HomeMy WebLinkAboutResolution 2021-039 N.C.S. 4/05/2021 Resolution No. 2021-039 N.C.S. Page 1
Resolution No. 2021-039 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR OPERATIONS
CONCRETE PROJECT INCLUDING SIDEWALK REPAIR AND MINOR
CONSTRUCTION OF NEW SIDEWALKS
WHEREAS, staff and the City’s design consultant have prepared construction bid documents and
advertised for construction of the Public Works and Utilities Operations Concrete Project; and
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162 and other applicable law, City staff solicited bids for the Project; and
WHEREAS, the Project was bid on February 25, 2021, and eight bids was received and opened in
accordance with applicable law; and
WHEREAS, the lowest bid for the Project bid was received from Coastside Concrete & Construction, Inc.
in the amount of $69,060; and
WHEREAS, staff has determined that the Coastside Concrete & Construction, Inc. bid in the amount of
$69,060 is a responsive bid that satisfies the bidding requirements for the Contract; and
WHEREAS, staff has verified that Coastside Concrete & Construction, Inc. is a responsible bidder that
possesses a valid California Contractor’s License, Class A, number 995338 that qualifies Coastside Concrete &
Construction, Inc. to perform the Project; and
WHEREAS, no protests have been received concerning the Coastside Concrete & Construction, Inc. bid
and the time to protest the bid has lapsed; and
WHEREAS, notwithstanding Public Contract Code Section 7201 or any other law or regulation that
purports to provide otherwise, public contracting is a quintessential municipal affair, subject to charter cities’
home rule power, and the California Constitution grants charter cities supreme authority over municipal affairs,
which include public works, procurement, and the mode of municipal contracting (see, e.g., Bishop v. City of
San Jose (1969) 1 C3d 56); and
WHEREAS, it is the courts, not the legislature, that determines which matters are municipal affairs (see,
e.g., California Federal Savings and Loan v. City of Los Angeles (1991) 54 C3d 1); and
WHEREAS, Article X, Section 67 of the Petaluma Charter provides in pertinent part
. . . no progressive payments can be provided for or made at any time which, with prior
payments, if there have been such, shall exceed in amount at that time ninety percent of the value
of the labor done and the materials used up to that time, and no contract shall provide for or
authorize or permit the payment of more than ninety percent of the contract price before the
completion of the work done under said contract and the acceptance thereof . . . ; and
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WHEREAS, city charters are documents of limitation and a restriction on the City Council’s powers
imposed by the voters (see, e.g., City of Glendale v. Trondsen (1957) 48 C2d 93) and, as a result, the City
Council’s contracting power is limited by the retention requirement in Article X, Section 67, and the City
Council and City staff lack the power to provide for public works contract retention other than as specified in
the City Charter; and
WHEREAS, the Project has a Categorical Exemption pursuant to the California Environmental Quality Act
(“CEQA”) pursuant to Article 19, Section 15301, of Title 14 of the California Code of Regulations (“CEQA
Guidelines”) because the project consists of the repair, maintenance, and minor alteration of existing public
facilities involving negligible or no expansion of existing or former use, including sidewalks and gutters, in that
the sidewalk, and related improvements will repair and maintain existing pedestrian travel ways and related
facilities without changing the use of those facilities, and therefore negligible or no expansion of use beyond
what currently exists will result from the Project, and there are no cumulative impacts, unusual circumstances or
other factors that would make the exemption inapplicable.
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. This project is categorically exempt pursuant to the California Environmental Quality Act (“CEQA”)
pursuant to Article 19, Section 15301(c), of Title 14 of the California Code of Regulations (“CEQA
Guidelines”), because the project consists of the repair, maintenance, and minor alteration of existing public
facilities involving negligible or no expansion of existing or former use, including sidewalks and gutters.
The sidewalk, curb ramp and related improvements will repair and maintain existing pedestrian travel ways
and related facilities without changing the use of those facilities. Accordingly, there is negligible or no
expansion of use beyond what currently exists and there no cumulative impacts, unusual circumstances or
other factors that would make the exemption inapplicable.
3. In accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code
Section 20162 and other applicable law, the City Council hereby waives any and all non-conformance in the
bid of Coastside Concrete & Construction, Inc. for the Operations Concrete Contract and finds the bid of
$69,060 to be the lowest responsive bid, and further finds that Coastside Concrete & Construction, Inc. is
the lowest responsible bidder.
4. The contract for Operations Concrete Project is hereby awarded to Coastside Concrete & Construction, Inc.
in the amount of $69,060, conditioned on Coastside Concrete & Construction, Inc.’s timely executing the
project contract and submitting all required documents, including but not limited to, executed bonds,
certificates of insurance, and endorsements, in accordance with the project bid documents.
5. Award of the Operation Concrete Project is further conditioned on Coastside Concrete & Construction,
Inc.’s acknowledgement and acceptance that under the Petaluma Charter, the City Council’s public works
contracting authority is limited by and subject to the 10% minimum retention requirement in Article X,
Section 67, notwithstanding Public Contract Code Section 7201 or any other law or regulation that purports
to provide to the contrary.
6. Staff is hereby directed to issue a notice of award to Coastside Concrete & Construction, Inc.
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7. The City Manager is hereby authorized and directed to execute the project contract on behalf of the City of
Petaluma upon timely submission by Coastside Concrete & Construction, Inc. of the signed project contract
and all other required documents, including but not limited to, executed bonds, certificates of insurance, and
endorsements, in accordance with the project bid documents.
8. Approves a construction contract contingency of $12,940 for a total construction budget of $82,000.
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 5th day of April 2021,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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