HomeMy WebLinkAboutResolution 2023-132 N.C.S. 09/11/2023 DocuSign Envelope ID:96C6FF53-39D1-4B5B-A831-79FFA2689010
Resolution No. 2023-132 N.C.S.
of the City of Petaluma, California
RATIFYING AWARD OF THE CONSTRUCTION CONTRACT TO MEYLAN CONSTRUCTION,
INC. AND ACCEPTING COMPLETION OF THE FIRE STATION 3 KITCHEN REPLACEMENT
PROJECT,AUTHORIZING RELEASE OF THE 10% RETENTION,AND AUTHORIZING A
BUDGET ADJUSTMENT
WHEREAS,the City of Petaluma owns and operates Petaluma Fire Station 3 located at 831 South McDowell
Boulevard, Petaluma, CA; and
WHEREAS,in December 2022 mold was discovered growing on a building wall behind furniture,and certain
molds are detrimental to occupant health requiring abatement; and
WHEREAS, a licensed abatement contractor was hired by the Petaluma Fire Department to clean up the
mold, remove contaminated materials from the facility, and eradicate any optimal conditions for future mold
growth; and
WHEREAS, immediate response was required to reduce staff exposure to the mold which required the
removal of half of the existing station kitchen while maintaining crew operations through the rental of a temporary
trailer kitchen; and
WHEREAS, C11202328 Fire Stations 1, 2, & 3 Remodel was funded $101,000.00 from Facilities Impact
Fees to replace the kitchen cabinetry, countertops, and equipment; and
WHEREAS,Public Works staff, along with the City Attorney's office, deemed the removal of contaminated
materials and replacement of the kitchen an emergency; and
WHEREAS, the immediacy of the repairs did not allow sufficient time to bid the work through standard
procedures; and
WHEREAS, pursuant to Petaluma Municipal Code Section 4.04.050, the City's bidding requirements "may
be dispensed ... when an emergency requires that an order be placed with the nearest available source of supply";
and
WHEREAS,the mold resulted in the crews in Fire Department Station 3 from using their kitchen, and having
a usable kitchen is necessary for firefighters to maintain proper nutrition and to stay physically and mentally fit
while performing their lifesaving duties; 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 CAM 631); and
WHEREAS,the City was already renting a mobile kitchen trailer, it was not advantageous for the City to pay
the additional rental fees while it went through the formal bidding procedures; and
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WHEREAS, staff prepared Request for Proposal documents, and the City of Petaluma solicited bids from
four contractors and awarded a contract to Meylan Construction Inc., to complete an emergency replacement of
the kitchen; and
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 21321, and other applicable laws, City staff executed a construction agreement for the
emergency replacement per the bid submitted by Meylan Construction for $90,033.00, with three change orders
for a combined total not to exceed$108,689.00; and
WHEREAS, City staff have inspected the emergency repair and determined that is has been completed in
accordance with the emergency purchase order requirements; and
WHEREAS, Meylan Construction Inc. has submitted a total invoice in the amount of$109,689.00; and
WHEREAS, the total project expenditures, in addition to the construction contract, include staff time and
future ADA improvements and are estimated to bring the total project work to $130,000.00; and
WHEREAS,the total project budget requires a budget adjustment of$29,000.00; and
WHEREAS,the Project was determined to be categorically exempt pursuant to the California Environmental
Quality Act under Title 14, the California Code of Regulations Sections 15301 (Existing facilities) and 15302
(Replacement or reconstruction), because the project consists of reconstruction of existing systems and/or minor
new construction involving negligible or no expansion of capacity; 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. Declares that the above recitals are true and correct and are incorporated herein as findings of this
resolution.
2. Finds the Project was determined to be categorically exempt pursuant to the California Environmental
Quality Act under Title 14, the California Code of Regulations Sections 15301 (Existing facilities)
and 15302 (Replacement or reconstruction), because the project consists of reconstruction of existing
systems and/or minor new construction involving negligible or no expansion of capacity.
3. Ratifies the award of the construction contract in the amount of$90,033.00 to Meylan Construction,
Inc.
4. The contract entitled Fire Station 3 Kitchen Replacement,Project No. C 11202328 with a final contract
amount of$108,689.00 is accepted as complete subject to the Contractor's continuing warranty and
other obligations pursuant to the contract.
5. Finds that the City's purchasing requirements was satisfied under both the emergency exemption in
Section 4.04.050 and the common law. Here the mold resulted in the crews in Fire Department Station
3 from using their kitchen, and having a usable kitchen is necessary for firefighters to maintain proper
nutrition and to stay physically and mentally fit while performing their lifesaving duties. Additionally,
as the City was already renting a mobile kitchen trailer, it was not advantageous for the City to pay
the additional rental fees while it went through the formal bidding procedures.
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6. 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.
7. 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.
8. Authorizes a budget adjustment of $29,000.00 to the Fire Station 1, 2 & 3 Remodel Project No.
C 11202328 for the additional work performed by change order, staff hours, and additional ADA site
improvements.
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 1 lth day of September o8Dsigned by:
2023,by the following vote: a'A
v
City Attorney
AYES: Barnacle,Cader-Thompson,Healy,Nau,Pocekay,Shribbs,Mayor McDonnell
NOES: None
ABSENT: None
ABSTAIN: None DocuSigned by:
DocuSigned by:
L
ATTEST: 89A429E4492
City Clerk Mayor
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