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Home My WebLink AboutResolution 2023-188 N.C.S. 12/18/2023 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO Resolution No. 2023-188 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING THE AWARD OF CONTRACT FOR THE PAVEMENT RESTORATION 23/24 C16102248 AND URBAN RECYCLED WATER SYSTEM—MARIA EXTENSION/LOOP FY23/24 C66501834 TO AZUL WORKS.,INC., REJECTING GHILOTTI BROTHERS, INC.'S BID PROTEST AND FINDING THIS ACTION IS NOT A"PROJECT" PURSUANT TO CEQA GUIDELINES SECTION 15301 WHEREAS,in accordance with the City of Petaluma Charter and Municipal Code,California Public Contract Code Section 20162, and other applicable laws, City staff prepared construction bid documents and solicited bids for the Pavement Restoration & Reconstruction-Citywide FY23/24 Maria Dr. C 16102248 and Urban Recycled Water System—Maria Extension/Loop FY23/24 C66501834 (Project); and WHEREAS,the project was bid on September 28,2023,and four(4)bids were received and opened on October 26, 2023, in accordance with applicable law; and WHEREAS,the lowest responsible bid for the project was submitted by Azul Works,Inc. from San Francisco, CA, for$4,564,598; and WHEREAS,Azul Works, Inc. satisfies the bidding requirements for the project; and WHEREAS,Azul Works,Inc.possesses a valid California Contractor's License,Class A#780074,that covers the work; and WHEREAS,on November 28,2023,the City received a bid protest by Ghilotti Brothers,Inc.,the second lowest bidder challenging Azul Works, Inc.'s bid as unresponsive; and WHEREAS, Ghilotti Brothers, Inc. alleges in their November 28, 2023,bid protest letter that Azul Works, Inc. provided an Invalid Bid Bond; provided a invalid signature on the Bid Form; provided an Invalid Site Visit Affidavit; and, provided a Questionnaire and Financial Assurance Statement with missing information; and WHEREAS, the responses and correspondence from Ghilotti Brothers, Inc., and Azul Works, Inc. are attached to the concurrent staff report as Attachment 3 and are incorporated into this resolution; and WHEREAS, in Section 18 of the Notice Inviting Bids document: the City expressly reserves its rights to evaluate bid compliance and to waive minor bidding errors: "The City reserves the right to reject any or all bids, to waive any minor irregularity in a bid, and to make awards to the lowest responsive,responsible bidder as it may best serve the interest of the City;" and WHEREAS, a public entity's discretion to waive inconsequential informalities or Irregularities, is well- established under California law: "[I]t is further well-established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential." (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1188 ("Bay Cities"); and Resolution No. 2023-188 N.C.S. Page 1 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDC0 WHEREAS, in general, issues of responsiveness are determined by looking exclusively at the face of the bid, (Great West Contractors,Inc. v.Irvine Unif. Sch.Dist.(2010) 187 Cal.App.41h 1425, 1453)and therefore,allegations that go beyond the face of the bid are generally not relevant for determining responsiveness; and WHEREAS, allegations of non-responsiveness must be evaluated from a practical, rather than speculative or hyper-technical perspective, and based on the public interest: "They must also be viewed in light of the public interest, rather than the private interest of a disappointed bidder. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal...of the low bidder after the fact, [and] cancel the low bid on minor technicalities,with the hope of securing acceptance of his,a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy." (Bay Cities, at 1189; internal quotation marks omitted); and WHEREAS, for the reasons stated in attachment 3 to the concurrent staff report, Azul Works, Inc., bid is responsive and Ghilotti Brothers, Inc.'s bid protest is without merit; and WHEREAS, the Pavement Restoration & Reconstruction-Citywide FY23/24 Maria Dr. C16102248 and Urban Recycled Water System — Maria Extension/Loop FY23/24 C66501834 project is categorically exempt pursuant to California Environmental Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA Guidelines"), Section 15301 because the project consists of repair and maintenance to an existing public street. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares that the above recitals are true and accurate and are incorporated herein as findings of this Resolution. 2. Finds that the Pavement Restoration & Reconstruction-Citywide FY23/24 Maria Dr. C16102248 and Urban Recycled Water System — Maria Extension/Loop FY23/24 C66501834 project is categorically exempt pursuant to California Environmental Quality Act("CEQA")and Title 14,the California Code of Regulations ("CEQA Guidelines"), Section 15301 because the project consists of repair and maintenance to an existing public street. 3. Finds for the reasons stated in attachment 3 to the concurrent staff report and incorporated into this resolution, that Azul Works, Inc., bid is responsive and Ghilotti Brothers, Inc.'s bid protest is without merit. 4. Awards the contract for the Pavement Restoration&Reconstruction-Citywide FY23/24 Maria Dr. C 16102248 and Urban Recycled Water System—Maria Extension/Loop FY23/24 C66501834 to Azul Works, Inc., in the amount of $4,564,598, the amount of the lowest responsive bid, conditioned on Azul Works, 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. 5. Directs staff to issue a notice of award to Azul Works, Inc. 6. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma upon timely submission by Azul Works, 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. Resolution No. 2023-188 N.C.S. Page 2 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDC0 7. Approves a construction contract contingency of$466,000 for Pavement Restoration&Reconstruction- Citywide FY23/24 Maria Dr. C 16102248 and Urban Recycled Water System—Maria Extension/Loop FY 23/24 C66501834. 8. Authorizes staff to prepare a budget adjustment for the CIP project as outlined in the Financial Impact Section. 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 meeting on the 181h day of December pcuftned by: 2023 by the following vote: �Q Ciry torney AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs NOES: None ABSENT: None ABSTAIN: Nobocusigned by: p Dxuftnned by: ATTEST: rty er �m16449AO62476... Resolution No. 2023-188 N.C.S. Page 3