HomeMy WebLinkAboutRESOLUTION 2024-129 N.C.S. 10/21/2024 Docusign Envelope ID: B3B26ACE-7F28-43BB-B738-OA310685D221
Resolution No. 2024-129 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 PETALUMA COMMUNITY CENTER HVAC REPLACEMENT PROJECT,
AUTHORIZING RELEASE OF THE BOND
WHEREAS, the City of Petaluma owns and operates the Petaluma Community Center located at 320 N
McDowell Ave, Petaluma, CA; and
WHEREAS, in June 2024 the Petaluma Community Center HVAC unit servicing Craft Room 2 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 the
Cratf Room 2 at the Community Center; and
WHEREAS, C11202223 Council Chambers Remodel was funded $26,504.00, 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 a portable HVAC unit that
could not adequately cool or heat Craft Room 2 in 100 degree plus weather creating extreme heat conditions for
those participating summer camp; 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
Resolution No. 2022-129 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$26,504.00; 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 incorporated herein 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$26,504.00 to Downing Heating, Inc
and that the City satisfied its purchasing requirements.
4. The contract entitled Emergency HVAC Repair- Petaluma Community Center, Project No.
C11202223 with a final contract amount of$26,504.00 is 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.
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 form:
2024,by the following vote:
Resolution No. 2024-129 N.C.S. Page 2
Docusign Envelope ID: B3B26ACE-7F28-43BB-B738-OA310685D221 DocuSignedby:
City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nan,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: TSed by:
ATTEST:
City Clerk Mayor
Resolution No. 2024-129 N.C.S. Page 3