HomeMy WebLinkAboutResolution 2023-028 N.C.S. 03/06/2023 DocuSign Envelope ID: B071 1 D02-D44B-4CBD-9568-96EAF726EAC2
Resolution No. 2023-028 N.C.S.
of the City of Petaluma, California
RATIFYING AWARD OF CONTRACT,ACCEPTING COMPLETION OF THE EMERGENCY
RESTORATION OF THE ELLIS CREEK WATER RECYCLING FACILITY OUTFALL
RELOCATION PROJECT AS PERFORMED BY COASTSIDE CONCRETE & CONSTRUCTION,
INC.,AND AUTHORIZING RELEASE OF THE 10% RETENTION AND FINDING THIS ITEM HAS
BEEN ADDRESSED IN A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND
NO SEPARATE, SUBSEQUENT, OR SUPPLEMENTAL REVIEW IS WARRANTED
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling Facility, located at
3890 Cypress Drive, Petaluma California; and
WHEREAS,the City of Petaluma awarded a contract to NBC Construction&Engineering, Inc.,to complete
the Ellis Creek Water Recycling Facility Outfall Relocation Project on August 8, 2022; and
WHEREAS, NBC Construction & Engineering Inc. was unable to complete the project as specified, and
demobilized from the site ending on October 26, 2022; and
WHEREAS, the condition of the site on October 26, 2022, did not meet the requirements of the various
permits for the project, San Francisco Regional Water Quality Control Board - Section 401 Water Quality
Certification, California Department of Fish and Wildlife - Streambed Alteration Agreement, Army Corps of
Engineers - Section 404 Nationwide Permit and Bay Conservation and Development Commission - Regionwide
Permit 2; and
WHEREAS, restoration was required to maintain continued operation of the Ellis Creek Water Recycling
Facility,to reduce the danger to the City's property and surrounding environment,and to bring the site conditions
into compliance with permit requirements; and
WHEREAS,the immediacy of the restoration did not allow sufficient time to bid the project through standard
procedures; and
WHEREAS,pursuant to Petaluma Municipal Code Section 4.04.050,the City's bidding requirements, "may
be dispensed ... when an emergency requires that an order be placed with the nearest available source of supply;
and
WHEREAS, Public Works staff deemed the stabilization work an emergency; and
WHEREAS, "It has been held that where competitive proposals work an incongruity and are unavailing as
affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically
impossible to obtain what is required and to observe such form, competitive bidding is not applicable."(Graydon
v. The Pasadena Redevelopment Agency(1980) 104 Cal. App. 3d 631, 636); and
WHEREAS, the initial project was put out to bid but nobody responded; and
WHEREAS, due to the narrow permit windows and the fact that nobody originally bid on the project, it
would have been unavailing to place this emergency work out for bid and have the project be completed within
the permit window; and
Resolution No. 2023-028 N.C.S. Page 1
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WHEREAS, City staff prepared a scope of services and obtained a quote from Coastside Concrete &
Construction Inc. for the Emergency Restoration of Ellis Creek Water Recycling Facility Outfall ("Emergency
Restoration Project"); and
WHEREAS, the quote submitted by Coastside Concrete & Construction Inc. was found by staff to be fair
and reasonable and satisfies the requirements for the project; and
WHEREAS, staff has verified that Coastside Concrete & Construction, Inc., possess a valid California
Contractor's License, Class A(General Engineering Contractor), number 995338 that qualifies the Contractor to
perform the project; and
WHEREAS, an Environmental Impact Report (EIR) for the ECWRF (State Clearinghouse #2001052089)
was certified on August 5, 2002, by City Council as Resolution No. 2002-135, with addenda prepared in 2004,
2005, 2006, 2007, and twice in 2016; and
WHEREAS, on August 1, 2022, the City Council certified the Water Recycling Facility and River Access
Improvements Environmental Impact Report Outfall Relocation Addendum,and adopted a Mitigation Monitoring
Plan; and
WHEREAS, the FY 22/23 Capital Improvement Program (CIP) budget is sufficient to complete the
Emergency Restoration Project; and
WHEREAS, the City of Petaluma reserves the right to seek reimbursement of funds due to the inability of
NBC Construction & Engineering Inc. to complete the Ellis Creek Water Recycling Facility Outfall Relocation
Project; and
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 21321, and other applicable laws, City staff executed two emergency purchase orders for
the Emergency Restoration Project, with a time and materials combined total not to exceed$98,576.40; and
WHEREAS, City staff have inspected the Emergency Restoration Project and determined that it has been
completed in accordance with the emergency purchase order requirements; and
WHEREAS, Coastside Concrete & Construction, Inc., has submitted a total and final invoice in the amount
of$77,920.52.
NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
I. Declares that the above recitals are to be true and correct and are incorporated into this resolution as findings
of the City Council.
2. In accordance with the City of Petaluma Charter and Municipal Code, City Council finds that the restoration
project constitutes emergency work and/or was unavailing to bid out the work pursuant to Graydon v. The
Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631 and therefore ratifies awarding the contract
for the Restoration of the Ellis Creek Water Recycling Facility Outfall,to Coastside Concrete&Construction,
Inc.
3. Coastside Concrete & Construction Inc.'s Emergency Restoration Project in the amount of$77,920.52, the
amount of the time and materials is accepted as complete.
4. The City Clerk is hereby authorized and directed to file a Notice of Completion concerning the Project with
the Sonoma County Clerk's Office within ten (10) days of the date of this Resolution.
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5. Staff is hereby authorized and directed to release all undisputed retention not subject to pending change orders
within sixty (60) days of the date of this Resolution and in accordance with the terms of the emergency
purchase orders,the Petaluma City Charter,California Public Contract Code Section 7107 and applicable law.
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 6"day of March 2023, D S"g ed Min:
by the following vote: F
,..
i orney
AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nau,Pocekay,
Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: -DDocuSigned by:l
ATTEST: u 0
Resolution No. 2023-028 N.C.S. Page 3