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HomeMy WebLinkAboutResolution 2003-151 N.C.S. 08/04/2003~Zesolution No. 2003-151N.C.S. of the City of Petaluma,. California AWARDING THE CONT1tACT FOR THE PHASE 1 RECYCLED WATER PIPELINE PROJECT PROJECT NO. 9995 WHEREAS, the Phase 1 Recycled Water Pipeline Project, Project No. 9995 ("Project") is included in the Department of Water Resources and Conservation. Fiscal Year 2003-2004 Capital Improvement Program Budget as Project 9995; and, WHEREAS, the Project is expected to receive funding from the Sonoma County Water Agency's Local Supply/Recycled Water/Tier 2 Program of approximately $1.5 million; and, WHEREAS, the balance of the Project construction funding is expected to be in the form of a low interest loan from the State Water Resources Control Board under the State Revolving Fund Program; and, WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code Section 20162 and other applicable law the City of Petaluma solicited bids for the Project; and, WHERAS, the engineer's estimate for the Project was $5,671,000; and, WHEREAS, twelve (12) bids for the Project were received on July 3, 2003 and opened in accordance with California Public Contract Code Section 4105.5 and other applicable law; and, WHEREAS, the apparent low bid for the Project was submitted by TerraCon Pipelines, Inc., in the amount of $2,674,075.00; and, WHEREAS, City staff have verified that TerraCon Pipelines, Inc., possesses a valid California Contractor's license, classes A and B, license number 8.16199, expiration date January 1, 2005, that qualifies TerraCon Pipelines, Inc., to perform the Project; and, WHEREAS, on July 10, 2003 the City received a letter from North Bay Construction, lnc., protesting against award of the Project to TerraCon Pipelines, Inc.; and, WHEREAS, the Office of the City Attorney has reviewed the protest, determined it to be without merit, and recommends that the protest be rejected; and, WHEREAS, by Resolution 2003-115 adopted June 16, 2003 the City Council of the City of Petaluma adopted a mitigated negative declaration concerning the Project pursuant to the California Environmental Quality Act. Resolution No. 2003-151 N.C.S. NOW, THEREFORE, BE IT RESOLVED by the Petaluma City Council that: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. In accordance with applicable law, the City Council of the City of Petaluma hereby finds that the protest concerning award of the Project submitted by North Bay Construction, Inc. is without merit in accordance with the analysis of the City Attorney's Office and the reply of TerraCon Pipelines, Inc. Accordingly, the protest submitted by North Bay Construction, Inc., is hereby rejected. The analysis of the City Attorney's Office and reply of TerraCon Pipelines, Inc. are attached to and made apart of this resolution. 3. In accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code Section 20160 and following and other applicable law, the City Council of the City of Petaluma hereby waives any non-conformities in the bid of TerraCon Pipelines, Inc. for the Project and finds such bid to be the lowest, responsive bid. 4. The Project contract is hereby awarded to TerraCon Pipelines, Inc., P.O. Box 276, Healdsburg, CA 95448, in the amount of $2,674,075.00 conditioned on the following: a. The City of Petaluma's receipt of funding from the Sonoma County Water as partial financing for the Project. b. The City of Petaluma's receipt of the balance of the Project funding in the form of a low interest loan from the State Water Resources Control Board under the State Revolving Fund Program. c. Timely submission by TerraCon Pipelines, Inc., of all required Project documents properly completed in accordance with the requirements of the Project bid package. Such documents include, but are not limited to, the Project contract, bonds, certificates of insurance and endorsements. 5. City staff is hereby directed to issue a notice of conditional award to TerraCon Pipelines, Inc. 6. The City Manager is hereby authorized and directed to execute the Project contract with TerraCon Pipelines, Inc. and direct staff to issue a notice to proceed with the Project upon the City of Petaluma's receipt of funding from the Sonoma County Water Agency's Local Supply/Recycled Water/Tier 2 Program of approximately $1.5 million as partial financing for the Project, the City of Petaluma's receipt of the balance of the Project construction funding in the form of a low interest loan from the State Water Resources Control Board under the State Revolving Fund Program, and upon timely submission by TerraCon Pipelines, Inc., of all required Project documents properly completed in accordance with the requirements of the Project bid package. Such documents include, but are not limited to, the Project contract, bonds, Resolution No. 2003-151 N.C.S. Page 2 certificates of insurance and endorsements, subject to the review and approval of all Project related documents by the City Attorney. 7. This resolution shall become effective immediately. All portions of this resolution are severable. Should any individual component of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion maybe held invalid or unconstitutional. 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) (Adjourned) (Special) meeting for on the ........ 4`n ............. day of .......August.................................., 20.Q3., by the following vote: ••••••••~••••• •••••••••• •• City Attorney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: None ATTEST: .... ..... ............... ............................ .. ...................... City Clerk I . ~.. ................................ .~ Mayor Council File ................................... Res. No........~Q.O~.-1.5].........N.C.s.