HomeMy WebLinkAboutResolution 2022-135 N.C.S. 08/08/2022ATTACHMENT 2
Resolution No. 2022-135 N.C.S. Page 1
Resolution No. 2022-135 N.C.S.
of the City of Petaluma, California
AUTHORIZING AWARD OF CONTRACTOR FOR THE ELLIS CREEK OUTFALL RELOCATION PROJECT TO NBC ENGINEERING & CONSTRUCTION INC.
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling Facility (ECWRF),
located at 3890 Cypress Drive, Petaluma California; and WHEREAS, City staff has prepared construction bid documents and advertised for construction for the Ellis Creek Water Recycling Facility Outfall Relocation 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 June 30, 2022, and no bids were received on July 20, 2022, the date
scheduled for the opening of bids, in accordance with applicable law; and
WHEREAS, even though the City did not receive any bids, the City did comply with its Charter and Municipal Code by following the process for bidding out the project; and
WHEREAS, California Public Contract Section 20166 authorizes cities that receive no bids on their
construction projects to “have the project done without further complying with” the Local Agency Public Construction Act; and WHEREAS, the common law recognizes a bidding exception for circumstances where competitive bidding
of public contracts otherwise required by statute may be excused, including circumstances where the contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable, impractical, or impossible, Graydon v. Pasadena Redevelopment Agency (1980) 104 CA3d 631; and
WHEREAS, as the City already formally bid out this project and received no bids on the project, readvertising the project for competitive bids again would be undesirable; and WHEREAS, the City has received no protests concerning the result of no bids received, the time to protest proposal has lapsed; and
WHEREAS, the City solicited a response from listed plan holders, and NBC Engineering & Construction expressed such interest upon further review of the project; and other listed plan holders did not indicate any continued interest; and
WHEREAS, NBC Engineering & Construction Inc. submitted a responsible base bid proposal of $929,403, with additive alternative 1 of $86,411 and was found by staff to be fair and reasonable; and satisfies the bidding requirements for the project; and WHEREAS, staff has verified that NBC Engineering & Construction Inc. possesses a valid California
Contractor’s License, Class A (General Engineering Contractor), number 857964 that qualifies the Contractor to perform the project; and
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Resolution No. 2022-135 N.C.S. Page 2
WHEREAS, on August 8, 2022, by a concurrent resolution the City Council certified the Water Recycling Facility and River Access improvements Environmental Impact Report Outfall Relocation Addendum, approved
the project, and adopted a Mitigation Monitoring Plan; and
WHEREAS, the grant is expected to be awarded to the City of Petaluma within a few months from the application submission date as the project underwent a grant pre-application process and was approved to proceed for bidding; and
WHEREAS, an Environmental Impact Report (EIR) for the ECWRF (State Clearinghouse #2001052089) was certified on August 5, 2002, by City Council as Resolution No. 2002-135, with addenda prepared in 2004, 2005, 2006, 2007, and twice in 2016; and
WHEREAS, under California Environmental Quality Act (CEQA) Guidelines section 15164, a lead agency
may prepare an addendum to a previously certified EIR to analyze changes in a project, or in circumstances surrounding a project, where the record indicates that a supplemental or subsequent EIR or negative declaration is not required; and
WHEREAS, a construction contract contingency of $152,372 is approximately fifteen percent (15%) of the
construction contract; and WHEREAS, the FY 22/23 Capital Improvement Program (CIP) budget is sufficient to complete the project as bid.
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 as the City received no bids for the Ellis Creek Water Recycling Facility Outfall Relocation Project, project No. C66501838, Public Contract Code Section 20166 authorizes the City to not comply with the Local Agency Public Construction Act in awarding this project and that readvertising the project for competitive bids again would be undesirable.
3. Finds that the City complied with the City of Petaluma Charter and Municipal Code, the California Public Contract Code Section, and other applicable laws waive any and all non-conformance in the bid of NBC Engineering & Construction Inc. for the Ellis Creek Water Recycling Facility Outfall Relocation Project, project No. C66501838 finds that NBC Engineering & Construction Inc. is responsible with a base bid of
$929,403, and an additive alternate 1 bid of $86,411.
4. Awards the contract for the Ellis Creek Water Recycling Facility Outfall Relocation Project, project No. C66501838, to NBC Engineering & Construction Inc. in the amount of $1,015814, the amount of bid plus additive alternate 1conditioned on NBC Engineering & Construction Inc.'s timely executing of 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. 5. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma contingent upon timely submission by NBC Engineering & Construction Inc., of the signed project contract
and all other required documents, including but not limited to, executed bonds, certificates of insurance, and
endorsements, in accordance with the project bid documents. 6. Approves a construction contract contingency of $152,372.
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Resolution No. 2022-135 N.C.S. Page 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 8th day of August 2022,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell
NOES:
ABSENT:
ABSTAIN:
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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