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2020-31 RESOLUTION NO. 2020-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT AN EMERGENCY EXISTS AS DEFINED BY PUBLIC CONTRACT CODE SECTION 20168 AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY AND MAKING FINDINGS RELATED THERETO WITH RESPECT TO THE REHABILITATION OF DETERIORATED GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE WHEREAS, the City of Grand Terrace is a municipal corporation duly organized and existing pursuant to the California Constitution and the laws of the State of California (hereinafter the "City"); and WHEREAS, Public Contract Code Section 20162 requires that the City competitively bid public projects that are over$5,000; and WHEREAS, on August 5, 2020 the city met with Southern California Edison regarding the repair and rehabilitation of approximately 1800 linear feet of Grand Terrace Road and has requested that Edison repair and resurface Grand Terrace Road, north of Newport Avenue adjacent to the Edison Substation ("Emergency Event"); and WHEREAS, the cost of carrying out the repairs necessary to address the Emergency Event will be greater than $5,000 and will, therefore, normally require competitive bidding pursuant to Public Contract Code Section 20162; and WHEREAS, Public Contract Code Sections 20168 and 22050 provide an exception to the competitive bid requirements Public Contract Code Section 20162 in the case of emergency; and WHEREAS, for purposes of Public Contract Code Section 20168, an "emergency" is a sudden, unexpected occurrence that poses a clear imminent danger that requires an immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and WHEREAS, to exercise its emergency authority, the legislative body is required to adopt a resolution - by a four-fifths vote — finding that an emergency exists and declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, the resolution would also authorize the City to procure the necessary equipment, services, and supplies to repair or replace public facilities without engaging in a formal competitive bidding process to minimize delay; and WHEREAS, the Emergency Event is an "emergency" as defined by Public Contract Code Section 20168 for the following reasons: it is in the publics best interest CC Reso No. 2020-31 Page 1 of 3 August 11, 2020 to repair and rehabilitate a seriously deteriorated roadway in conjunction with Southern California Edison undergrounding project; and WHEREAS, pursuant to Public Contract Code Section 22050(a)(2), the Emergency Event is such that it will not permit any delay resulting from a competitive solicitation for bids and that the action contemplated by this Resolution is necessary to respond to the Emergency Event for the following reasons: Southern California Edison is willing to be responsible for rehabilitating the roadway the length of their utility trench and willing to allow the city to utilize their contractor to rehabilitate the remaining stretch of the city roadway, which will result safety improvements and cost savings to the city; and WHEREAS, based upon the forgoing, the City Council desires to find that the Emergency Event is an "emergency" as defined by Public Contract Code Section 20168 and declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, the City Council further desires staff to procure the necessary equipment, services, and supplies to repair or replace public facilities without complying with competitive bidding requirements of the Public Contract Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council finds that foregoing recitals are true and correct and incorporated herein by this reference. Section 2. The City Council finds, by substantial evidence, that the Emergency Event is an "emergency" as defined by Public Contract Code Section 20168. Section 3. Based upon substantial evidence, the City Council hereby further finds as follows: A. It is in the public interest and necessity to immediately expend public money to safeguard life, health, and property without complying with the competitive bidding requirements of the Public Contract Code in order to address the Emergency Event; and B. The Emergency Event is such that it will not permit any delay resulting from a competitive solicitation for bids and that the action contemplated by this Resolution is necessary to respond to the Emergency Event; and C. Based upon the forgoing, the formal competitive bidding requirements of the Public Contracts Code are hereby waived based upon the Emergency Event. Section 4. The City Council hereby authorizes the City Manager, or his designee, to dispense with the competitive bidding requirements of the Public Contract CC Reso No. 2020-31 Page 2 of 3 August 11, 2020 Code and to procure the necessary equipment, services, and supplies to repair or replace public facilities through an informal bidding process for this project. Section 5. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 11th day of August 2020. Darcy aboe,Ayor - ATTEST: Debra L. Thomas, City Clerk APPROVED AS TO FORM: Adrian R. Guerra, City Attorney CC Reso No. 2020-31 Page 3 of 3 August 11, 2020 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-31 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 11th day of August 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor McNaboe NOES: Mayor Pro Tern Wilson ABSENT: None. ABSTAIN: None. Executed this 12th day of August 2020, at Grand Terrace, California. DePi Debra Thomas City Clerk s _ -