HomeMy WebLinkAboutResolution 2023-121 N.C.S. 08/07/2023
Resolution No. 2023-121 N.C.S. Page 1
Resolution No. 2023-121 N.C.S.
of the City of Petaluma, California
ACCEPTING THE COMPLETION OF THE PAVEMENT RESTORATION FY 20/21 AND 21/22
PROJECT BY DRYCO CONSTRUCTION, INC., C16102139
WHEREAS, in accordance with Section 68 of Article X of the City of Petaluma Charter, Section 20162 of
the California Public Contract Code and other applicable law, the City of Petaluma solicited bids for the Pavement
Restoration FY 20/21 and 21/22 project (“Project”); and
WHEREAS, bids for the Project were opened on March 4, 2021, in accordance with California Public
Contract Code Section 4104.5 and other applicable laws; and
WHEREAS, the apparent low bid for the Project was the bid of Dryco Construction, Inc. in the amount of
$2,199,813; and
WHEREAS, Resolution No. 2021-042 N.C.S., adopted on April 5, 2021, by the City Council of the City of
Petaluma found the bid of $2,199,813 for the Project to be the lowest responsive bid and awarded the Project to
Dryco Construction, Inc. in the amount of $2,510,000 (including contingency of $310,187) conditioned on
Dryco Construction, Inc.’s timely executing the Project contract and submitting all required documents and
authorized and directed the City Manager to sign the Project contract on behalf of the City upon such timely
submission and to execute on behalf of the City any change orders and other amendments to the Project contract
that are necessary to effectively complete the project and/or to realize the Project and/or cost benefits for the
City so long as such change orders or amendments do not result in an increase in excess of 100 percent of the
total Project amount; and
WHEREAS, the following change orders affecting the Project amount have been approved:
CCO#1: $1,870,556
CCO#2: $ 480,042
Total Change Orders: $2,350,598; and
WHEREAS, the final contract amount as amended including all change orders is $ 4,860,598; and
WHEREAS, City staff have inspected the Project and determined that it has been completed in accordance
with the contract requirements subject to the Contractor’s continuing warranty and other obligations pursuant to
the contract; and
WHEREAS, based on the foregoing, staff recommends acceptance of the Project on behalf of the City.
DocuSign Envelope ID: 2D9F4186-6164-4203-A6BA-C9AD0DD0AD59
Resolution No. 2023-121 N.C.S. Page 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. Finds that Environmental review for this project was already completed during the resolutions that
awarded the contract. City Council found that this project is categorically exempt from California
Environmental Quality Act (“CEQA”) requirements 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 are
no cumulative impacts, unusual circumstances, or other factors that would make the exemption inapplicable
pursuant to CEQA Guidelines section 15300.2.
3. The contract entitled Pavement Restoration FY 20/21 and 21/22, Project No. C16102139 with a final
contract amount of $4,860,598 is accepted as complete subject to the Contractor’s continuing warranty and
other obligations pursuant to the contract.
4. The City Clerk/Recording Secretary is hereby authorized and directed to file a Notice of Completion
concerning the Project with the Sonoma County Clerk’s Office within ten (10) days of the date of this
Resolution.
5. Staff is 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, the Petaluma City Charter, California Public Contract Code Section 7107, and applicable law.
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 7th day of August 2023,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, Healy, Nau, Pocekay, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
DocuSign Envelope ID: 2D9F4186-6164-4203-A6BA-C9AD0DD0AD59