HomeMy WebLinkAboutCC Reso 2019-19 - Emergency Procurement without Public Bidding1
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RESOLUTION NO. 2019-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING PURSUANT TO
PUBLIC CONTRACT CODE SECTION 22050 THE EMERGENCY PROCUREMENT WITHOUT
PUBLIC BIDDING OF CONSTRUCTION SERVICES TO REPAIR THE BACKWASH BASINS AT
THE CITY OF UKIAH WATER TREATMENT PLANT
WHEREAS:
1. On February 27, 2019, under the authority in Ukiah City Code Section 5125 (Ordinance No. 995,
§1), the Director of Emergency Services ("Director") proclaimed the existence of a local
emergency as a result of conditions created by the severe winter storm affecting the City of Ukiah
("City") beginning in February 2019; and
2. On March 6, 2019, City Council adopted Resolution 2019-8 ratifying the Director's February 27,
2019 proclamation of a "local emergency" and proclaimed and ordered that said local emergency
shall be deemed to continue to exist until its termination is proclaimed by the City Council; and
3. On March 20, 2019, and April 3 and 17, 2019, City Council approved continuing of the Local
Emergency Resolution Proclamation; and
4. During the floods in February and March, the backwash basins in the Ukiah Water Treatment
Plant ("WTP") failed due to hydrostatic pressure from the elevated water levels in Orrs Creek;
and
5. Without these basins the water filters at the WTP cannot operate and water production capacity
is significantly impaired; and
6. With the onset of spring the use of water for irrigation in the City will increase to the point where
water must be diverted from the Russian River to meet demand; and
7. Surface waters from the Russian River must be treated at the WTP to meet primary and
secondary drinking water standards; and
8. When water demand reaches this level, the consumption of untreated water poses
unacceptable and potentially serious health hazards to users of the City's water system,
particularly young children, pregnant women and people with conditions making them
vulnerable to impurities that are removed from surface water by the WTP; and
9. The City Engineer estimates that it would take 120 days to develop plans and specifications to
bid the construction work required to repair the backwash basins, to advertise requests for bids,
to award the bid and to commence construction and an additional 3-4 weeks to complete the
work; and
10. The demand for treated water is likely to commence within sixty days and could be sooner,
depending on the weather; and
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11. Under Public Contract Code Section 22050(a)(1) in the case of an emergency, the City,
pursuant to a four-fifths vote of the City Council, may repair or replace a public facility and
procure the necessary equipment, services, and supplies for those purposes, without giving
notice for bids to let contracts; and
12. Under Public Contract Code Section 22050(a)(2) before the City Council takes such action, it
must make a finding, based on substantial evidence set forth in the minutes of its meeting, that
the emergency will not permit a delay resulting from a competitive solicitation for bids, and that
the action is necessary to respond to the emergency;
NOW, THEREFORE, BE IT RESOLVED that:
1. Based on the foregoing recitals and information, the City Council finds that an emergency condition
exists that must be repaired to avoid public health hazards that could result, if the repair work was
put out for competitive bids in compliance with the procedures required by the Uniform Construction
Cost Accounting Act.
2. The City Council authorizes the procurement of construction services to repair the backwash basins
at the WTP without providing notice inviting bids.
3. The City Council authorizes the City Procurement Officer to contract with Ghilotti Construction, Inc.
to repair the backwash basins at the WTP for a not to exceed amount of $386,359,50.
4. Awarding a contract to repair the backwash basins is categorically exempt from environmental
review under the California Environmental Quality Act as a Class 2 categorical exemption, because
it involves the replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. (14 CCR §15302.)
5. The emergency action taken by this resolution shall terminate upon the City Council's approval of a
certificate of completion for the backwash basin repair work.
PASSED AND ADOPTED this 24th day of April, 2019, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, and Mayor Mulheren
NOES: None
ABSENT: Councilmember Orozco
ABSTAIN: None
ATTEST:
1/A0 -e.
Kristine Lawler, City Clerk
aku
Mau een Mulheren, Mayor
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