approximately 600'of above ground 4'galvanized gas main&up to 200'of additional piping to tie in to
existing above grade gas piping.
4. Properly support all new above grade piping with rubber sleepers.
5. Provide any necessary building penetrations where applicable(per Campbell Historic requirements).
6. Restore concrete and/or AC paving as required:
Work mess include the Heritage Theater.the Carnpbell;Adull'Center:Campbell•G;mt.Us Via ci.4c5demy of Silicon Valley.Campbell Community
Center.Campbell czpress Library.Bonyad r u'ibi+World Cup Soccer Camps Suddinb.Campbell.Multi Purpose Room.the 3 Sage Academy
Buildings.the 2 buildings between the express Library and the DaVinci acadehfy and the Public Works Corp. Yard(per Google wraps).
BierPltmtbing will secure areas below all worii zones during Me course of construction to ensure no pedestrian safety.
If.cu.szcn:er desires the installation of seismic ilex(Wings at up to 7locations.then add an additional;r35.6:5.00.Lead time to manufacture will be
approximarely 3 weeks.
It is unknown If any roof top piping has failed oris leaking.We will initially install all piping and test for leaks.Once PG&E is comioaabfe with the
installation.we wilt test each building's existing piping prior to connection.If sizing needs or failures require piping modifications we wilt provide
Campbell with cost proposals.
No landscape repairs are included in proposal pricing:
Piping is being sized to accommodate medium pressure needs which wilt require a reuulator at each building.Once Campbell approves this project
we will perform a lull site survey to determine exact pipe sizing'r equirements based on all observable gas demands.It is our intent to utilize low
pressure.if possible.with a single regulator at the meter(possibly a PG&E regulator).
Exclusions: •
1. All engineering,soil testing and surveying.
2. All permits,drawings or related fees,as required,will be additional
3. Repair of any unmarked lines,including; PG&E,water,cable,telephone,fiber optic,irrigation,etc.
4. Any and all required bonds or posting of certificates of deposits required.
5. Wall,ceiling,flooring,framing and surface finish repairs.. •
6. Responsibility for any existing or other systems and work not directly related to our work
7. Responsibility for any electrical,plumbing,drains,fire sprinkler and/or controls not expressly included in this
proposal.
8. Any changes or deviations from this proposal will be executed only on written order and will become an extra
charge over the cost of this proposal.
9. Any unknown or unforeseen circumstances.
1 I =: ;.; Burr Plumbing & Pumping, Inc. Initial
EXHIBIT A
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:$L'I' Ft PLUME
No. •11982
1645 Almaden Rd. San Jose, CA 95125 *Tel(408)287-2877* Fax(408)287-2844 License#730349 A,C36,Da
We Propose to hereby furnish material and labor—in accordance with above specifications
For the sum of: Two Hundred&Sixty-Four Thousand, Four Hundred&
Eighty-Five Dollars ($264,485,00)
Payment to be made as follows: Payment due upon completion of scope of work
Burr Plumbing&Pumping, Inc.
Note:Proposal may be withdrawn if not accepted within 30 days.
The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of
the Owner listed above,and further represents that he or she has read,understood and agreed to the terms and
conditions set forth on the last page of this Proposal.
STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS'STATE LICENSE
BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING—IF THE TOTAL PRICE OF THE JOB IS S500 OR
MORE(INCLUDING LABOR AND-MATERIALS).
LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES
NOT HAVE A LICENSE. THE CONTRACTORS'STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY
REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT,AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY
INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS'STATE LICENSE BOARD TO FIND OUT IF
THIS CONTRACTOR HAS A VALID LICENSE THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS,
INCLUDING ANY POSSIBLE SUSPENSIONS. REVOCATIONS, JUDGMENTS. AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT
CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1.800-321.CSLB
FOR MORE INFORMATION.
The services to be provided by Burr Plumbing&Pumping,Inc.DO NOT include any engineering work,and the customer is
responsible for providing all engineering determinations.
Acceptance of Proposal-The above prices, specifications and conditions are satisfactory and are hereby
accepted. Burr Plumbing& Pumping, Inc.is authorized to do the work as specified. Payment will be made as
outlined above.
Date of Acceptance: .
Signature: Company: -
21 - <: :. - Burr Plumbing & Pumping, Inc. Initial
EXHIBIT A
Al' ••feafr7i
)S AL
_ .
El I]Ft 111.PLumedno
No. "11962
1645 Almaden Rd. San Jose,CA 95125 *Tel (408)287-2877*Fax(408)287-2844 License#730349 A,c36,D21
Conditions of Proposal
1. Allowing Burr Plumbing&Pumping,Inc.("Burr")to commence work or preparation-for work constitutes acceptance by
you of this Proposal and all its terms and conditions. Quotations herein,unless otherwise stated,are for immediate
acceptance and are subject to change.
2. BURR shalt be paid monthly progress payments,or as outlined in this proposal.If progress payments are provided in this
proposal.on or before the 101h day of each-month for the value of the work completed plus the value of materials and
• equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 3D
days of substantial completion of Me work described in this proposal. Payment for goods is due on delivery.of the goods to
the project site.
3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed.
4. Ail sums not paid when due shalt bear interest at the rate of 1'/:90 per month from the due date until paid or the maximum
legal rate permitted,whichever is less;-all costs of collection,Including the actual attorneys fees and costs incurred by
BURR.the actual expert fees incurred by BURR and costs as defined by-the Californla Code of Civil Procedure shall be paid
by Owner or its representatives.
5. If Owner or its representative fail to make a payment to BURR as provided herein,BURR may stop work without prejudice to
any other remedy It may have.
6. Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be
called upon to start work until sufficient areas are ready to insure:lhat BURR may continue to work until completed.
7.. After acceptance of this Proposal,BURR shall be given a reasonable time in which to make delivery of materials.equipment
and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by
any causes of any kind and extent beyond its control,including but not limited to delays caused by the owner,general
contractor.architect andlorengineers,armed conflict:acts of terrorism or economic dislocation resulting therefrom.
embargos,shortages of labor,equipment or materials,production facilities delays or transportation delays,labor difficulties,
civil disorder of any kind,the actions of civil or military authorities,vendor priorities and allocations,fires,floods,accidents
and acts of God.
8. Alt workmanship is guaranteed against-defects in workmanship for a period of one-year from the date of-installation. This
warranty is In lieu of all other warranties,express or implied,including any warranties of merchantability or fitness for a
perticuiar purpose. BURR will not be responsible for special.incidental or consequential damages and shall not be
responsible for damage to its work occasioned by other parties. Arty repair work necessitated by damage caused by others
directed by the Owner or Its representatives to be performed will be considered-extra work. BURR's responsibility for
damage or loss in transit ceases upon delivery in good condition to a public carrier.
9. Work called for herein is to be performed during BURR's regular working hours. Overtime rates will be charged for all work
performed outside such hours as an extra cost to Owner or its representative.
10. All materialsshall be furnished in accordance with the respective industry tolerances for variation in color,thickness,and
size,finish,texture and performance standards.
11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor,
BURR may tile a mechanic's lien,stop notice,payment bond claim or other claim on its own behalf in the event that arty
payment due to BURR is not made as and when provided for in the terms of this Proposal.
12. The subcontract form used between BURR and Owner's General Contractor will be the A401 subcontract,then current,as
published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and
Ibis Proposal,or when the contract documents between Owner and its General Contractor conflict with the terms of this
Proposal,then this Proposal shall govern.
13. Owner or its representative shall furnish all temporary site facilities,including suitable covered storage facilities and hoisting
as required at no cost to BURR.
14. Owner and its representative,including Its General Contractor,shall make no demand for liquidated or delay damages in any
sum which may exceed any such sum specifically provided for In this Proposal,and no liquidated damages may be assessed
against BURR for delays or causes attributable to other contractors or arising outside the scope of this Proposal.
15. Owner or its representative,including Owner's-General Contractor,shall purchase and maintain property insurance upon the
full value of the entire work andfor materials to be supplied which shall include the interest of BURR. Owner or its
representative,Including Owner's General Contractor shall furnish to BURR evidence that it has named BURR as an
additional insured on said policy of Insuranceln an amount of no less than 31 million.
Burr Plumbing & Pumping, Inc. Initial
•
Contract service agreement with Burr Pluming
for CCC Gas Line Repair
Final Audit Report 2023-10-03
Created: 2023-10-02 •
•
By: Rebekah Rodriguez(rebekahr@campbellca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAM7_3gafhlmVxKSOgFtgJOgAZrc4qZSd8
"Contract service agreement with Burr Pluming for CCC Gas Lin
e Repair" History
Document created by Rebekah Rodriguez(rebekahr@campbellca.gov) •
2023-10-02-10:28:59 PM GMT
2, Document emailed to brianl@campbellca.gov for signature
2023-10-02-10:29:41 PM GMT
n Email viewed by brianl@campbellca.gov
2023-10-03-5:05:29 PM GMT
do Signer brianl@campbellca.gov entered name at signing as Brian Loventhal
2023-10-03-5:06:16 PM GMT
• Document e-signed by Brian Loventhal (brianl@campbellca.gov)
Signature Date:2023-10-03-5:06:18 PM GMT-Time Source:server
8 Agreement completed.
2023-10-03-5:06:18 PM GMT
Adobe Acrobat Sign
of'Cimu
MEMORANDUM ' �< City of Campbell
Public Works/Service Center
•04c.A *
To: Andrea Sanders Date: 10/04/2023
City Clerk
From: Rebekah Rodriguez Aeciai
Executive Assistant d �
Subject: Replace and upgrade the Campbell Community Center Gas Line
Attached is an original Contract Service Agreement to replace and upgrade the
Campbell Community Center Gas Line.
This project was awarded to Burr Plumbing to replace and upgrade the Campbell
Community Center Gas Line and the City Manager will execute the agreement to have
the work performed by Burr Plumbing.
https://eityofcampbell.sharepoint.com/sites/PublicWorks/Shared Documents/Service/Service Center Files/1300 Projects_Contracts/FY 2023-
24/GAS REPAIR AT CCC/Contract Memo to City Clerk 2023-10-04.doc
Recording Requested by
and when recorded,mail to:
City of Campbell
City Clerk's Office
70 North First Street,City Hall—Upper Level
Campbell,CA 95008
(408)866-2150
cl.k•c A4 � CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell.Request for the Recordation without fee is made in accordance
with Section 6103 of the Government Code of the State of California.
Contractor's Name: Burr Plumbing& Piping,Inc. Contract Date:9/20/2023
Surety: Bozzuto& Associates Insurance Services Final Contract
Amount: $290,180
Job Title: Campbell Community Center Gas Line Replacement and Upgrades
Location: 1 West Campbell Ave
Scope of Work: Installation of 800 In.ft. of 4" gas mainline that services various buildings,and/or amenities located
throughout the complex.
Owner: City of Campbell,City Hall,70 North Street,Upper Level,Campbell,CA 95008
This work was accepted by me on 1/26/2024, on behalf of the City of Campbell. I certify under penalty of perjury that the
foregoing is true and correct. (C.C.P. 2015.5)
Executed on
at Campbell, California
Ron Taormina, Public Works Superintendent
Department of Public Works
City of Campbell
Revised 1/23/17