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HomeMy WebLinkAboutRESOLUTION 2025-114 N.C.S. 08/04/2025 Resolution No. 2025-114 N.C.S. Page 1 Resolution No. 2025-114 N.C.S. of the City of Petaluma, California RESOLUTION AWARDING CONTRACT FOR THE WETLANDS MITIGATION AND BIORETENTION REHABILITATION AS PART OF THE PETALUMA COMMUNITY BASEBALL FIELD (PHASE ONE) PROJECT (C14501607) TO WILDCAT ENGINEERING AND REJECTING THE BID OF N G BUILDER COMPANY AS NON-RESPONSIVE 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 bid documents and solicited bids for the Petaluma Community Sports Fields Wetlands Mitigation and Bioretention Rehabilitation Project (“Project”) as part of the Petaluma Community Baseball Field (Phase One) Project (C14501607); and WHEREAS, the Project was advertised on June 20, 2025, and five (5) bids were received and opened on July 9, 2025, in accordance with applicable law; and WHEREAS, City staff reviewed the submitted bids and determined that the apparent low bidder - N G Builder Company - did not meet the minimum qualification requirements outlined in the bid documents, including failure to meet the minimum number of years of experience required performing similar work set forth by the Statement of Qualifications (SOQ) and failure to submit signed copies of the Addendums issued as stated in greater detail in Attachment 3 of the concurrent staff report which is incorporated as part of this resolution; and WHEREAS, the lowest responsible and responsive bid for the Project was submitted by Wildcat Engineering from Petaluma, CA, in the amount of $254,180; and WHEREAS, under California Public Contract Code Section 20162 and Section 18 of the City’s Notice Inviting Bids, the City reserves the right to reject any or all bids and to award the contract to the lowest responsive and responsible bidder; and WHEREAS, California law provides that a bid is responsive only if it promises to do what the bidding instructions require, as determined from the face of the bid (See Williams v. Clovis Unified Sch. Dist. (2007) 146 Cal.App.4th 757; Great West Contractors, Inc. v. Irvine Unif. Sch. Dist. (2010) 187 Cal.App.4th 1425); and that material omissions—such as failure to submit required documentation—render a bid non-responsive; and WHEREAS, consistent with these legal standards and the public contracting principles that bids must conform to specifications (National Identification Systems, Inc. v. State Bd. of Control (1992) 11 Cal.App.4th 1446), staff determined that the bid submitted by N G Builder Company was non-responsive and should be rejected; and WHEREAS, as a result of the bid evaluation and rejection of non-responsive bid, the lowest responsive and responsible bid for the Project was submitted by Wildcat Engineering from Petaluma, California, in the amount of $254,180; and WHEREAS, City staff has confirmed that Wildcat Engineering satisfies all bidding requirements for the Project and possesses a valid California Contractor’s License Class A (General Engineering Contractor), No. 951203, qualifying them to perform the required work; and WHEREAS, no protests to the bid were received, and the deadline to file a protest has lapsed; and Docusign Envelope ID: 47758E5E-86AB-4F3E-ABBF-0B4AA65C20F0 Resolution No. 2025-114 N.C.S. Page 2 WHEREAS, the project is covered under the previously adopted Mitigated Negative Declaration (MND) for the East Washington Park Master Plan (adopted October 18, 2010), and no further environmental review is required under CEQA Guidelines Section 15162; and WHEREAS, the Project budget includes sufficient funds to complete the work specified in the contract, including a construction contingency of $95,000 to address unforeseen conditions or necessary changes during construction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. Finds the above recitals to be true and correct and incorporates them as findings of this Resolution. 2. Rejects the bid of N G Builder Company as non-responsive for failure to meet the minimum qualification and documentation requirements outlined in the bid specifications, as stated in detail in attachment 3 to the concurrent staff report and which is incorporated into this resolution. 3. Finds that the bid submitted by Wildcat Engineering is the lowest responsive bid, and that Wildcat Engineering is the lowest responsible bidder for the Project. 4. Awards the contract for the Petaluma Community Sports Fields Wetlands Mitigation and Bioretention Rehabilitation Project as part of the Petaluma Community Baseball Field (Phase One) Project (C14501607) to Wildcat Engineering, in the amount of $254,180, conditioned on Wildcat Engineering’s timely execution of the project contract and submission of 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 Wildcat Engineering. 6. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma upon timely submission by Wildcat Engineering of all required documentation in accordance with the bid specifications. 7. Approves a construction contract contingency in the amount of $95,000 to be used by the City Manager or their designee for unforeseen conditions and necessary change orders. 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 4th day of August 2025, by the following vote: Approved as to form: __________________________ City Attorney AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor Docusign Envelope ID: 47758E5E-86AB-4F3E-ABBF-0B4AA65C20F0