HomeMy WebLinkAboutRESOLUTION 2025-153 N.C.S. 11/03/2025
Resolution No. 2025-153 N.C.S. Page 1
Resolution No. 2025-153 N.C.S.
of the City of Petaluma, California
RESOLUTION AWARDING CONTRACT FOR THE PETALUMA MUNICIPAL AIRPORT
TAXIWAY A REHABILITATION PROJECT (C61502009) TO GHILOTTI BROS, INC., REJECTING
THE BID OF O.C. JONES & SONS, INC. AS NON-RESPONSIVE, AND APPROVED A REVISED
PROJECT BUDGET
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 Petaluma Municipal Airport Taxiway A Rehabilitation Project (C61502009) (“Project”);
and
WHEREAS, the Project was advertised on March 17, 2025, and four (4) bids were received and opened
on April 22, 2025, in accordance with applicable law; and
WHEREAS, City staff reviewed the submitted bids and determined that the apparent low bidder – O.C.
Jones & Sons, Inc. – failed to meet the minimum qualifications requirements outlined in the bid documents.
Specifically, O.C. Jones & Sons, Inc. failed to provide a list of all claims and lawsuits presented or filed in the
last five (5) years in the required Questionnaire and Financial Assurance Statement and did not complete the
Bidder's Statement on Previous Contracts Subject to Equal Employment Opportunity (EEO) Clause form; and
WHEREAS, consistent with California law and public contracting principles, bids must conform to
specifications, and material omissions render a bid non-responsive; therefore, the bid submitted by O.C. Jones &
Sons, Inc. was determined to be non-responsive; and
WHEREAS, the lowest responsive and responsible base bid for the Project was submitted by Ghilotti
Bros, Inc. in the amount of $1,014,371, and the City intends to award the contract including the bid alternate, for
a total contract amount of $3,516,466; and
WHEREAS, City staff has confirmed that Ghilotti Bros, Inc. satisfies all bidding requirements for the
Project and possesses a valid California Contractor’s License Class A (General Engineering Contractor), No.
132128, 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
WHEREAS, the Petaluma Municipal Airport Taxiway A Rehabilitation Project (C61502009) is
categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) pursuant to pursuant to
CEQA Guidelines Sections 15301(c) and 15302 because the project consists of the repair, maintenance, and minor
alteration of existing pavement at the Airport within previously disturbed areas, involves negligible or no
expansion of use, and there are no cumulative impacts, unusual circumstances, or other factors that would make
the exemption inapplicable pursuant to CEQA Guidelines Section 15300.2; and
WHEREAS, a notice of exemption was issued for the project; and
WHEREAS, the Public Works Director found this project to be substantially complex due to the number
of resources needed to complete the project, construction at an operating airport, and the size and impact of the
work, and therefore has determined that a higher retention amount beyond five percent is warranted.
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
Resolution No. 2025-153 N.C.S. Page 2
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. Finds that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections
15301(c) and 15302, and that no exceptions apply under Section 15300.2.
3. Finds that this project is substantially complex due to the number of tasks needed to complete the project;
the number of resources, specialty contractor work needed; and the size and impact of the project.
4. Rejects the bid of O.C. Jones & Sons, Inc. as non-responsive for failure to provide required documents as
detailed in Exhibit A.
5. Finds that the base bid submitted by Ghilotti Bros, Inc. is the lowest responsive and responsible bid for
the Project.
6. Awards the contract for the Petaluma Municipal Airport Taxiway A Rehabilitation Project (C61502009)
to Ghilotti Bros, Inc., in the amount of $3,516,466, conditioned on Ghilotti Bros, Inc.’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.
7. Approves a construction contract contingency of $100,000.
8. Directs staff to issue a Notice of Award to Ghilotti Bros, Inc.
9. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma
upon timely submission by Ghilotti Bros, Inc. of all required documentation in accordance with the bid
specifications.
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 3rd day of November
2025, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES:
ABSENT:
ABSTAIN:
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
September 23, 2025
Via Email and First-Class Mail
O.C. Jones & Sons, Inc.
1520 Fourth Street
Berkeley, CA 94710
h foriara ocjoncs.com
Re: Notice Concerning Responsiveness of Bid Submitted by O.C. Jones & Sons, Inc. for
Petaluma Municipal Airport Taxiway A Rehabilitation Project
Dear Donat Galicz,
Pursuant to Section IO in the Notice Inviting Bids and Section IO of the Instructions to Bidders for
this project, which provides in pertinent part that "the City reserves the right to reject any or all bids".
Please be advised that City of Petaluma (City) staff intends to recommend that the City Council, at
its October 6, 2025, meeting, find the bid submitted by O.C. Jones & Sons, Inc. (O.C. Jones) for the
above-referenced Project non-responsive and reject it due to failure to comply with the requirements
outlined in the Statement of Qualifications, as detailed in Section lI below.
I.LEGAL STANDARDS
California Public Contract Code section 20162 and Petaluma Charter Section 68, which governs the
City's award of the contract for this Project, requires that the contract be awarded, if at all, to the
lowest responsible bidder. [n 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."
The City's discretion to waive inconsequential info1malities or uTegularities is well establishe d
under California law, "[I]t is fu1ther well-established that a bid which substantially confonns 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
MAYOR/ ALCALDE COUNCILMEMBERS / MIEMBROS DEL CONSEJO
Kevin McDonnell Janice Cader Th ompson, Dist. 1
John Shribbs, Dist. 2
Karen Nau, Dist. 3
Frank Quint, Dist. 4
Alex De Carli, Dist. 5
Brian Barnacle, Dist. 6
PUBLIC WORKS I 707.778.4303 I 1318 Redwood Way, Ste. 120, Petaluma, CA 94954 cityofpetaluma.org
Airport I 601 Sky Ranch Dr., Peta luma, CA 94954 I 707.77 8.4404
Corpor ation Yard I 840 Hopper St., Pet aluma, CA 94952 I 707.778 .4303 . . . ..
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
O.C. Jones & Sons, Inc.
September 22. 2025
Page 2
or, in other words, if the variance is inconsequential." (Bay Cities Paving & Grading, Inc. v. City
o/San Leandro (2014) 223 Cal.App.4th 1181, 1188 ("Bay Cities").)
A bid is responsive if it promises to do what the bidding instructions demand. ( Williams v Clovis
Unf/ied Sch. Dist. (2007) 146 Cal.App.4th 757; Valley Crest landscape Inc. v City Council ( I 996)
41 Cal.App.4th 1432, 1438.) In general, issues of responsiveness are detennined by looking
exclusively at the face of the bid. (Great West Contractors, Inc. v. Irvine Un[/ Sch. Dist. (20 I 0)
187 Cal.App.4th 1425, 1453. ("Great West") Therefore, allegations that go beyond the face of the
bid are generally not relevant for determining responsiveness. In addition, allegations of non
responsiveness must be evaluated from a practical, rather than speculative or hyper-technica I
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 pennitted 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 contra1y to public policy." (Bay Cities, supra, at 1189; internal
quotation marks omitted.)
Lastly, "A basic rule of competitive bidding is that bids must confonn to specifications, and that if
a bid does not so confonn, it may not be accepted." (47 Ops.Cal.Atty.Gen. 129, 130 ( 1966) quoted
with approval in ational ldentffication Systems, inc. v. State Bd. ofCont rol, ( 1992) 11 Cal.App.4'"
1446, 1453 and Konicci Business Machines US.A .. Inc. v. Regents of University of California
(1988) 206 Cal.App.3d 449, 454.) Accordingly, if a bid is not responsive to the bidding
instructions, a public entity may reject the bid outiight. H.ANALYSISa.O.C. Jones' Bid was Not Responsive
City staff have found O.C. Jones' bid to be non-responsive due to their failure to provide a list of
all claims and lawsuits presented or filed in the last five (5) years, regardless of the form, regarding
any public works project. O.C. Jones & Sons, Inc. failed to provide Questionnaire and Financial
Assurance Statement and failed to complete the Bidder's Statement on Previous Contracts Subject
to Equal Employment Opportunity (EEO) Clause form.
Per the Questionnaire and Financial Assurance Statement fonn, which was incorporated into the
Project's bid packet, bidders must provide a list of all claims and lawsuits presented or filed in the
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
O.C. Jones & Sons, Inc.September 22. 2025Page 3last five (5) years, regardless of the form, regarding any public works project. Under the
Questionnaire and Financial Assurance Statement bid fom1, O.C. Jones & Sons, Inc. does not list
any claims or lawsuits. Accurately completing the required bid forms is essential because it
demonstrates your fim1 's ability to comply with the administrative and reporting obligations that
are a critical part of eve1y public works contract. Even where the underlying infonnation (such as
past claims or lawsuits) may not be disqualifying, the City must be assured that contractors can
provide full, accurate, and timely disclosures as required by law and contract . It is our
understanding that O.C. Jones & Sons, Inc. failed to disclose on this bid form the fo1mal claim
they submitted during the Petaluma Community Spo11s Fields (PCSF) project. At a minimum this
claim should have been listed as part of this form.
In addition, the Bidder's Statement on Previous Contracts Subject to EEO Clause fom1 was not
completed correctly as the boxes were not checked. (See below on Page PF 15 in OC Jones's Bid
Packet, attached hereto as Figure I below). As the boxes were not checked, the City cannot confirm
whether the bidder has previously been subject to these obligations or complied with the repo11ing
requirements. Awarding a contract without this confirmation means the City has no assurance that
the bidder meets these fundamental requirements and could put the City at risk of violating federal
procurement rules.
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
O.C. Jones & Sons, Inc.
September 22. 2025
Page 4
BIDDER'S STATEMENT ON
PREVIOUS CONTRACTS
SUBJECT TO EEO CLAUSE
Each bidder, prospective prime contractor, and proposed subcontractor must complete the following fonn:
TI1e Bidder (Proposer) shall complete the following statement by checking the appropriate boxes.
The Bidde1 (Proposer) bas _ has not __ participated in a previous contract subject 10 the equal opportunity
clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246.
The Bidder (Proposer) has _ has not __ submitted all compliance reports in connection with any such
contract due under the applicable filing requirements; and that representations indicating submission of required
compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts
If the Bidder (Proposer) has participated in a previous contract subject to the equal opportunity clause and has not
submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a com
pliance repon on Standard Form I 00, "Employee lnfonnation Report EEO -1 ", prior to the award of contract.
4/22/25
Date
END OF BrDDER'S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EEO CLAUSE
Figure 1: Bidder's Statement on Previous Contracts Subject to EEO Clause -Submitted by O.C.
Jones & Sons Inc.
Accordingly, due to failure provide Questionnaire and Financial Assurance Statement and failure
to complete the Bidder's Statement on Previous Contracts Subject to EEO Clause form required as
outlined in the bid documents, O.C. Jones & Sons, Inc. 's bid was found to be non-responsive.
III.CONCLUSION
Based upon the foregoing, City staff will recommend that the City Council find O.C. Jones &
Sons, Inc. 's bid non-responsive and that the construction contract will be awarded to Ghilotti Bros
at the October 6, 2025, City Council meeting. The City appreciates O.C. Jones & Sons, Inc. 's
interest in this project and encourages you to consider bidding on future City's projects.
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
O.C. Jones & Sons. Inc.September 22. 2025Page 5Sincerely, Assistant City Attorney dbradv(a cit vothctaluma.or� (707)778-4497cc: Isabelle Boettner, Assistant Engineer Jonathan Sanglerat, Engineering/CIP Manager Paul Kaushal, Director of Public Works and Utilities Eric Danly, City Attorney Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283