HomeMy WebLinkAboutResolution 2020-096 N.C.S. 06/15/2020Resolution No. 2020-096 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR EMERGENCY
REPAIR OF THE D STREET BRIDGE TO SUMMIT SIGNAL IN ACCORDANCE
WITH THE EMERGENCY CONTRACTING AUTHORITY IN PETALUMA
MUNICIPAL CODE SECTION 4.04.050, PUBLIC CONTRACT CODE SECTIONS 20168
AND 20155, AND OTHER APPLICABLE LAW
WHEREAS, the Petaluma D Street Bridge is a drawbridge built in 1933 and has had
numerous recent electrical failures from outdated equipment; and
WHEREAS, on May 29, 2020 CALTRANS inspectors noted structural degradation of
the motor mounts for the end locking mechanism on the D Street Bridge; and
WHEREAS, depending on whether the bridge is in the open or closed position at the
time, if the end lock assembly fails, the bridge will either not be able to be raised, potentially
preventing river traffic from crossing beneath the bridge, or would not be able to be locked on
closure, preventing the D Street traffic gates from operating and effectively closing D Street to
vehicular traffic; and
WHEREAS, Coast Guard regulations require the City to maintain the D Street Bridge in
an operable condition and to affect necessary repairs to maintain operability; and
WHEREAS, the U.S. Army Corps is seeking assurance from the City that the D Street
Bridge will be operational during the dredging project that is currently being bid and expected to
be awarded in late -July with work beginning as early as mid-August; and
WHEREAS, the public bidding process for needed D Street Bridge repairs can be
expected to take two to three months to bid and award the contract, resulting in the bridge being
left inoperable in the closed position for the duration, blocking traffic on the Petaluma River, and
fines potentially being levied by the U.S. Coast Guard for obstructing a federal navigable
waterway, as well as interference with or prevention of currently -planned dredging of the
Petaluma River essential to maintaining the navigability of the river, indicating the need for
emergency repair with a specialty contractor to avoid safety risks, potential damage to City
facilities and other property and to permit continued safe accommodation of Petaluma River
traffic and vehicular, bicycle and pedestrian traffic on D Street; and
WHEREAS, Summit Signal of Willits is very familiar with the D Street Bridge
electrical, mechanical, and control systems and has successfully performed similar emergency
repairs on moveable bridges on previous occasions, and represents that it is capable of
performing the emergency repair required for the D Street Bridge; and
WHEREAS, Summit Signal is the only contractor staff have identified with the specialty
expertise readily able to supply the City with bridge repair labor and materials to affect the
emergency repairs required to keep the D Street Bridge in a safe, operating condition; and
WHEREAS, Summit Signal has a current Class C-10 California Contractor's License,
License number 842536 that qualifies Summit Signal to perform the required emergency repair
work for the D Street Bridge; and
Resolution No. 2020-096 N.C.S. Page 1
WHEREAS, Petaluma Municipal Code 4.04.050 authorizes dispensing with otherwise
applicable competitive bidding requirements when an emergency requires that an order be placed
with the nearest available source of supply; and
WHEREAS, Public Contract Code Section 20168, part of the Local Agency Public
Construction Act, provides that in case of an emergency, the legislative body of a local agency
may pass a resolution by a four-fifths vote of its members declaring that the public interest and
necessity demand the immediate expenditure of public money to safeguard life, health, or
property and, upon adoption of the resolution, permits expending any sum required in the
emergency without further complying with the act, subject to compliance with the emergency
contracting procedures in Public Contract Code Section 22050; and
WHEREAS, Public Contract Code Section 22050 permits public agencies, following a
four-fifths vote of the agency's governing body, to repair or replace a public facility, to take any
directly related and immediate action required by an emergency and to procure the necessary
equipment, services and supplies for those purposes, without giving notice for bids to let
contracts, upon the agency making a finding, based on substantial evidence set forth in the
minutes of its meeting, that the emergency will not permit a delay resulting fiom a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, Section 22050 also requires a report to the agency governing body at its
next meeting why the emergency would not permit a delay resulting from a competitive
solicitation and why the action was necessary to respond to the emergency, and that the
governing body review the emergency action at its next regular meeting and at subsequent
regular meetings thereafter to determine, by a four fifths vote, that there is a need to continue the
action, and further requires local agency governing bodies to terminate emergency contracting
actions at the earliest possible date that conditions warrant so that regular noticed bidding can
resume; and
WHEREAS, the common law recognizes a bidding exception for circumstances where
competitive bidding of public contracts otherwise required by statute may be excused, including
circumstances where the contract is such that competitive proposals would be unavailing or
would not produce an advantage, and the advertisement for competitive bid would thus be
undesirable, impractical, or impossible (Graydon v. Pasadena RedevelopmentAgency (1980)
104 CA3d 631); and
WHEREAS, the estimated amount of the emergency repair work needed to supply,
install and repair the faulty D Street Bridge components is expected to not exceed $100,000; and
WHEREAS, project funds are available within the approved project D Street Bridge
Repairs, C16101933; and
WHEREAS, the needed emergency D Street Bridge repairs are statutorily exempt from
the requirements of the California Environmental Quality Act (CEQA) in accordance with
Section 15269 of the CEQA Guidelines as emergency repairs to publicly or privately owned
service facilities necessary to maintain service essential to the public health, safety or welfare;
and
WHEREAS, the needed D Street Bridge emergency repairs are also categorically exempt
from CEQA pursuant to Section 15301 of the CEQA Guidelines, which applies to the repair,
maintenance, or minor alteration of existing public or private structures, facilities, and
Resolution No. 2020-096 N.C.S. Page 2
mechanical equipment, involving negligible or no expansion of existing or former use, including,
but not limited to: interior or exterior alterations involving such things as electrical conveyances;
existing highways and streets, sidewalks, bicycle and pedestrian trails, and similar facilities; and
restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical
equipment to meet current standards of public health and safety;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into
this resolution as findings of the City Council.
2. The needed emergency D Street Bridge repairs are statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) in accordance with
Section 15269 of the CEQA Guidelines as emergency repairs to publicly or privately
owned service facilities necessary to maintain service essential to the public health, safety
or welfare. The proposed contract for emergency repair of the D Street Bridge is also
categorically exempt from the requirements of CEQA pursuant to Section 15301 of the
CEQA Guidelines, which applies to the repair, maintenance, or minor alteration of
existing public or private structures, facilities, and mechanical equipment, involving
negligible or no expansion of existing or former use, including, but not limited to: interior
or exterior alterations involving such things as electrical conveyances; existing highways
and streets, sidewalks, bicycle and pedestrian trails, and similar facilities; and restoration
or rehabilitation of deteriorated or damaged structures, facilities, or mechanical
equipment to meet current standards of public health and safety.
3. The City Council hereby finds, based on substantial evidence set forth in this resolution
and in accordance with Section 4.04.050 of the Petaluma Municipal Code, and Sections
20168 and 22050 of the Public Contract Code, that the needed emergency repairs to the D
Street Bridge will not permit a delay resulting from a competitive solicitation for bids,
that the action to award the emergency contract is necessary to respond to the emergency,
and that competitive proposals would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable, impractical, or
impossible.
The City Council hereby authorizes award of a contract for needed emergency repairs to
the D Street Bridge to Summit Signal in an amount not to exceed $100,000 on the
condition that Summit Signal timely executes the project contract and submits all
required documents, including bonds and insurance documents, and authorizes and directs
the City Manager to execute the emergency repair contract on behalf of the City upon
Summit Signal satisfying the conditions specified in this resolution.
4. The City Clerk is directed to record in the minutes of the meeting at which this resolution
is adopted the City Council findings, and the substantial evidence offered in support
thereof, that the emergency repairs needed for the D Street Bridge will not permit a delay
resulting from a competitive solicitation for bids, that the emergency contract action is
necessary to respond to the emergency, and that competitive proposals would be
unavailing or would not produce an advantage, and the advertisement for competitive bid
would thus be undesirable, impractical, or impossible.
5. City staff are directed to prepare a report to the City at its next and subsequent regular
meetings why the D Street Bridge emergency repairs would not permit a delay resulting
Resolution No. 2020-096 N.C.S. Page 3
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
from a competitive solicitation and why the emergency repair contract action was
necessaiy to respond to the emergency, so that the City Council may review the
emergency contract action at its next regular meeting and at subsequent regular meetings
thereafter to determine, by a four fifths vote, whether there is a need to continue the
action, or whether conditions warrant terminating the emergency contracting action so
that regular noticed bidding can resume.
Under the power and authority conferred upon this Council by the Charter of said City.
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 151h day of June form:
2020, by the following vote: {
City A
Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
None
None
None
City Clerk
Mayor
Resolution No. 2020-096 N.C.S. Page 4