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HomeMy WebLinkAboutRESOLUTION 2025-115 N.C.S. 08/04/2025 Resolution No. 2025-115 N.C.S. Page 1 Resolution No. 2025-115 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE TRANSIT FLEET CHARGING INFRASTRUCTURE PROJECT (C65502214) TO MIKE BROWN ELECTRIC, CO. AND REJECTING THE BID OF CATS 4U, INC. AND SCC ELECTRIC, INC. 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 Phase One of the Transit Fleet Charging Infrastructure Project (C65502214) (“the Project”); and WHEREAS, the Project was advertised on June 6, 2025, and six (6) bids were received and opened on July 1, 2025, in accordance with applicable law; and WHEREAS, City staff reviewed the submitted bids and determined that the two lowest bidders—Cats 4U, Inc. and SCC Electric, Inc.—did not meet the minimum qualification requirements outlined in the bid documents, including, Electric Vehicle Infrastructure Training Program (EVITP) certification, and a complete Statement of Qualifications (SOQ) as stated in greater detail in Attachments 3 and 4 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 Mike Brown Electric, Co. from Cotati, CA, in the amount of $547,365.00; 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 bids submitted by Cats 4U, Inc. and SCC Electric, Inc. were non-responsive and should be rejected; and WHEREAS, as a result of the bid evaluation and rejection of non-responsive bids, the lowest responsive and responsible bid for the Project was submitted by Mike Brown Electric, Co. from Cotati, California, in the amount of $547,365; and WHEREAS, no protests to the bid were received, and the deadline to file a protest has lapsed; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land), because the project involves installation of new electric vehicle charging infrastructure at an existing public facility with no expansion of use; and Docusign Envelope ID: 47758E5E-86AB-4F3E-ABBF-0B4AA65C20F0 Resolution No. 2025-115 N.C.S. Page 2 WHEREAS, the Project is also exempt from CEQA under Guidelines §15061(b)(3) (the common sense exemption), as there is no possibility that the activity may have a significant effect on the environment as the installation of electric vehicle charging infrastructure will enable the City’s bus fleet to transition from diesel to electric vehicles, thereby reducing greenhouse gas emissions and supporting the City’s sustainability and air quality goals; and WHEREAS, the Project budget includes sufficient funds to complete the work specified in the contract, including a construction contingency of $300,000.00 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 bids of Cats 4U, Inc. and SCC Electric, Inc. as non-responsive for failure to meet the minimum qualification and documentation requirements outlined in the bid specifications as explained in greater detail in Attachments 3 and 4 of the concurrent staff report which is incorporated as part of this resolution. 3. Finds that the bid submitted by Mike Brown Electric, Co. is the lowest responsive bid, and that Mike Brown Electric, Co. is the lowest responsible bidder for the Project. 4. Awards the contract for the Petaluma Transit Electronic Bus Charging Project which represents Phase One work for the Transit Fleet Charging Infrastructure Project (C65502214) to Mike Brown Electric, Co., in the amount of $547,365.00, conditioned on Mike Brown Electric, Co.’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 Mike Brown Electric, Co. 6. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma upon timely submission by Mike Brown Electric, Co. of all required documentation in accordance with the bid specifications. 7. Approves a construction contract contingency in the amount of $300,000.00 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