HomeMy WebLinkAboutResolution 2020-163 N.C.S. 11/16/2020 Resolution No. 2020-163 N.C.S. Page 1
Resolution No. 2020-163 N.C.S.
of the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF EMERGENCY D STREET BRIDGE
IMPROVEMENTS, PROJECT C16101933, BY SUMMIT SIGNAL, INC. AND TERMINATING
EMERGENCY CONTRACTING ACTIONS PURSUANT TO PUBLIC CONTRACT CODE
SECTION 22050
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
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 from a competitive solicitation for bids, and that the action is necessary to respond to the
emergency; and
WHEREAS, Section 22050 also 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 Redevelopment Agency (1980) 104 CA3d 631); and
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
Resolution No. 2020-163 N.C.S. Page 2
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 sought assurance from the City that the D Street Bridge would be
operational during the scheduled Federal channel and Turning Basin dredging; and
WHEREAS, the public bidding process for needed D Street Bridge repairs was 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 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 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
WHEREAS, Summit Signal was the only contractor staff 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, by Resolution No. 2020-096 N.C.S., adopted on June 15, 2020, the City Council made
findings pursuant to Section 4.05.050 of the Petaluma Municipal Code, Section 22050 of the Public
Contract Code, and the Graydon
with otherwise applicable the formal biding requirements and authorized the City Manager to enter a
construction contract for emergency D Street Bridge repair work with Summit Signal, Inc.; and
WHEREAS, the following contract change order (CCO) for various maintenance items affecting the
Project amount have been approved:
D Street Bridge Electrical (C16101933) Cost
Change Order #1 $ 8,603.45
Total Change Orders and decrease in quantities $ 8,603.45; and
WHEREAS, the final contract amount as amended, including all change orders, overruns, and
underruns, is $94,474.49 and is within the approved project budget; and
WHEREAS, based on the foregoing, staff recommends 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. The foregoing recitals are hereby declared to be true and correct and are hereby incorporated into
this resolution as findings of the City Council.
2. The contract titled D Street Bridge Electrical and Controls Upgrade, Project No. C16101933, with
continuing warranty and other obligations pursuant to the contract.
Resolution No. 2020-163 N.C.S. Page 3
3. The City Clerk is hereby authorized and directed to file a Notice of Completion concerning the
4. Staff are hereby authorized and directed to release all undisputed retention not subject to pending
change orders within sixty (60) days of the date of this Resolution and in accordance with the terms
of the project contract, California Public Contract Code Section 7107, and applicable law.
5. Pursuant to Public Contract Code Section 22050 and other applicable law, emergency contracting
actions related to the Emergency D Street Bridge Improvements Project are hereby terminated.
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 the16th day of
November 2020, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor