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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
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Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING AN URGENT
NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH,
PROPERTY AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO ENTER INTO AGREEMENTS WITHOUT
ADVERTISED COMPETITIVE BIDDING WITH CHART
INTERNATIONAL, INC. FOR EMERGENCY
RECONSTUCTION OF THE COMPRESSED NATU RAL
GAS FUELING STATION
WHEREAS, the Department of Transportation/Fresno Area Express (FAX) owns and operates a compressed natural gas (CNG) fueling station; and WHEREAS, the CNG fueling station is critical equipment that provides fueling for transit operations, municipal fleet, waste management, and other private customers; and WHEREAS, key components have reached their end of life; and WHEREAS, extreme heat has had a detrimental impact on the CNG equipment; and
WHEREAS, such impact has eroded the capability and safe operation of the CNG fueling station that endangers life, health and property; and WHEREAS, FAX seeks the emergency repair and expedient delivery of engineering and construction services to reconstruct the CNG fueling station; and WHEREAS, FAX finds that there exists an unusual and urgent need to procure the product and service without providing for full and open competition as the delay would cause serious injury unless permitted a sole source award; and WHEREAS, entering into an agreement, without competitive bidding is necessary for the timely performance of the emergency repair work.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The foregoing facts constitute an urgent necessity for the preservation of life, health, or property.
2. The requirement of advertising for bids is hereby waived pursuant to Charter Section 1208(a).
3. The City Manager or designee to authorized to negotiate, enter, and execute service agreements, materials purchase agreements, and a construction contract, as necessary, for the emergency reconstruction of the compressed natural gas fueling station, at a cost not to exceed $3,913,077, subject to prior approval as to form by the City Attorney’s Office.
4. The Council finds the Project in the best interest of the City.
5. This resolution shall be effective upon final approval. * * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.-
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer Wharton Date
Deputy City Attorney