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HomeMy WebLinkAboutResolution 2013-013 N.C.S. 2/4/2013 Resolution No. 2013-013 N.C.S. of the City of Petaluma, California AUTHORIZING AWARD OF CONTRACT, INCREASE OF BUDGET, AND TRANSFER OF FUNDS FOR SWIM CENTER ENERGY EFFICIENCY AND RENEWABLE ENERGY PROJECT WHEREAS, city staff has prepared construction bid documents and advertised for construction for this 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 January 10, 2013, and four bids were received and opened on January 24, 2013 in accordance with applicable law; and, WHEREAS, the lowest responsible bid for the Project was submitted by Tricon Aquatics from Rancho Cordova, CA for $479,369.00; and, WHEREAS, staff has determined that the Contractor's bid satisfies the bidding requirements for the Project; and, WHEREAS, staff has verified that Tricon Aquatics possesses a valid California Contractor's License, Class C-53, number 754506 that qualifies Tricon Aquatics to perform the Project; and, WHEREAS, the Project is categorically exempt pursuant to California Environmental Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA Guidelines"), Section 15302, because the project consists of replacement and reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and, WHEREAS, the City is responsible for initial cost of implementation of efficiency measures until funds from PG&E Loan are received; and, Resolution No. 2013-013 N.C.S. Page I WHEREAS, the CIP Fund does not have current resources available to finance the site improvements; and, WHEREAS, the Community Facilities Impact Fee Fund has an adequate balance to lend this project up to $544,000.00; and, WHEREAS, the CIP fund will have the ability to repay a loan of up to $544,000 from the Community Facilities Impact Fee Fund when the PG&E Loan reimburses the CIP fund for the cost of work completed to install the energy efficiency improvements; and, WHEREAS, the energy efficiency improvements to be funded by the interfund loan are within the purposes for which the Community Facilities Impact Fees were adopted because the improvements will improve the functioning and services provided at the Swim Center and at the community facilities served by the lighting retrofits; and, WHEREAS, PG&E has agreed to enter into agreement for City use of the On-Bill Financing Loan Program and will fully fund eligible project costs upon successful completion to be paid back monthly within City related utility billing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. In accordance with the City of Petaluma Charter and Municipal Code, California Public Contract Code Section 20162 and other applicable law, waives any and all non-conformance in the bid of by Tricon Aquatics for the Swim Center Energy Efficiency and Renewable Energy Project, Project No. C14501001, finds the bid of $479,369.00 to be the lowest, responsive bid and further finds that by Tricon Aquatics is the lowest responsible bidder. 2. Awards the contract for the Swim Center Energy Efficiency and Renewable Energy Project, Project No. C14501001 to Tricon Aquatics in the amount of$479,369.00, the amount of the lowest responsive bid, conditioned on Tricon Aquatics' timely executing the project contract and submitting all required documents, including but Resolution No.2013-013 N.C.S. Page 2 not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 3. Directs staff to issue a notice of award to Tricon Aquatics. 4. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma upon timely submission by Tricon Aquatics of the signed project contract and all other required document, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby: 5. Modifies the FY 2012-2013 Community Facilities Impact Fee Budget to include the allocation of an amount not-to-exceed $544;000 for the energy efficiency improvements at the Swim Center, Cavanaugh Center, Airport, Senior Center, Corporation Yard and Fire Stations 1, 2 and 3. 6. Authorizes the City Manager to sign the Promissory Note for the lnterfund Loan attached hereto as Exhibit A. 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 7A‘pprolved as to Council of the City of Petaluma at a Regular meeting on the 4t5 day of February, ) orm: 2013, by the following vote: Ci ; Attorney AYES: Vice Mayor Albertson, Barrett. Mayor Glass, Harris, Healy, Kearney, Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: ef ou jo / City Clerk Mayor Resolution NO.2013-013 N.C.S. Page 3 Exhibit A to Resolution CITY OF PETALUMA, CA PROMISSORY NOTE FOR INTERFUND LOAN This Promissory Note (Note) for an Interfund Loan is entered into as of , 2013 (date), by and between the City Treasurer of the City of Petaluma, acting as custodian of the funds of the City of Petaluma, and the City Manager of the City, acting for the City Council in implementation of the directives and authority of Resolutions Number 2011-170 N.C.S, adopted December 19, 2011 and 2013- 012 N.C.S, adopted February 4, 2013. 1. The Treasurer shall transfer to the CIP Project Fund C14501001, from the Community Facilities Impact Fee Fund, such amounts as the City Manager shall direct from time to time, not to exceed the total sum of Five Hundred Forty-Four Thousand Dollars ($544,000). 2. The Treasurer, as custodian of the funds, agrees to promptly repay any sums advanced hereunder, plus simple interest per annum at the rate equal to the City's investment earnings, as determined in the first quarter of 2013, upon receipt of the PG&E General On-Bill Financing Loan described in Resolutions No. 2011-170 N.C.S. and 2013-012 N.C.S. All funds payable pursuant to this Note shall be repaid as funds become available. 3. This Note is subject to the terms of City of Petaluma Resolutions Number 2011-170 and 2013-012 N.C.S., which are incorporated herein and made a part of by reference. Executed as of the date first above written. CITY OF PETALUMA, CA By City Treasurer By City Manager Approved as to form this day of 2013 City Attorney Resolution No. 2013-013 N.C.S. Page 4