HomeMy WebLinkAboutResolution 2023-084 N.C.S. 06/05/2023 DocuSign Envelope ID:527B540E-AC34-435E-B155-6851AB611960
Resolution No. 2023-084 N.C.S.
of the City of Petaluma, California
RATIFYING AWARD OF CONTRACT,ACCEPTING COMPLETION OF
THE EMERGENCY BYPASS PUMPING OF THE ELLIS CREEK WATER RECYCLING
FACILITY OUTFALL AS PERFORMED BY TEAM GHILOTTI, INC.,
AND AUTHORIZING RELEASE OF THE 10% RETENTION
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling Facility (ECWRF),
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 January 12, 2023, did not meet the necessary design discharge for
the Ellis Creek Water Recycling Facility outfall; and
WHEREAS, the weather conditions during the winter of 2022-2023 resulted in flows that could have been
accommodated by the designed outfall, but without the outfall relocation completed a bypass pumping system
was necessary to maintain the safe, functional operation of the Ellis Creek Water Recycling Facility; and
WHEREAS,the immediacy of the restoration did not allow sufficient time to bid the project through standard
procedures; and
WHEREAS, City staff prepared a scope of services and obtained a quote from Team Ghilotti, Inc. for the
Emergency Bypass Pumping of the Ellis Creek Water Recycling Facility Outfall ("Emergency Bypass Pumping
Project"); and
WHEREAS, the quote submitted by Team Ghilotti, Inc. was found by staff to be fair and reasonable; and
satisfies the requirements for the project; and
WHEREAS, staff has verified that Team Ghilotti, Inc. possesses a valid California Contractor's License,
Class A (General Engineering Contractor), number 895384 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, 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 project is categorically exempt pursuant to California Environmental Quality Act guidelines
section 15301 and Section 15269 which exempts emergency repairs to maintain services or are necessary to
mitigate an emergency; and
Resolution No. 2023-084 N.C.S. Page 1
DocuSign Envelope ID:527B540E-AC34-435E-B155-6851AB611960
WHEREAS, the FY 22/23 Capital Improvement Program 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 an emergency purchase order for the
Emergency Bypass Pumping Project, with a time and materials combined total not to exceed $126,579.00; and
WHEREAS, City staff have inspected the Emergency Bypass Pumping Project and determined that it has
been completed in accordance with the emergency purchase order requirements; and
WHEREAS, Team Ghilotti, Inc. has submitted a total and final invoice in the amount of$112,533.57.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Petaluma hereby:
1. 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,California Public Contract Code Section
21321, declares that the restoration project constitutes emergency work.
3. Finds that this item is categorically exempt pursuant to CEQA guidelines section 15301 (existing facilities)
and Section 15269 which exempts emergency repairs to maintain services or are necessary to mitigate an
emergency; and has been addressed in a previously certified environmental impact report and no separate,
subsequent, or supplemental review is warranted.
4. Ratifies the contract for the Emergency Bypass Pumping of the Ellis Creek Water Recycling Facility Outfall,
to Team Ghilotti Inc., in the amount of$112,533.57, the amount of the time and materials in accordance with
the executed emergency purchase orders.
5. The City Clerk is hereby authorized and directed to file a Notice of Completion concerning the Project with
the Sonoma County Clerk's Office within ten (10) days of the date of this Resolution.
6. Staff is hereby authorized and directed to release all undisputed retention not subject to pending change orders
within sixty (60) days of the date of this Resolution and in accordance with the terms of the emergency
purchase orders,the Petaluma City Charter,California Public Contract Code Section 7107 and applicable law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 51h day of June 2023, Docusignea arm:
by the following vote: --1 -
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i °�$ ornEF8ey
AYES: Mayor McDonnell,Vice Mayor Cader Thompson,Councilmembers Barnacle,
Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2023-084 N.C.S. Page 2
DocuSign Envelope ID:527B540E-AC34-435E-B155-6851AB611960
DocuSigned by: DocuSigned Jb�y:7n/I
ATTEST:
City Clerk Mayor
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