HomeMy WebLinkAboutResolution 2010-143 N.C.S. 08/02/2010Resolution No. 2010-143 N.C. S.
of the City of Petaluma, California
iZA'~"I~"YING 'g'~IE CONTRACT FOR TI~E ADOBE CREEK
EMERGENCY ~PAI-2 PROJECT (C66401105), AUTI~OI2IZING THE
INCLUSYON OF 'I'gIE NECESSARY ~iJDGE'I' AD~gJS'I'1VIEN~'
IN 'TI~E 1ST QiJAR~'ERLY ~UDGE'I' ADJiJS'I'1VIENT ORDINANCE
ANI) APPItOVING 'I'~IE PROJECT BUDGET
W~IEREAS, a 6-inch sewer tnain running from Rancho Bonito Drive and Casa
Verde Circle, beneath Adobe Creek approximately 150' north of Lakeville Hwy and serving 45
residences in the Casa de Arroyo Subdivision has deteriorated and is experiencing severe
groundwater infiltration that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of an essential public service, and qualifies as an
"Emergency" under Section 1102 of the Public Contract Code; and,
WI3EREAS, Article X, Section 68 of the City of Petaluma Charter provides that
repair of all public buildings and works requiring expenditures specified in the section must be
awarded to the lowest responsible bidder pursuant to procedures established by ordinance
adopted by the City Council; and,
WI3EREAS, Section 4.04.050 of the Petaluma Municipal Code provides that the
bidding procedures set forth in Sections 4.04.080 through 4.01.100 of the Code in accordance
with the City charter may be dispensed with when an emergency requires that an order be placed
with the nearest available source of Supply; and,
W~IEI2EAS, the Water Resources and Conservation Department pursued the repair of
the sewer main until the work exceeded the capabilities of the equipment and technology
available to the contractor contracted to repair the leaks; and,
W~IEIZEAS, the repair requires the assistance of a general contractor experienced in
the replacement of public sewer mains and deep trench excavation; and,
WI~EI2EAS, the Project is Statutorily exempt pursuant to California Environmental
Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA Guidelines"),
Section 15269, subparagraphs (b) and (c) since the project consists of emergency repairs to
Resolution No. 2010-143 N.C.S. Page 1
publicly or privately owned facilities necessary to maintain service essential to the public health,
safet:y or welfare; specific actions necessary to prevent or mitigate an emergency; and,
WI-~EItEAS, in the case of an emergency, Section 22050 of the Public Contract Code
authorizes a public agency, pursuant to a four-fifths majority of its governing body, to repair the
public facility without giving notice ~for bids to let contracts; and,
FINDINGS
WI~E1tEAS, the City Council of the City of Petaluma hereby finds as follows:
A. Pursuant to California Public Contract Code Section 22168, the public interest
and necessity demand the immediate commencement of the above-described work at
Adobe Creek Sewer Main and the expenditure of public money for such work to
safeguard life, health and property.
B. Pursuant to California Public Contract Code Section 22050, substantial evidence
as set forth in the staff report prepared ~oncerning this Resolution, and as set forth in this
Resolution, establishes that the emergency conditions at Adobe Creek Sewer Main would
not permit delay resulting from competitive solicitation for bids for the work required as
described above, and such work is necessary to respond to the emergency conditions with
the Adobe Creek Sewer Main.
C. Competitive bidding of the emergency work required with the Adobe Creek
Sewer Main would jeopardize the public health, safety and welfare, and risked further
damage to public and private property, and resulted in the public incurring additional
expense, including, but not limited to, additional expense due to delay and possible
environmental impacts and regulatory fines, and therefore competitive bidding of such
work would not produce an advantage for the public.
NOW, T'~IEREFOIZE, BE I'T RESOLVED BY '~HE CI'~Y COUNCIL OF TI~E
CITY OF PETALIIMA AS FOI,LOWS:
The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
Resolution No. 2010-143 N.C.S. Page 2
2. Authorizes the inclusion of the necessary budget adjustment transferring wastewater
funds as part of the 1 S` Quarter Budget Adjustment as follows:
CIPP Pro~ect Account Number Description Amount
C66401102 30600-54151 Pond Influent Pump Station Grinder ($155,000)
Acquisition and Installation
C66401105 30600-54151 Adobe Creek Emergency $155,000
Sewer Main Repair
3. The Project Budget in the amount of $155,000 is hereby approved.
4. Award of contracts for the emergency work ordered at Adobe Creek sewer main is
exempt from California Public Contract Code competitive bidding requirements pursuant
to California Public Contract Code Sections 20168 and 22050 and the established
common-law doctrine articulated in the case of Graydon v. Pasadena Redevelopment
Agency (1980) 104 Ca1.App. 3d 631. As well, award of contracts for the sewer main
repair work is exempt from competitive bidding requirements in the City of Petaluma
Charter and Municipal Code in accordance with Section 4.04.050 of the Petaluma
Municipal Code.
5. The City Manager and/or his designee is authorized to execute on behalf of the City of
Petaluma a time and materials construction agreement with Team Ghilotti, Inc. for the
Adobe Creek Emergency Sewer Main Repair for a not to exceed amount of $155,000 for
the performance of the emergency work described above and on terms and conditions
that are appropriate for such projects, as approved by the City Attorney.
6. This resolution shall become effective immediately.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 2°d day of August, f n•
2010, bythe following vote:
AYES: Barrett, Vice Mayor Glass, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: Harris
ABSTAIN: None
ATTEST:
City Clerk
Assistant City Attorney
Resolution No. 2010-143 N.C.S. Page 3