HomeMy WebLinkAboutCC Reso 2019-56 - Approving Emergency Procurement RE Percolation Pond Levees1
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RESOLUTION NO. 2019-56
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 PERCOLATION POND
LEVEES AT THE CITY OF UKIAH WASTEWATER 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 subsequently as necessary, City Council approved continuing of the
Local Emergency Resolution Proclamation; and
4. During the floods in February and March, the percolation pond levees at the Ukiah Wastewater
Treatment Plant ("WWTP") sustained significant damage: and
5. Repairs to the percolation pond levees were not immediately possible to high inflows and levee
inundation; and
6. Dewatering of the percolation ponds enough to fully assess the damage, solicit bids, and
schedule repairs was recently achieved; and
7. Without these ponds the WWTP cannot operate at full capacity and storage is significantly
impaired; and
8. With the onset of the high inflow season the City will need full the WWTP for have full capacity
and storage capabilities to avoid impacts to the Russian River; 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 percolation pond levees, 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 need for full capacity and storage capabilities is likely to commence within sixty days and
could be sooner, depending on the weather; and
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
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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 percolation pond
levees at the VVWTP 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 WVVfP for a not to exceed amount of $315,620.00.
4. Awarding a contract to repair the percolation pond levees 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 4th day of December, 2019, by the following roll call vote:
AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Kristine Lawler, City Clerk
Dougla- F. Crane, Mayor
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