HomeMy WebLinkAboutResolution 2022-011 N.C.S. 01/24/2022DocuSign Envelope ID: 3442DFC0-5298-461A-BBC9-E83F6615C375
V,es®lutlon No. 2 2 =01 i N.C.Q.
®f the City of Petaluma, Calif6mia
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�1I-IIERIEA�, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162 and other applicable law, City staff prepared construction bid documents and
solicited bids for the 1st and F St. Bridge Replacement Project; and
W>(-IEREAS, the project -was bid on October 14, 2021, and eight (8) bids were received and opened on
November 18, 2021, in accordance with applicable law; and
WHEREAS, the lowest bidder, Gordon N. Ball, Inc. (Gordon) submitted a letter requesting relief of their
bid on November 23, 2021, along with an additional letter on December 3, 2021, requesting withdrawal of their
bid due to a numerical error made in their bid schedule; and
�]EI[>E>�AS, pursuant to California Public Contracting Code Section 5101 an awarding authority may
consent to relieve a bid because of mistake; and
WHEREAS, Gordon complied with Public Contracting Code Section 15303 because:
1. Gordon provided written notice to the City on November 23, 2021, within five working days after
opening of the bids; and
2. Gordon demonstrated that the mistake was made in missing costs for excavation and piling; and
3. Gordon's mistake made the bid materially different because they were missing these costs; and
4. This mistake was made in filling out the bid not due to error in judgment but because of demonstrated
incorrect accounting.
WIElE12EAS, the lowest responsible bid for the Project was submitted by Ghilotti Brothers, Inc., from San
Rafael, CA for $1,768,340; and
W>E][>EREAS, it has been determined that Ghilotti Brothers,satisfies the bidding requirements for the
Project; and
WHEREAS, Ghilotti Brothers, Inc., possesses a valid California Contractor's License, Class A #132128,
that qualifies the Contractor to perform the work and has performed several recent projects and their works has
been timely and satisfactory; and
WHEREAS,
the time to protest this Project's bid has lapsed; and
DocuSign Envelope ID: 3442DFCO-5298461A-BBC9-E83F6615C375
WHEREAS, the lst and F St. Bridge Replacement Project C16502141 is categorically exempt pursuant to
California Environmental Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA
Guidelines"), Section 15302, because the project consists of replacement and reconstruction to an existing
public infrastructure and there are no cumulative impacts, unusual circumstances or other factors that would
make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2; and
WHEREAS, the City of Petaluma filed a Notice of Exemption for this Project with the State Clearing house
on January 29, 2021 a and
WHEREAS, a notice of exemption was filed with the State Clearinghouse for the project; and
WHEREAS, the approved funds are available in the Traffic Impact Fees and Street Maintenance budget.
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 this Resolution as findings.
Z. Finds that environmental review under the California Environmental Quality Act was already completed
for this Project on January 29, 2021, when the City filed a Notice of Exemption with the State
Clearinghouse. The Notice of exemption for the 1st and F St. Bridge Replacement Project C16502141 is
categorically exempt pursuant to California Environmental Quality Act ("CEQA") and Title 14, the
California Code of Regulations ("CEQA Guidelines"), Section 15302, because the project consists of
replacement and reconstruction to an existing public infrastructure and there are no cumulative impacts,
unusual circumstances or other factors that would make the exemption inapplicable pursuant to CEQA
Guidelines section 15300.2.
3. Pursuant to California Public Contracting Code Section 5101 the City Council consents to relieve
Gordon N. Ball, Inc. (Gordon) because of mistake. The City Council finds that Gordon complied with
Public Contracting Code Section 15303 because:
A. Gordon provided written notice to the City on November 23, 2021, within five working
days after opening of the bids; and
B. Gordon demonstrated that the mistake was made in missing costs for excavation and
piling; and
C. Gordon's mistake made the bid materially different because excavation and piling costs
were missing; and
D. This mistake was made in filling out the bid not due to error in judgment but because of
demonstrated incorrect accounting.
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 Ghilotti
Brothers, Inc. for the I st and F St. Bridge Replacement Project No. C 16402141 and finds the bid of
$1,768,340 to be the lowest, responsive bid and further finds that Ghilotti Brothers, Inc. is the lowest
responsible bidder.
5. Awards the contract for the 1st and F St. Bridge Replacement Project No. C16402141 to Ghilotti
Brothers, Inc., in the amount of $1,768,340, the amount of the lowest responsive bid, conditioned on of
Ghilotti Brothers, Inc., 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. Directs staff to issue a notice of award to Ghilotti Brothers, Inc.
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DocuSign Envelope ID: 3442DFC0-5298-461A-BBC9-E83F6615C375
7. Authorizes and directs the City Manager to execute the project contract on behalf of the City of
Petaluma upon timely submission by of Ghilotti Brothers, 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.
8. Approves a construction contract contingency of $105,660 for 1st and F St. Bridge Replacement Project
No. C 16402141.
9. Approves a total project budget of $2,050,000. A budget adjustment will be brought forward in
conjunction with mid -year budget adjustments.
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 241h day
of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Barrett, Barnacle, Healy, King, McDonnell,
Fischer, Vice Mayor Pocekay
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[DocuSigned by:
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Mayor
Approved as to
form:
DocuSigned by:
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