HomeMy WebLinkAboutRESOLUTION 2024-153 N.C.S. 12/02/2024 Docusign Envelope ID: D168CC27-9538-4B73-8D17-DBCE3CF9EB50
Resolution No. 2024-153 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR PHASE ONE IMPROVEMENTS
FOR THE CHEMICAL SYSTEM UPGRADE AT ELLIS CREEK PROJECT (C66501840) TO
PACIFIC INFRASTRUCTURE CORPORATION
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162, and other applicable laws, City staff prepared construction bid documents and
solicited bids for Phase One work of the Ellis Creek Chemical System Upgrade project (C66501840); and
WHEREAS,the project initially received bids on July 18, 2024, and on August 5, 2024, through Resolution
No. 2024-089 N.C.S., the City Council rejected all bids in accordance with Petaluma Municipal Code Section
4.04.080(D) and Public Contract Code Section 20166, which grant the Council authority to reject bids and re-
advertise as necessary; and
WHEREAS, the project was the bid on Friday, September 6, 2024, and three (3) bids were received and
opened on Thursday, October 10, 2024, in accordance with applicable law; and
WHEREAS,the bid submitted by Myers&Sons Construction LLC,the apparent low bidder,was determined
to be nonresponsive due to failure to comply with the statement of qualifications bid form; and
WHEREAS, Pacific Infrastructure Corporation, from Pleasanton, California, is therefore the lowest
responsible and responsive bidder for the project, with a bid amount of$4,797,700; and
WHEREAS, it has been determined that Pacific Infrastructure Corporation satisfies the bidding
requirements for the project; and
WHEREAS, no bidders protested Pacific Infrastructure Corporations' bid, and the deadline to submit a
protest has lapsed; and
WHEREAS, the project is eligible for a categorical exemption to the California Environmental Quality Act
("CEQA") under CEQA Guidelines Sections 15301 (Class 1, Existing Facilities), which applies to projects
consisting of operation, repair, maintenance and minor alterations to existing public facilities, 15302 (Class 2),
which applies to projects consisting of replacement or reconstruction of existing structures where the new
structure will be located on the same site and will have substantially the same purpose as the structure being
replaced, and 15303 (Class 3)which consists of minor construction and installation and there is negligible or no
expansion of use beyond what currently exists, and there are no cumulative impacts, unusual circumstances, or
other factors that would make the exemption inapplicable (for greater detail, please refer to the CEQA Memo
attached to this resolution as Exhibit A); and
WHEREAS, a notice of exemption was issued for the project; and
WHEREAS,the Public Works Director has found this project to be substantially complex due to the number
of resources needed to complete the project, including the number of days, workers, and labor; the tasks needed
to complete the project; specialty contractor work needed (including electrical, controls and instrumentation);
and, the size and impact of the project and therefore, this is a unique project that is not regularly performed and
requires a higher retention amount beyond five percent.
Resolution No. 2024-153 N.C.S. Page 1
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NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
1. Declares that the above recitals are true and correct and are incorporated into this Resolution as findings of
the Petaluma City Council.
2. Finds that this project is eligible for a categorical exemption to the California Environmental Quality Act
("CEQA") under CEQA Guidelines Sections 15301 (Class 1, Existing Facilities), which applies to projects
consisting of operation, repair, maintenance and minor alterations to existing public facilities; 15302 (Class
2), which applies to projects consisting of replacement or reconstruction of existing structures where the new
structure will be located on the same site and will have substantially the same purpose as the structure being
replaced; and 15303 (Class 3), which consists of minor construction and installation, and there is negligible
or no expansion of use beyond what currently exists, and there are no cumulative impacts, unusual
circumstances, or other factors that would make the exemption inapplicable.
3. Finds that this project is substantially complex due to the number of tasks needed to complete the project; the
number of resources, specialty contractor work needed (including electrical, controls and instrumentation);
and, the size and impact of the project.
4. Finds the bid submitted by Myers& Sons Construction LLC to be non-response pursuant to the reasons stated
in Attachment 3 to the concurrent staff report.
5. In accordance with the City of Petaluma Charter and Municipal Code,California Public Contract Code Section
20162, and other applicable law, waives any and all non-conformance in the bid of Pacific Infrastructure
Corporation, for Phase One work for the Chemical System Upgrade at Ellis Creek Project (C66501840) and
finds the bid of$4,797,700 to be the lowest responsible and responsive bid.
6. Awards the contract for the Chemical System Upgrades at Ellis Creek Phase 1 Project(C66501840) to Pacific
Infrastructure Corporation, in the amount of$4,797,700,the amount of the lowest responsible and responsive
bid, conditioned on Pacific Infrastructure Corporation's timely execution of the project contract and
submitting all required documents, including but not limited to, executed bonds, certificates of insurance, and
endorsements, in accordance with the project bid documents.
7. Directs staff to issue a notice of award to Pacific Infrastructure Corporation.
8. Approves a construction contract contingency of$479,700.
9. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma
upon timely submission by Pacific Infrastructure Corporation, of the signed project contract and all other
required documents, including but not limited to executed bonds, certificates of insurance, and endorsements,
in accordance with the project bid documents.
Resolution No. 2024-153 N.C.S. Page 2
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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 2nd day of December Docusign%M:
2024,by the following vote:
u
�ASAFOdFWA8n
City Attorney
AYES: Shribbs,Barnacle,Cader Thompson,Healy,Nau,Pocekay
NOES: None
ABSENT: McDonnell
ABSTAIN: None
DocuSigned by: Signed by:
ATTEST:
184689A429E4492... Db' ---
City Clerk Vice-Mayor
Resolution No. 2024-153 N.C.S. Page 3
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MEMORANDUM
To: City of Petaluma Department of Public Works& Utilities
From: Brian Grattidge
Subject: Class 1 and Class 2 Categorical Exemption for the ECWRF Phase 1 and Phase 2 Chemical
System Upgrade Project
Date: November 20, 2024
cc: Sam Hawkinson
Attachment(s):
1 Introduction
1 .1 Overview
This document provides information on the Ellis Creek Water Recycling Facility(ECWRF) Chemical System Upgrade
Phase I and Phase 2 Project (project) and the project circumstances to support a determination by the City of
Petaluma (City), acting as the lead agency,that the project is exempt from the California Environmental Quality Act
(CEQA) pursuant to a Class 1 categorical exemption (Section 15301 of the CEQA Guidelines) and a Class 2
categorical exemption (Section 15302 of the CEQA Guidelines). Furthermore, the application of the categorical
exemptions are not barred by one of the exceptions set forth in CEQA Guidelines 15300.2.
1 .2 California Environmental Quality Act Compliance
CEQA applies to all discretionary projects proposed to be carried out or approved by California Public agencies,
including state, regional, county and local agencies, unless an exemption applies. The proposed upgrade to the
ECWRF Chemical System is a discretionary activity to be undertaken by a public agency that has the potential to
result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change,
and is therefore considered a "project" under CEQA. The project would be carried out by the City of Petaluma, a
California public agency, which will act as the CEQA lead agency.
As discussed in Section 3, below,the project is consistent with a Class 1 Categorical Exemption (Section 15301 of
the CEQA Guidelines) and a Class 2 Categorical Exemption (CEQA Guidelines Section 15302). The project is not
subject to any of the exceptions that would prohibit the application of the exemption (CEQA Guidelines Section
15300.2).
1 .3 Public Notification
When a lead agency has determined that a project is exempt under CEQA, it may file a Notice of Exemption (NOE),
per Guidelines Section 15062, with the County Clerk, and/or State Clearinghouse. The City will file the notice with
the Sonoma County Clerk.
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MEMORANDUM
SUBJECT: ECWRF CHEMICAL SYSETEM UPGRADE PROJECT
2 Project Description
2.1 Project Location
The project site is located within an existing area of the ECWRF, located in Southeast Petaluma at 3890 Cyprus
Drive.The ECWRF is owned and operated bythe City of Petaluma Department of Public Works&Utilities.The project
site is located on three parcels: assessor's parcel numbers (APN) 068-010-033,068-010-025, and 068-010-023.
All project work would be contained within the existing ECWRF boundaries. Access to the project site is provided
from Highway 116 (Lakeville Highway), which is located northeast of the project site. The project site is relatively
flat and is surrounded by other ECWRF infrastructure,tidal marsh, and vacant land.
2.2 Existing Land Use
The project proposes to replace, relocate, and upgrade existing facilities within the ECWRF. The entirety of the
project site is zoned as Planned Community District and was partially developed in the early to mid-1970s with the
construction of the oxidation ponds.The oxidation ponds were a component of the previous wastewater treatment
system, prior to the construction of the ECWRF in 2009. Prior to the construction of the oxidation ponds, the tidal
marsh extended into Ponds 10 through 7 on the eastern portion of the project site.Areas surrounding what are now
the oxidation ponds were rangeland prior to the 1970s. Historical aerial imagery suggests that the project site has
not changed significantly following the construction of the oxidation ponds(Dudek 2023).
The project site consists of ponds 4,5,8,9 and the existing bridge over Ellis Creek which connects the oxidation
ponds to the main ECWRF facility.
The ECWRF has undergone several improvements, analyzed in the 2002 Water Recycling Facility and River Access
Improvements Environmental Impact Report (EIR) (SCH# 2001052089). The EIR analyzed operations and
maintenance activities atthe ECWRF. In addition,several Addenda to the EIR have been prepared for minor changes
to the plant between 2004 and 2022. While this project could likely be covered by an Addendum to the 2002 EIR,
due to the minor nature of the proposed improvements, the filing of a Notice of Exemption is deemed to be the
appropriate CEQA compliance method.
2.3 Proposed Project
The City of Petaluma Department of Public Works & Utilities proposes chemical system upgrades at the ECWRF.
These upgrades would include the replacement and relocation of the ECWRF's sodium hypochlorite storage and
feed systems to an area near the Wetlands Pump Station (WEPS) sodium hypochlorite feed point, along with all
necessary ancillary storage facilities, equipment, and components associated with a chemical storage and feed
system. In addition, road improvements are proposed to provide all-weather access for chemical trucks and water
line extensions to provide 1W and 3W water for equipment wash down and eye wash/safety shower supply.
The existing system poses operational challenges due to its age, location, and overall condition. The system is at
risk of failure which could result in disinfection noncompliance with the facility discharge permit. The proposed
upgrades would ensure the facility's compliance with current regulations and safety standards while also improving
efficiency.
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Phase 1 of the project would replace the existing hypochlorite storage and dosing system which is primarily located
at the south corner of Oxidation Pond 10, with chemical feed piping running along Oxidation Ponds 9 and 10, on
the elevated levee,to the existing WEPS.Two water pipelines(1W and 3W)will run from the existing ECWRF via the
Ellis Creek bridge crossing, and in the levee road to the west of ponds 4, 5, 8, and 9. An asphalt concrete (AC)
roadway, 12 feet in width, would be constructed around the perimeter of Ponds 4 through 9.An AC roadway would
also be constructed between ponds 8 and 9.The total area of disturbance would be less than 2 acres. To address
potential safety concerns related to trees falling on the access road or new facilities during periods of inclement
weather, existing eucalyptus trees located near Oxidation Ponds 8 and 9 will be removed as part of the project.
These improvements would be followed by Phase 2 of the project. The Phase 2 project would consist of additional
chemical storage and feed system replacement at the existing chemical storage area located near the south corner
of Oxidation Pond 10. The Phase 2 effort would include replacement of existing sodium bisulfite and sulfuric acid
storage and feed systems, along with replacement of the existing lab and office space. The Phase 1 project is
planned for construction in 2025, with Phase taking place in late-2025 and early 2026.
3 Determination of Exemption
3.1 Exemption Classifications
The project qualifies under the Class 1 Categorical Exemption, per CEQA Guidelines Section 15301, and the Class
2 Categorical Exemption, per CEQA Guidelines Section 15302. Section 15301 reads as follows:
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
of existing public or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use. The types of "existing facilities" itemized
below are not intended to be all-inclusive of the types of projects which might fall within Class 1.The key
consideration is whether the project involves negligible or no expansion of use.
Examples includes but are not limited to:
a) Interior or exterior alterations involvingsuch things as interior partitions, plumbing,and electrical
conveyances;
b) Existing facilities of both investor and publicly owned utilities used to provide electric power,
natural gas, sewerage, or other public utility services;
c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar
facilities(this includes road grading for the purpose of public safety), and other alterations such
as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share
facilities and bicycle lanes,transit improvements such as bus lanes, pedestrian crossings,street
trees, and other similar alterations that do not create additional automobile lanes);
d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical
equipment to meet current standards of public health and safety, unless it is determined that
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the damage was substantial and resulted from an environmental hazard such as earthquake,
landslide, or flood;
e) Additions to existing structures provided that the addition will not result in an increase of more
than:
1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet,
whichever is less; or
2) 10,000 square feet if:
A. The project is in an area where all public services and facilities are available to allow
for maximum development permissible in the General Plan and
B. The area in which the project is located is not environmentally sensitive.
f) Addition of safety or health protection devices for use during construction of or in conjunction
with existing structures,facilities, or mechanical equipment, or topographical features including
navigational devices;
g) New copy on existing on and off-premise signs;
h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the
use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural
Code);
i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway
devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to
protect fish and wildlife resources;
j) Fish stocking by the California Department of Fish and Game;
k) Division of existing multiple family or single-family residences into common-interest ownership
and subdivision of existing commercial or industrial buildings, where no physical changes occur
which are not otherwise exempt;
1) Demolition and removal of individual small structures listed in this subdivision:
1) One single-family residence. In urbanized areas, up to three single-family residences may be
demolished under this exemption.
2) A duplex or similar multifamily residential structure. In urbanized areas,this exemption applies
to duplexes and similar structures where not more than six dwelling units will be demolished.
3) A store, motel, office, restaurant, or similar small commercial structure if designed for an
occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the
demolition of up to three such commercial buildings on sites zoned for such use.
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4) Accessory(appurtenant)structures including garages, carports, patios, swimming pools, and
fences.
m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision
of the Department of Water Resources.
n) Conversion of a single family residence to office use.
o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization
unit for the treatment of medical waste generated by that facility provided that the unit is
installed and operated in accordance with the Medical Waste Management Act (Section
117600, et seq., of the Health and Safety Code)and accepts no offsite waste.
p) Use of a single-family residence as a small family day care home,as defined in Section 1596.78
of the Health and Safety Code.
The project proposes to replace and relocate infrastructure at an existing publicly owned utility,as part of operation
and maintenance activities, consistent with item (b) above. The Project would not result in the expansion of this
infrastructure or the project site. The Project would thus qualify as repair, maintenance, and minor alterations of
existing public infrastructure consistent with the scope and intent of the Class 1 Categorical Exemption.
Section 15302 reads as follows:
Class 2 consists of replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced, including but not limited to:
a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant
structures which do not increase capacity more than 50 percent.
b) Replacement of a commercial structure with a new structure of substantially the same size,
purpose, and capacity.
c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or
no expansion of capacity.
d) Conversion of overhead electric utility distribution system facilities to underground including
connection to existing overhead electric utility distribution lines where the surface is restored to
the condition existing prior to the undergrounding.
The project proposes to replace and relocate existing infrastructure at the ECWRF that is at risk of failing.The
replacement infrastructure proposed by the project would be located on the same site and would substantially
serve the same purpose as the infrastructure being replaced. As such, the project is within the range of
activities described by Section 15302.
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3.2 Exceptions
A categorical exemption may not be used where the record shows that one of the exceptions listed in Guidelines
Section 15300.2 applies to the project.
project:Exceptions:Would the
a) Be located in a sensitive environment that has been designated and
mapped by a federal, state or local agency? (Applies only to Classes ❑
3,4, 5, 6, and 11.)
b) Result in a cumulative impact from successive projects of the same ❑
type in the same location?
c) Have a significant effect on the environment due to unusual ❑
circumstances?
d) Damage scenic resources, including but not limited to trees, historic,
buildings, rock outcroppings, or similar resources, within a highway ❑
officially designated as s state scenic highway?
e) Be located on a site which is included on any list complied pursuant ❑
to Section 65962.5 of the Government Code?
f) Cause a substantial adverse change in the significance of a historical ❑
resource?
a) Would the project be located in a sensitive environment that has been designated and mapped by a
federal,state or local agency?
This exception applies to exempt activities covered under Classes 3,4,5,6,and 11.The project qualifies as a Class
1 Categorical Exemption and a Class 2 Categorical Exemption;therefore,this exception would not apply.
b) Would the project result in a cumulative impact from successive projects of the same type in the same
location?
The ECWRF has been the subject of several improvements,analyzed in the 2002 Water Recycling Facility and River
Access Improvements EIR (SCH#2001052089).A recent project,the ECWRF Floating Solar Array, was analyzed in
a 2022 Addendum to the prior EIR, but has not been constructed. This project would install a floating photovoltaic
solar energy array on Pond 3.
A future project,the ECWRF Oxidation Ponds Transfer Structure Rehabilitation Project, is in the preliminary design
phase. This project would rehabilitate the existing water transfer pipeline that connect the oxidation ponds and
allow the ECWRF operator to efficiently balance the treated effluent.
While the projects would occur within the ECWRF,they would affect distinct components of the facility.Construction
required for the Solar Array and the Transfer Structure Rehabilitation projects would be limited in scale, and would
not overlap. They would not interact with environmental resources, such as biological or cultural resources, in a
manner that would result in a cumulative impact. Therefore, a potentially significant cumulative impact would not
occur as a result of other successive projects.
c) Would the project have a significant effect on the environment due to unusual circumstances?
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This exception is a two-part question. The first question is, are there are unusual circumstances that apply to the
project?The second question is, if there are unusual circumstances,would they result in a significant environmental
effect? Both of these questions must be answered in the affirmative for the exception to apply.
The project site consists of a portion of the 10 existing oxidation ponds, which are part of the ECWRF. The project
would replace the existing chemical system and existing chemical storage area and reconstruct several of the
existing pond levee roads.The project would require the removal of several eucalyptus trees west of oxidation pond
9. Removal of non-native trees would not be considered unusual. The project would also replace existing sodium
bisulfite and sulfuric acid storage and feed systems and existing lab and office space.
No unusual circumstances have been identified related to the project site.Therefore,the second question (whether
or not unusual circumstances would result in a significant impact) does not need to be addressed, and this
exception would not apply.
d) Would the project damage scenic resources, including but not limited to trees, historic, buildings, rock
outcroppings, or similar resources, within a highway officially designated as a state scenic highway?
There are no state scenic highways within the City of Petaluma. CalTrans identifies a portion of Highway 116, near
its intersection with Highway 101, as an eligible scenic highway. However, this portion of the Highway is not an
officially designated scenic highway nor is the project site within its viewshed (CalTrans 2023). Therefore, this
exception would not apply.
e) Would the project be located on a site which is included on any list complied pursuant to Section 65962.5
of the Government Code?
The project site is not included on a site listed pursuant to Section 65962.5 of the Government Code (DTSC 2023;
SWRCB 2023). In addition, the prior EIR did not identify a hazardous site at the project location. Therefore, this
exception would not apply.
0 Would the project cause a substantial adverse change in the significance of a historical resource?
The ECWRF site, includingthe oxidation ponds,was evaluated in the prior EIR.The prior EIR, identified a farmhouse,
located on Lakeville Highway, west of the oxidation ponds (also referred to as "Parcel A" in the prior EIR), as a
significant local historical resource. This resource is a component of Masciorini Ranch, discussed further, below.
An updated records search was prepared for the ECWRF Oxidation Ponds Transfer Structure Rehabilitation Project.
That records search, made in April 2023, identified an Area of Potential Effects(APE)which includes the proposed
Chemical System Upgrade project.This search, conducted by the Northwest Information Center(NWIC), included a
review of mapped prehistoric, historical and built-environment resources, Department of Parks and Recreation
(DPR) Site Records, technical reports, archival resources, and ethnographic references. Additional consulted
sources included the National Register of Historic Places (NRHP), California Inventory of Historical
Resources/California Register of Historic Resources(CRHR)and listed Office of Historic Preservation Archaeological
Determinations of Eligibility, California Points of Historical Interest, California Historical Landmarks, and Caltrans
Bridge Survey information.
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NWIC records indicate that 7 previous cultural resources technical investigations have been conducted within a
half-mile of the APE. One resource, P-49-002904, is located north of the ECWRF main facility,west of the oxidation
ponds. P-49-002904, Masciorini Ranch, is an early 201h century farm/ranch complex consisting of a residential
house, garage,three outbuildings, irrigation ditches, pump house and livestock ramp.The ranch complex was built
around the turn of the 20th century. P-49-002904 was determined to be eligible for listing in the National Register
of Historic Places under Criterion A for its close association with activities that defined the agricultural identity of
Sonoma County.
Two other resources have been previously identified within one half-mile of the project APE, both of which are
historic in age. The Radar Facility (P-49-002905) is a communication facility built and operated by the Federal
Aviation Administration and was decommissioned in 1978. The Northwestern Pacific Railroad track and grade (P-
49-002834)consists of standard gauge railroad track. Both P-49-002905 and P-49-002834 were found not to be
eligible for the National Register of Historic Places.
A pedestrian survey of the oxidation ponds, including the WEPS site, was conducted by Dudek on May 25, 2023.
No potentially significant historic resources were identified during the survey.
The proposed project would not affect the previously identified Masciorini Ranch complex, which is located over
900 feet from the closest project component (the Ellis Creek bridge). No other resources have been identified in
the project area. Therefore,this exception does not apply.
3.3 Conclusion
The project is consistent with the activities contemplated under the Class 1 and Class 2 Categorical Exemptions.
The project site consists of existing ECWRF infrastructure and facilities. The proposed project would replace,
relocate, and upgrade existing infrastructure that is at risk of failing.The project would be located on the same site
as the existing infrastructure, would not result in expanded infrastructure, and it would generally serve the same
purpose.
None of the exceptions that would prevent the use of a categorical exemption, per CEQA Guidelines Section
15300.2, apply to the project.
There is substantial evidence supporting the lead agency's finding that the project is exempt from further review
under CEQA.
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4 References
4.1 References Cited
CalTrans. 2023. List of eligible and officially designated State Scenic Highways.
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-I iva bi I ity/lap-I iv-i-scen ic-
h ighways.
City of Petaluma. 2002. Water Recycling Facility and River Access Improvements Environmental Impact Report.
SCH # 2001052089. Certified July 2002.
Department of Toxic Substances Control (DTSC). 2023. EnviroStor Database List of Hazardous Waste and
Substances sites. https://calepa.ca.gov/sitecleanup/corteselist/.
State Water Resource Control Board (SWRCB). 2023. GeoTracker Database list of Leaking Underground Storage
Tank Sites.
https://geotracker.waterboa rds.ca.gov/search?CM D=search&case_nu m ber=&business name=&mai n_st
reet_name=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&B RANCH=&MASTER_BASE=&S
earch=Search.
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