HomeMy WebLinkAboutResolution 2009-026 N.C.S. 03/02/2009Resolution No. 2009-026 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AGREEMENT WITH NORTH BAY CONSTRUCTION
FOR THE EMERGENCY REPAIR OF AN 8-INCH WATER MAIN
NEAR PETALUMA BLVD. NORTH
WHEREAS, a water leak on the 8-inch cast iron water main running from Industrial
Avenue, beneath the Petaluma River and serving three businesses on Petaluma Blvd. North is a
sudden, unexpected occurrence 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.
WHEREAS, the Water Resources and Conservation Department prosecuted the repair of
the leak until the work exceeded the capabilities of the equipment available to the Department;
WHEREAS, the repair requires the assistance of a general contractor experienced in the
repair of public water mains and deep trench excavation;
WHEREAS, 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
WHEREAS, 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 Petaluma
Boulevard North and Industrial Avenue in the City of Petaluma 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 concerning this resolution, and as set forth in this
resolution, establishes that the emergency conditions at Petaluma Boulevard North and Industrial
Resolution No. 2009-026 N.C.S. Page 1
Avenue in the City of Petaluma 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 at Petaluma Boulevard North and Industrial Avenue in the City of
Petaluma;
C. Competitive bidding of the emergency work required at Petaluma Boulevard
North and Industrial Avenue in the City of Petaluma 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 property loss, and therefore competitive bidding of such work would not produce an
advantage for the public.;
D. The emergency work required at Petaluma Boulevard North and Industrial
Avenue in the City of Petaluma is statutorily exempt from the requirements of the California.
Environmental Quality .Act (CEQA) pursuant to California Public Resources Code Section
15269, subparagraphs (b) and (c);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUMA AS FOLLOWS:
The above recitals are true and correct and hereby declared to be findings of the
City Council of the City of Petaluma.
2. Award of contracts for the emergency work ordered at Petaluma Boulevard North
and Industrial Avenue in the City of Petaluma 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.
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 North Bay Construction for
the emergency repair of an 8-inch water main near Petaluma Blvd. North for a not too exceed
amount of $75,994 for the performance of the emergency work described above and on terms
and conditions that are appropriate for such projects of general law cities, as approved by the
City Attorney.
Kesolution No. 2009-026 N.C.S. Page 2
4. City staff are directed, in accordance with California Public Contract Code
Section 22050(c)(1), to place on future regular agendas of the City Council an item concerning
the contracts authorized pursuant to this resolution so that the Council may determine whether
there is a need to continue the emergency work described above or whether such work may be
terminated.
City staff are directed to file a notice of exemption concerning the required
emergency work ordered with the Sonoma County Clerk in accordance with California Code of
Regulations Title 14, Section 15062.
6. This resolution shall become effective immediately.
7. Each portion of this resolution is severable. Should any portion of this resolution
be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the
remaining resolution portions shall be and continue in full force and effect, except as to those
resolution portions that have been adjudged invalid. The City Council of the City of Petaluma
hereby declares that it would have adopted this resolution and each section, subsection, clause,
sentence, phrase and other portion thereof, irrespective of the fact that one or more section,
subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted. by the ,f Approved as to
Council of the City of Petaluma at a Regular meeting on the 2"d day of March, ~' ~ for '
2009, by the following vote:
f
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~~~ - ~--'L~ ~~CJ v ~_
City Clerk
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