RESOLUTION R2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO AWARD A CONSTRUCTION CONTRACT TO, AND EXECUTE A CONSTRUCTION CONTRACT WITH, ACTION TARGET, INC., FOR THE PURCHASE AND INSTALLATION OF A BULLET TRAP AT THE POLICE DEPARTMENT SHOOTING RANGE LOCATED AT 2295 MONTICELLO ROAD IN THE AMOUNT OF $217,912.00; (2) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE CHANGE ORDERS AND CHARGES FOR PROJECT SERVICES UP TO $51,791.00 FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $269,703.00; AND (3) DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA WHEREAS, Police Department and Public Works Department staff researched and vetted the necessary performance parameters to replace a bullet trap at the Police Department Shooting Range Project (9017FR17) (“Project”); and WHEREAS, staff has determined that pursuant to Napa Municipal Code (NMC) Section 2.91.050 Action Target, Inc. (“ATI”) is the sole vendor that can fabricate and install a bullet trap that meets the City’s performance requirements; and WHEREAS, staff recommends that the City Council award a contract to ATI for a total amount of $217,912.00 and determine that the proposed contract satisfies the exception for specialty items in NMC Section 2.91.050; and WHEREAS, the construction budget consists of funding the total contract amount of $51,791.00 plus contingency, contract administration, construction management, inspection, and testing (amounts are interchangeable) for a total amount of $269,703.00; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby determines that the actions authorized by this Resolution are exempt from CEQA, pursuant to CEQA Guidelines Section 15302, which exempts 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.
The City Council hereby authorizes the Public Works Director to award a construction contract to, and execute a construction contract with ATI, for the Police Department Shooting Range Project in the amount of $217,912.00.
The City Council hereby determines that the proposed agreement satisfies the requirements for a specialty item in NMC Section 2.91.050 based on the following:
The project need which the City intends to satisfy through the contract for the specialty item. This includes a functional description (or performance criteria) of the City’s needs.
The City is purchasing a bullet trap from ATI to replace previous equipment lost in the 2017 Napa Fire Complex. The performance for the equipment must meet the requirements of the Police Department and those for an outdoor shooting facility. The design, fabrication, delivery, and installation of the equipment must be performed by ATI to ensure experienced personnel are provided who are knowledgeable about the equipment’s installation.
The types of property or service which are available (or used by other similarly situated private or public agencies) to meet this need (or similar needs), and the contractors which are available to provide the property or service.
Qualified, third-party, independent vendors/contractors who specialize in the design, fabrication, delivery, and installation of bullet trap and shooting range structures. The City is aware of other contractors that could serve the Northern California area, however, only by contracting with ATI will the City receive efficient, high-quality services, and equipment capable of filling the performance and operational needs of the City’s shooting range.
The reasons why it is impracticable for a similar property or service to meet the City’s needs (including considerations of compatibility with other City property and services regarding maintenance, repair, training, quality, price, or similar considerations); or why the City’s needs can only be met by one unique or proprietary type of property or service (the specialty item).
The full range of performance requirements for the City’s operational needs to train Police Officers at the City’s outdoor shooting range can only be satisfied by ATI. The equipment needed is patented and no single vendor can provide the same services as ATI.
By entering into a contract for the specialty item from the proposed contractor, the City will meet the purpose and goals identified in NMC Section 2.91.010(D).
The City will meet the purpose and goals identified in Section 2.91.010(D) by contracting with ATI for bullet trap delivery because ATI will design, fabricate, deliver, and install the bullet trap utilizing qualified contractors guaranteed to understand ATI equipment. This will result in efficient project delivery which therefore will achieve a cost-effective and high-quality project for the community.
The contract complies with the requirements of NMC Section 2.91.030(B).
Pursuant to NMC Section 2.91.030(B)(2), (a) the contract with ATI will be approved as to form by the City Attorney, (b) as determined by the City Auditor, there are sufficient unencumbered funds to cover the cost of the contract, and (c) the City Council will authorize the Public Works Director to enter into the contract.
The City Council hereby authorizes the Public Works Director to execute construction contract change orders, and authorizes the charge of contract administration, construction management, inspection and testing up to $51,791.00 for a total project amount not to exceed $269,703.00.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 19th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Michael W. Barrett
City Attorney
R2023-__ Page 3 of 3 December 19, 2023
R2021-__ Page 1 of 1 July 20, 2021
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