HomeMy WebLinkAboutRESOLUTION 2024-127 N.C.S. 10/21/2024 Docusign Envelope ID: B3B26ACE-7F28-43BB-B738-OA310685D221
Resolution No. 2024-127 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA RATIFYING AWARD OF
THE CONSTRUCTION CONTRACT TO DOWNING HEATING, INC. AND ACCEPTING
COMPLETION OF THE COUNCIL CHAMBERS HVAC REPLACEMENT PROJECT,
AUTHORIZING RELEASE OF THE BOND,AND AUTHORIZING A BUDGET ADJUSTMENT
WHEREAS, the City of Petaluma owns and operates City Hall located at 11 English St, Petaluma, CA;
and
WHEREAS, in July 2024 the Council Chambers HVAC was found to be nonfunctioning and no cooling
or heating was available for use requiring replacement; and
WHEREAS, a licensed HVAC contractor was hired by the Parks and Recreation Department to remove
the broken HVAC unit from the facility and dispose of any refrigerant offsite; and
WHEREAS, immediate response was required to provide staff and the public heating and cooling in
Council Chambers; and
WHEREAS, C 11202223 Council Chambers Remodel was funded $47,136.00 ARPA funds; and
WHEREAS, Parks and Recreation staff, along with the City Attorney's office, deemed the replacement
of HVAC unit 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 lack of HVAC resulted in the staff renting and installing portable HVAC units that could
not adequately cool or heat Council Chambers in 100 degree plus weather creating extreme heat conditions for
those participating in meetings for extended periods of time; 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 CA3d 631); and
Resolution No. 2024-127 N.C.S. Page 1
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WHEREAS, staff solicited site review and quotes from three contractors and awarded a contract to
Downing Heating Inc., to complete an emergency replacement of the HVAC; 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 quote submitted by Downing Heating for$47,136.00, with one change order for
a combined total not to exceed $49,122; and
WHEREAS, City staff have inspected the emergency repair and determined that work has been completed in
accordance with the emergency purchase order requirements; and
WHEREAS, Heating Downing Inc. has submitted a total invoice in the amount of$49,122.00; and
WHEREAS, the total project budget requires a budget adjustment of$1,986.00; 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),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:
I. Finds that the above recitals are true and correct and are incorporated into this Resolution as
findings.
2. Finds that this action is categorically exempt pursuant to the California Environmental Quality Act
under Title 14, the California Code of Regulations Sections 15301 (Existing Facilities) and 15302
(Replacement),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$49,122.00 to Downing Heating, Inc
and finds that the City satisfied its purchasing requirements.
4. The contract entitled Emergency HVAC Repair-Council Chambers, Project No. C11202223 with a
final contract amount of$49,122.00is accepted as complete subject to the Contractor's continuing
warranty and other obligations pursuant to the contract.
5. 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.
6. 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.
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7. Authorizes a budget adjustment of$1,986.00 to the Emergency HVAC Repair-Council Chambers
Project No. C11202223 for the additional work performed by change order.
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 21It day of October Doausigned byOrM:
2024,by the following vote: al_�
E�KFMAEj!4Ty048D.orney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbsl1 AAiL
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: TS" d by:
ATTEST:
City Clerk Mayor
Resolution No. 2024-127 N.C.S. Page 3