HomeMy WebLinkAboutRESOLUTION 2024-089 N.C.S. 08/05/2024
Resolution No. 2024-089 N.C.S. Page 1
Resolution No. 2024-089 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA REJECTING ALL BIDS
FOR THE ELLIS CREEK CHEMICAL UPGRADES PROJECT - PHASE 1 (C66501840)
PURSUANT TO PUBLIC CONTRACT CODE SECTION 20166
WHEREAS, City staff has prepared construction bid documents and advertised for construction of this
Project; and
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162, and other applicable laws, City staff solicited bids for the Project; and
WHEREAS, the project was bid on July 18, 2024, and three (3) bids were received and opened in accordance
with applicable law; and
WHEREAS, the lowest responsible bid for the Project was submitted by Myers & Sons Construction, LLC
from Sacramento, CA, for $4,519,269.00, which exceeds the approved project budget for this phase of the project;
and
WHEREAS, Petaluma Municipal Code Section 4.04.080(D) states that "The City Council shall reserve the
right to reject any or all bids in whole or in part and may waive any irregularities or informalities in any bids;”
and
WHEREAS, per Public Contract Code Section 20166, “In its discretion, the legislative body may reject any
bids presented and readvertise…;” and
WHEREAS, the proposed action of rejecting all bids and readvertising is not a “project” pursuant to
California Environmental Quality Act (CEQA) Guidelines Section 15378 as this is an administrative activity that
will not result in direct or indirect physical changes in the environment; and
WHEREAS, the eventual approval of this project is exempt pursuant to the California Environmental Quality
Act (“CEQA”) and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15302. The
project is also categorically exempt under CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New
Construction or Conversion of Small Structures) because the project involves improvements to an existing road
and the minor expansion of two water lines, both of which qualify as minor improvements to existing facilities.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
1. Declares 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 the proposed action of rejecting all bids and re-advertising is not a “project” pursuant to the
California Environmental Quality Act (“CEQA”) Guidelines Section 15378 as this is an administrative
activity that will not result in direct or indirect physical changes in the environment. Additionally, the
eventual approval of the Project will be categorically exempt pursuant to Title 14, the California Code of
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Resolution No. 2024-089 N.C.S. Page 2
Regulations (“CEQA Guidelines”), Section 15302, as the replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the structure replaced
and will have substantially the same purpose and capacity as the structure replaced, 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. Rejects all bids for the Ellis Creek Chemical Upgrades Project - Phase 1 (C66501840).
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 August 2024,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Healy, Nau, Pocekay, Shribbs
NOES: None
ABSENT: Cader Thompson
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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