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RESOLUTION NO. 6385
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AUTHORIZING
AN EMERGENCY CONTRACT TO REMOVE UNDER-
GROUND TANKS AND INSTALL ABOVE GROUND
TANKS AND/OR RELATED F ACILITIES AT THE
CITY SERVICE CENTER AND FIRE STATIONS 105
AND 106
WHEREAS, California Senate Bill 989 and regulations promulgated
thereunder ("the Law") require that all fuel pumps have a double walled fuel pump
with a holding tank equipped to provide containment if the fuel pumps malfunction
or leak and
WHEREAS, the Law further requires that all piping be upgraded to a full
double wall piping containment system; and
WHEREAS, the County of Los Angeles Department of Public Works
submitted a Notice of Non-Compliance to the City of Arcadia on April 7, 2003 '
indicating that the City is required to bring into compliance with the Law by May
7, 2003 certain underground storage tanks located at the City Service Center at
11800 E. Goldring Road in the City of Arcadia; and
WHEREAS, on June 16, 2003, the County of Los Angeles Department of
Public Works extended to September 30, 2003 the deadline for the City to bring
into compliance the underground storage tanks at the City Service Center; and
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WHEREAS, the City believes that the City must also bring into compliance
with the Law certain tanks located at Fire Stations 105 and 106, although these
tanks have not qeen made subject to any notice of non-compliance by the County
of Los Angeles Department of Public Works to date; and
WHEREAS, the City has twice published a Notice Inviting Bids in order to
accomplish bringing into compliance with the Law the tanks and related facilities
at the City Service Center and Fire Stations 105 and 106, but has twice rejected the
sole bid received on each occasion due to the high bid proposal and the lack of
additional bidders;, and
WHEREAS, the City Council reasonably believes that it is necessary, based
on a four-fifths (4/5) vote of the City Council, to declare an emergency in order to
repair or replace the above described facilities at the City Service Center and Fire
Stations 105 and 106 and to procure the necessary equipment, services and
supplies for those purposes without giving notice for bids to let contracts, all in
accordance with Section 1212 of the Charter of the City of Arcadia and Section
2842.5 of the Arcadia Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
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SECTION 1.
Pursuant to Public Contract Code Sections 20168 and
22050, the City Council finds that an emergency exists with respect to the removal
and installation of underground and above ground fuel tanks and related facilities
(the "Project") at the City Service Yard and Fire Stations 105 and 106 for the
following reasons and based on the following facts. The City of Arcadia is
required to undertake and complete the removal and installation of fuel pumps and
related facilities at the City Service Center by September 30, 2003. In the event
that the City fails to do so, the City is subject to the imposition of fines and to the
prohibition of delivery of petroleum products into the subject facilities. Petroleum
products at the subject facilities are critical for purposes of the City providing life
and health related maintenance of City property, and of persons and property
within the City of Arcadia. Bringing those facilities at the City Service Center and
also those facilities at Fire Stations 105 and 106, into prompt compliance with the
Law will protect the public health, safety and welfare by reducing or eliminating
the possibility of malfunction or leaks in the tanks and related facilities, which
could cause severe health risks to the public and extensive damage to the soils and
improvements on the real property upon which such facilities are located. The
City has in good faith published notice inviting bids on two occasions in order to
accomplish the Project, but has received and rejected unsatisfactory bids from a
sole bidder on each occasion due to high bid price. The commencement and
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completion of the Project at the City Service Center and Fire Stations 105 and 106
are estimated to take approximately four (4) to six (6) weeks, thereby prohibiting
the City from having sufficient time to publish notice inviting bids for a third time
in order to receive competitive bids and enter into contracts for the completion of
this project by September 30, 2003 or a reasonably short period thereafter.
Additional facts which constitute the basis for finding that an emergency exists are
set forth in the recitals of this Resolution and in that certain Staff Report which
accompanied this Resolution for presentation to the City Council.
SECTION 2.
By at least a four-fifths (4/5) vote of the City Council the
City Council hereby finds and detennines that there is an emergency which
requires that City repair or replace the above described facilities at the City Service
Center and Fire Stations 105 and 106, and take any directly related and immediate
action required by this emergency, and procure the necessary equipment, services
and supplies for these purposes, without giving notice for bids to let contracts. The
City Council further finds and detennines that the emergency will not pennit a
delay resulting from a competitive solicitation for bids, and that the action is
necessary to respond to the emergency.
SECTION 3.
The City Council hereby delegates to the City Manager,
or his designee, the authority to order any action pursuant to this declaration of an
emergency including, without limitation, the authority to enter into contracts to
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accomplish the Project. The City Council further authorizes the City Manager to
substitute another form of security in lieu of a payment bond if, in the
detennination of the City Manager, it is not feasible or reasonable under the
circumstances to require that the contractor provide to the City a payment bond in
order to complete the Project.
SECTION 4.
The City Council shall review this emergency action at
its next regularly scheduled meeting and at every regularly scheduled meeting of
the City Council thereafter until the project is completed, in order for the City
Council to determine by a four-fifths (4/5) vote, that there is need to continue this
emergency action.
,
SECTION 5.
SECTION 6.
This Resolution shall take effect upon its adoption.
The City Clerk shall certify to the adoption of this
Resolution.
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Passed, approved and adopted this 19th day of August
,2003.
ttAl1-A . ,~m~
M or 0 the City of Arcadia
ATTEST:
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Ci er~"' - ,
APPROVED AS TO FORM:
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City ttorney ,
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6385 was passed and adopted by the City Council ofthe
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
. meeting of said Council held on the 19th day of August, 2003 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
Clerk of the City VArcadia
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