HomeMy WebLinkAboutResolution 2021-144 N.C.S. 9/13/2021 Resolution No. 2021-144 N.C.S. Page 1
Resolution No. 2021-144 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR CONTRACT CHANGE ORDER
FOR THE ADA AND SIDEWALK REPAIR PROGRAM PROJECT TO PAT NELSON
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 solicited bids for the Project; and
WHEREAS, the Project was bid on January 28, 2021, and ten (10) bids was received, and the low bid awarded
with Council vote on March 15, 2021, in accordance with applicable law; and
WHEREAS, the lowest responsive bid for the Project was submitted by and the contract awarded to Pat
Nelson Construction, Inc. from Petaluma, CA; and
WHEREAS, staff has determined that the bid submitted was a responsive and responsible bid and satisfies
the bidding requirements for the Contract; and
WHEREAS, staff has verified that Pat Nelson Construction, Inc. possesses a valid California Contractor’s
License, Class A, number 601031 that qualifies Pat Nelson Construction, Inc. to perform the Project; and
WHEREAS, on March 15, 2021, City Council passed Resolution #2021-030 awarding the contract for the
Sidewalk Repair Project to Pat Nelson Construction Inc.; and
WHEREAS, the work performed by Pat Nelson Construction Inc. has been executed thus far to professional
standards with minimal conflicts in the public right of way; and
WHEREAS, the Project is complex due to the amount of differing locations that are being improved and
because the Project locations receive heavy foot and vehicle traffic; and
WHEREAS, the amended project is substantially similar to the original Project as it involves the same type
of repairs, materials, work, and locations; 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:
DocuSign Envelope ID: CF1AE755-96B4-4B47-957E-2F7EC4D3CC29
Resolution No. 2021-144 N.C.S. Page 2
. . . 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
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 Sidewalk Repair Project is hereby approved.
4. Finds that the Project is substantially complex.
5. Finds that the revised Project is substantially similar to the original contract.
6. 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 Pat Nelson
Construction, Inc. for the Sidewalk Pavement Project No. C16501602, and finds the contract capacity of
$485,000 to be appropriate for sidewalk repair and various concrete flatwork projects.
7. The contract for the Sidewalk Pavement Project No. C16501602 was awarded to Pat Nelson Construction,
Inc. in the amount of $275,000, the amount of the lowest responsive bid.
8. An increase in the contract amount of $210,000 for a total contract amount of $485,000 is hereby approved.
DocuSign Envelope ID: CF1AE755-96B4-4B47-957E-2F7EC4D3CC29
Resolution No. 2021-144 N.C.S. Page 3
9. Staff are hereby authorized and directed to issue a Construction Change Order to Pat Nelson Construction,
Inc.
10. The City Manager is hereby authorized and directed to execute the Construction Change Order on behalf of
the City of Petaluma upon timely submission by Pat Nelson Construction, Inc., of any needed revised project
contract and all other required documents.
11. A construction contract contingency of $210,000 is hereby approved.
12. A budget adjustment will be brought forward in conjunction with first quarter budget adjustments.
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 13th day of
September 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: CF1AE755-96B4-4B47-957E-2F7EC4D3CC29