HomeMy WebLinkAboutResolution 2021-042 N.C.S. 4/05/2021 Resolution No. 2021-042 N.C.S. Page 1
Resolution No. 2021-042 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE PAVEMENT
RESTORATION 20/21 PROJECT TO DRYCO CONSTRUCTION, INC.
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162 and other applicable law, City staff prepared construction bid documents and
solicited bids for the Project; and
WHEREAS, the project was bid on February 11, 2021, and four bids were received and opened on
March 4, 2021 in accordance with applicable law; and
WHEREAS, the lowest responsive bid for the Project was submitted by Dryco Construction, Inc. from
Sacramento, CA for $2,199,813; and
WHEREAS, no protests were received to challenge the bid submitted by Dryco Construction, Inc, and the
time for protesting the bid has lapsed; and
WHEREAS, staff has determined that Dryco Construction, Inc. bid satisfies the bidding requirements for
the Project and is a responsible bidder that possesses a valid California Contractor’s License, Class A, #540379
that allows Dryco Construction, Inc. to lawfully perform the Project work; 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
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
DocuSign Envelope ID: FBA21768-882C-40F8-9E33-D2B3C8D5C335
Resolution No. 2021-042 N.C.S. Page 2
WHEREAS, the Project is categorically exempt pursuant to California Environmental Quality Act
(“CEQA”) and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15301, because the
project consists of repair and maintenance to an existing public street involving negligible or no expansion of
existing or former use, including street, frontage, 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 pursuant to CEQA Guidelines
section 15300.2.
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 street, frontage, 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 pursuant to CEQA Guidelines section 15300.2.
3. The revised project budget for the Pavement Restoration 20/21 Project is hereby approved.
4. In accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code
Section 20162 and other applicable law, the City waives any and all non-conformance in the bid of Dryco
Construction, Inc. for the Pavement Restoration 20/21, Project No. C16102139, and finds the bid of
$2,199,813 to be the lowest, responsive bid and further finds that Dryco Construction, Inc. is the lowest
responsible bidder.
5. The contract for the Pavement Restoration 20/21, Project No. C16102139 is hereby awarded to Dryco
Construction, Inc. in the amount of $2,199,813, the amount of the lowest responsive bid, conditioned on
Dryco Construction, Inc., 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.
6. Award of the Pavement Restoration 20/21, Project No. C16102139, is further conditioned on Dryco
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.
7. Staff are hereby authorized and directed to issue a notice of award to Dryco Construction, Inc.
8. The City Manager is hereby authorized and directed to execute the project contract on behalf of the City of
Petaluma upon timely submission by Dryco Construction, Inc., of the signed project contract and all other
required document, including but not limited to, executed bonds, certificates of insurance, and
endorsements, in accordance with the project bid documents.
DocuSign Envelope ID: FBA21768-882C-40F8-9E33-D2B3C8D5C335
Resolution No. 2021-042 N.C.S. Page 3
9. A construction contract contingency of $310,187.00 is hereby approved.
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
DocuSign Envelope ID: FBA21768-882C-40F8-9E33-D2B3C8D5C335