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HomeMy WebLinkAboutResolution 2021-190 N.C.S. 12/06/2021Resolution No. 2021-190 N.C.S. 1 Resolution No. 2021-190 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE CORPORATION YARD DEMOLITION – PHASE 2 TO MAGGIORA & GHILOTTI, INC. WHEREAS, City staff has prepared construction bid documents and advertised for construction for the Corporation Yard Demolition - Phase 2, Project Number: E66502027 (“Project”); and WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code Section 20162 and other applicable law, City staff solicited bids for the Project; and WHEREAS, the Project was bid on October 7, 2021, and seven (7) bids were received and opened on November 3, 2021, in accordance with applicable law; and WHEREAS, the lowest responsible base bid for the Project was submitted by Maggiora & Ghilotti, Inc., from San Rafael, CA for $587,587.00 with a bid alternate of $37,900.00 for a total bid of $625,487.00; and WHEREAS, the bid submitted by Maggiora & Ghilotti Inc. was found by staff to be fair and reasonable and satisfies the bidding requirements for the Project; and WHEREAS, there were no bid protests and the time to protest the bid has lapsed; and WHEREAS, the statute of limitations to challenge the Project for violations of the California Environmental Quality Act (CEQA) started to run when City Council approved the first phase of the Project on August 5, 2019, with Resolution No. 2019-135 and the statute of limitations has lapsed. (See, Citizens for a Green San Mateo v. San Mateo County Community College District (2014) 226 Cal.App.4th 1572); and WHEREAS, the demolition project is categorically exempt pursuant to CEQA Guidelines Section 15301(l) as the project consists of demolition and removal of structures within the existing facilities categorical exemption; and WHEREAS, staff has verified that Maggiora & Ghilotti, Inc. possesses valid California Contractor’s Licenses, Classes A (General Engineering), B (General Building), C-8 (Concrete), C-12 (Earthwork and Paving), C-21 (Building Moving, Demolition), C-42 (Sanitation System), C-32 (Parking and Highway Improvement), and C-34 (Pipeline), number 226767 that qualifies Contractor to perform the Project; and WHEREAS, the FY 21/22 CIP budget is sufficient to complete the project as bid. DocuSign Envelope ID: F80A98FE-F9EB-4729-BA95-2D283BAB1CDE Resolution No. 2021-190 N.C.S. 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares that the above recitals are true and correct and are incorporated into the resolution as findings of the Petaluma City Council. 2. Finds that the statute of limitations to challenge the Project for violations of the California Environmental Quality Act (CEQA) started to run when City Council approved the first phase of the Project on August 5, 2019, with Resolution No. 2019- 135 and the statute of limitations has lapsed. (See, Citizens for a Green San Mateo v. San Mateo County Community College District (2014) 226 Cal.App.4th 1572). Regardless, the demolition project is categorically exempt pursuant to CEQA Guidelines Section 15301(l) as the project consists of demolition and removal of structures within the existing facilities categorical exemption. 3. Approves the project budget for the Corporation Yard Demolition - Phase 2, Project Number: E66502027. 4. In accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code Section 20162, and other applicable law, waives any and all non-conformance in the bid of Maggiora & Ghilotti, Inc. for the Corporation Yard Demolition - Phase 2, Project Number: E66502027, and finds that Maggiora & Ghilotti, Inc., is the lowest responsible bidder with a base bid of $587,587.00 with a bid alternate of $37,900.00 for a total bid of $625,487.00 5. Awards the contract for the Corporation Yard Demolition - Phase 2, Project Number: E66502027 to Maggiora & Ghilotti, Inc., in the amount of $587,587.00, the amount of the lowest responsive bid, plus a bid alternate of $37,900.00, conditioned on Maggiora & Ghilotti Inc.’s timely executing the project contract and submitting all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 6. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma upon timely submission by Maggiora & Ghilotti Inc., of the signed project contract and all other required document, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 7. Approves a construction contract 15% contingency of $93,823. DocuSign Envelope ID: F80A98FE-F9EB-4729-BA95-2D283BAB1CDE Resolution No. 2021-190 N.C.S. 3 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 6th day of December 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: F80A98FE-F9EB-4729-BA95-2D283BAB1CDE