HomeMy WebLinkAboutRESOLUTION 2025-108 N.C.S. 07/21/2025
Resolution No. 2025-108 N.C.S. Page 1
Resolution No. 2025-108 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING AWARD OF CONTRACT, ACCEPTING COMPLETION OF, AND
AUTHORIZING RELEASE OF THE 10% RETENTION FOR THE MCDOWELL AT SOUTHPOINT
BLVD. EMERGENCY WATER MAIN REPAIR PROJECT WITH AZUL WORKS, INC.
WHEREAS, on November 21, 2024, during a storm event, Operations staff was made aware of sediment-
laden water in the gutter on Southpoint Blvd., and pavement upheaval at the northwest curb ramp of the N.
McDowell Blvd and Southpoint Blvd. due to the existing 8-inch ductile iron water main had ruptured, causing a
major leak; and
WHEREAS, in accordance with Public Contract Code Section 1102, the failure constituted a “sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate
the loss or impairment of life, health, property, or essential public services;” and
WHEREAS, repair of the water main for the McDowell at Southpoint Blvd. Emergency Water Main Repair
Project (“Project”) constituted an emergency pursuant to Public Contract Code Section 1102 as the failure was
sudden and unexpected and the repair work required immediate action to mitigate the loss of property damage
and public services; and
WHEREAS, Section 4.04.050 of the Petaluma Municipal Code and Public Contract Code 20168, authorizes
Petaluma to issue emergency purchase order to address emergency work; and
WHEREAS, the City of Petaluma created an emergency purchase order with Azul Works, Inc. to perform
the work on a time and materials basis; and
WHEREAS, Azul Works, Inc. completed the work for the amount of $15,088; and
WHEREAS, City staff have inspected the Project and determined that it has been completed in accordance
with the contract requirements subject to the Contractor’s continuing warranty and other obligations pursuant to
the contract; and
WHEREAS, the reconstruction of an existing facility is statutorily exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and
WHEREAS, the reconstruction of an existing facility is statutorily exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement, or Reconstruction); and
WHEREAS, the emergency repair work is statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction or Conservation of Small Structures);
and
WHEREAS, therefore is also exempt pursuant to CEQA Guidelines Section 15269 (Emergency Projects);
and
WHEREAS, in accordance with Government Code Section 830.6 the City Engineer found the Project design
and plans reasonable, and
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Resolution No. 2025-108 N.C.S. Page 2
WHEREAS, in accordance with Government Code Section 830.6, the Project was constructed in conformity
of the City’s Water System Standards approved by the City Engineer; and
WHEREAS, based on the foregoing, staff recommend acceptance of the Project on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
1. Finds that the above recitals are true and correct and are incorporated herein as findings of this Resolution.
2. Ratifies the award of contract for the urgent repair of the McDowell at Southpoint Blvd. Emergency Water
Main Repair project to Azul Works, Inc.
3. Finds that the McDowell at Southpoint Blvd. Emergency Water Main Repair project constituted an emergency
and that the City satisfied its Charter and Municipal Code purchasing requirements.
4. The contract entitled McDowell at Southpoint Blvd. Emergency Water Main Repair, with a final contract
amount of $15,088, is accepted as complete, subject to the Contractor’s continuing warranty and other
obligations pursuant to the contract.
5. The City Clerk/Recording Secretary 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 (60) days of the date of this Resolution and in accordance with the terms of the Project contract, the
Petaluma City Charter, California Public Contract Code Section 7107, and applicable laws.
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
Council of the City of Petaluma at a Regular meeting on the 21st day of July 2025,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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