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 _ -