HomeMy WebLinkAboutResolution 2022-115 N.C.S. 07/11/2022
Resolution No. 2022-115 N.C.S. Page 1
Resolution No. 2022-115 N.C.S.
of the City of Petaluma, California
RECOMMENDING THE REJECTION OF ALL BIDS FOR THE NORTH MCDOWELL BOULEVARD COMPLETE STREETS PROJECT C16102147 PURSUANT TO PUBLIC CONTRACT CODE SECTION 20166
WHEREAS, City staff has prepared construction bid documents and advertised for construction for the North
McDowell Boulevard (NMD) Complete Streets Project (“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 May 12, 2022, and five (5) bids were received and opened on June 9, 2022, in accordance with applicable law; and WHEREAS, the lowest bidder for the project was submitted by Bauman Landscape & Construction (Bauman) requested relief of their bid on June 13, 2022, due to a numerical error made in their bid schedule; and
WHEREAS, pursuant to California Public Contracting Code Section 5101 an awarding authority may consent to relieve a bid because of a mistake; and WHEREAS, Bauman complied with Public Contracting Code Section 5103 because:
1. Bauman provided written notice to the City on June 13, 2022, within five working days after the opening of the bids; and 2. Bauman demonstrated that the mistake was made in providing bid costs for the incorrect units of measurements; and 3. Bauman’s mistake made the bid materially different because the cost was incorrect; and
4. This mistake was made in filling out the bid was not due to an error in judgment but because of demonstrated incorrect accounting
WHEREAS, the second-lowest bidder, Azul Works, Inc. submitted an unresponsive bid for the project; and
WHEREAS, the lowest responsible bidder for the project was submitted by Ghilotti Brothers, Inc., from San
Rafael, CA for $6,377,643.00, which exceeds the approved project budget; and WHEREAS, Ghilotti Brothers, Inc., the third-lowest bidder from San Rafael, submitted a formal bid protest against the two lowest bidders on the project; and
WHEREAS, per Municipal Code Section 4.04.080, “The City Council shall reserve the right to reject any or all bids in whole or in part and may waive any irregularities or informalities in any bids...”; and WHEREAS, per Public Contract Code section 20166, “In its discretion, the legislative body may reject any
bids presented and readvertise…”; and
WHEREAS, the proposed action of rejecting all bids and readvertising is not a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 as this is an administrative activity that will not result in direct or indirect physical changes in the environment; and
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Resolution No. 2022-115 N.C.S. Page 2
WHEREAS, the eventual approval of the North McDowell Boulevard Complete Streets Project will be exempt pursuant to CEQA Guidelines Section 15301(C) (Existing Facilities) as the project will repair and make
minor alterations to existing highways and streets, sidewalks, gutters, and similar facilities for the purpose of
public safety. WHEREAS, City Staff recommends the City Council reject all bids due to the third-lowest bidder’s bid exceeding the project budget and due to irregularities in the two low bidders’ bids.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares that the above recitals are to be true and correct and are incorporated into this resolution as findings of the City Council.
2. Finds that the proposed action of rejecting all bids and readvertising is not a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 as this is an administrative activity that will not result in direct or indirect physical changes in the environment. Additionally, the eventual approval of the North McDowell Boulevard Complete Streets Project will be exempt pursuant to
CEQA Guidelines Section 15301(C) (Existing Facilities) as the project will repair and make minor
alterations to existing highways and streets, sidewalks, gutters, and similar facilities for the purpose of public safety. 3. Rejects all bids for the North McDowell Complete Streets Project.
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 11th day of July 2022,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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