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HomeMy WebLinkAboutAgenda Bill 3C 05/03/2010~l~~m~~Itewv# 3.C ~'A L U~. a '~ Ig5g DATE: May 3, 2010 TO: Chair and' Members of the Petaluma Community Development Commission. through Execuf_iye Director FROM: ~ Vincent Marengo;. Director of Public Works. SUBJECT:. PCDC Resolution, Approving the Construction Budget. and Authorizing Award of Contract for the Caulfield Lane Extension At-Grade Railroad Crossing Project to North Bay Construction, Inc. RECOMMENDATION: It is recommended that the Commission adopt the attached resolution approving the construction budget and authorizing the award,of contract for the Caulfield, Lane Extension At-Grade Railroad Crossing Project to North Bay Construction, Inc. BACKGROUND: This project will.extend Caulfield Lane Extension from its current .terminus to Hopper Street, including a new at-grade railroad crossing.. The improvements will close the existing Hopper Street connection to Lakeville Street. Plans and specifications for the project were prepared by a design consultant, under the supervision of Public Works staff. A Notice Inviting Bids was issued on February 25, 20.1'0, and bids were received. on March 24,_ 2010 as follows: NAME OF BIDDER BID AMOUNT Ghlotti! Construction Company $295,547.25 North "Bay- Construction, Inc. $302,894.50 Ghilotti Brothers ~ $344,666.00 Tearn Ghilot"ti, Inc. $392,471..00 The engineer's estimate for construction is $506,000. The apparent low bidder, Gh!lotti Construction Company,. has requested withdrawal of their bid, due to an error. With a bid of $302,8.94.50, the apparerit.second low bidder is North Bay Construction, Inc., -who have completed many projects for the City of Petaluma. Staff verified that North Bay Construetori possesses a valid. class A contractor's license No. 357560, which Agenda Reu'ie~IJ ~ q ,, Dept. Director` ~/vG City Attorney Finance Director~~~ City Manager qualifies them to perform the work. Staffrecorrimends award of contract to North Bay Construction. DISCUSSION; The purpose of this project is to move the existing railroad crossing from ..Hopper/Jefferson to a safer crossing at Caulfield. It is anticipated that this work will be completed by early summer, prior to use of the tracks for freight hauling, which is expected to commence later this summer. FINANCIAL IMPACTS: Total Cost of Proposal: $ 458,644.50 Amount Budgeted: $ 1,506,000.00 Name of Fund: ~ PCDC Project Account Number: 001200104 Current Project Account Balance: $ 1,053,000.00 This construction contract is a'porton of a complex interagency agreement to improve safety for all modes of traffic at this railroad crossing. Track and underground work has been completed by a North Coast .Rail Authority (NCRA) contract. A small amount of additional work will need to be completed by an NCRA contractor, either concurrently' or upon completion of the City contract. Staff fully expects all required work, including City funded NCRA design and construction, to be completed within the original project budget. The following is a breakdown of the construction budget: Construction- Contract (low bid) Construction Management & Inspection Geotechnical Testing Contingency CIP Overhead $302,894.50 $60,000.00 $10,000.00 $75,000.00 $1.0,750.00 TOTAL: $458,644.50 A larger than typical 15% of'bid amount is being requested for construction contingency, due to the complexity of interagency requirements, the known soil contamination, and the excessively low bid. All unused project budget, including contingency, will be returned to the funding source upon final completion of the project. Funding has.-been approved through prior- action by PCDC. ATTACHMENTS L. PCDC resolution approving the project budget and authorizing award of contract 2: .Location. map 3. PCDC resolution .2007-20B adopting-findings for expenditure of tax increment funds for the project; and City resolution 200.7-1-92B consenting to use of funds 4. 4. Bid withdrawal request from the low bidder 2 d4'T'T'AC~IIIAE~1~ 1 RESOLUTION APPROVING THE CONSTRUCTION BUDGET .AND AiJTHORIZING THE' AWARD OF CONTRACT )F'OR THE CAULIF'IELD LANE EXTENSION A'T-GRADE RAILROAD CROSSING PROJECT TO NORTH BAY CONSTRUCTION, INC. WHEREAS, the Petaluma Community Development Commission ("PCDC") staff has prepared construction bid documents and. advertised for construction of this Project; and WHEREAS, in accordance with the,Cty of Petaluma Charter and Municipal Code, California Public Contract Code Section 20688.2 and other applicable law, PCDC staff solicited bids for the Project; and WHEREAS, the project was bid on March. 24, 2010, and four (4) bids were received and opened in accordance with applicable .Taw;- and WHEREAS, the lowest bid for the Project was from Ghilotti Construction Company for $295,547.25; and WHEREAS, Ghilotti Construction submitted to the City within fine business days of bid opening a written request to withdraw its bid, based on omission of landfill fees in its bid for disposal of soil at a class II .landfill; and. WII~REAS, the second -low -bid was from North Bay Construction, .Inc. for $302,894.50; and WHEREAS, Public Works staff believes that re-advertising will not result in lower bids; and WHEREAS, staff has determined that North Bay Construction's bid satisfies the bidding requirements for the Project; and WHEREAS, staff has verified that North Bay Construction possesses.a valid California Contractor' License; Class A, number 357560, that qualifies North Bay to perform the Project; and WHE~AS, environmental impacts ofthe at-grade crossing for which the proposed easements are being acquired were studied :for purposes of the California Environmental Quality Act ("CEQA") as part. of the. program Final Environmental Impact Report for the Central Petaluma Specific .Plan ("CPSP") certified by the City of Petaluma prior to adoption. of the CPSP (SCH #2002-.112=039) ("FEIR"); and W1=IEREAS; on February 16, 2006, the PUC issued its Opinion Conditionally Granting Application 04-06-030 ("2006 Opinion"), which condtionally.approved relocation of the crossing. and determined that the City's prior environmental review was adequate to support the PUC conditional approval; and WHEREAS, at such time as passenger rail service commences along the rail line, the City is required by-the 2006 Opinion to apply to the PUC for continued authorization of the at-grade crossing; and will include as part of that application .any supplemental environmental evaluation required because of future institution of passenger rail service.. NOW, T'IIEREhORE, BE IT RESOLVED that the City Council of the City and the PCDC hereby: Approves the Construction Budget in the amount of $458,644.50. 2. 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 North Bay Construction, Inc. for'the Caulfield Lane Extension Railroad At-Grade Crossing Project, finds the. bid of $302,894.50 to be the lowest, responsive'bid and further finds that North Bay Construction is the lowest responsible bidder. 3. Awards the contract for the Caulfield Lane Extension,Ralroad At-Grade Crossing Project to North Bay Construction, Inc. in the amount of.$302,894.50, the amount of the .lowest responsive bid, conditioned on North Bay 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. 4. Directs staff to issue a notice of award to North Bay' Construction, Inc. 5. Authorizes and directs the Executive Director to execute the project contract on behalf of the PCDC upon timely submission by North Bay Construction, 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 b.id documents. 4 ATTACI~ENT 2 02 ~~ \\ ~ y ~o ~~ ~ \ ~ a. ~~~ ~~ Q RqM ~ r eP ~~`` /\~;~ - zoo ~ J\ \ P~~ COL ~. ~ A ~~~ p a c? q J~ y ~Q- rRg2 GP PR CT AREA ' ~ ~°~ S'~eFT ~~ \jHOP` CCTREET CLOSl1RE) '~ V \ LAKEVILLE.:STREET / IAKEVILL E STREET ~~~ / ~~ N~PAER ~ I l/ ~~' `'TR£fT , 1 9~ C'jYq~~~ ~ ~' ~ NORTkWESTeRPy. AAClFIC R.41lRp ~ L Ap \~ ~; r \\~~ ~ ~ I h~pPFR SrREfr \~ Z `\ ~/ REA ~ ~\ r CAULFIELD SSIN ~~ / 9 ~~ \ x \ 9Z Z r .~ LOCATIOi~! MAP SG:ALE: 'N: T. S. 5 ATYACHI1AERlT 3 PET;4LUNIA CO~ttNiUN{TY DEVElOPNtEi~T'COMfVl1SSION RE50LlITlON i~d0.2007-208 RESOLUTION OE:THE'RETALUMA CQ14tMUNITY DEVELOPMENT COMMISSION AUTHORIZING USE.OF $7.885`MILLION OFtPETACIIMA.COMNIU_NITX DEVELOPMENT COMMISSION TAX 1N'CREMENTFUNDS FOR PU6LIG 1MPROVEMEN7S'WITHINIHE CENTRA'L;BUSINESS DISTRICT AND. P; ETALUNIA-COMMUNITY`DEVEL08MENTREDEVELOPMENT P,ROilECT AREAS AND MAKING fINDfNGS REQUIRED BY CALIFORNIA HEALTN'& SAFETY CODE,SECTION 33445 WHEREAS, fhe,City Council;of fheCity of Petaluma (the'"City'Council") adopted the Redevelopment Plon for the-CeniroPBusines;;District'Project Area (the "CBp") in 1926 and the R.~..... Redevelopment Pldn forfle Petaluma Community Dekelopment,Project Area (the °PCD") in t 988 (the "Redevelopmentt'lans") and fiscally;mergedthe Redeyetoprnent Plons in.2006; and. WHEREAS; the Redevelopment Plans of forfh'plans°torrwevelopment of the CBD and PCD Project Areos (the ",Project Areas'"J; ond, WHEREAS, he:Reialumq Community Deyefopment Commission (the "PCDC"j is respohsbie for-^dministeririg the Redevelopment PIonS to coase the:redevelopmenf of the Rroject Areos. including; instdllolion of public improvements consistent with fhe Redevelopment Plans;'and: WHEREAS, it would be beneficial to the alleviation of blight in the Project Areas to moke the following public;improvemenfs (fhe "Public Improvements"}: • Woshington;Street- Noword $treei to Petaluma River and 6'^5treeh- D Street To J Sheet Povemenf Reha6ilitdfion (CBD), • Coulfield:'Fxtensiori - Lakeville to Hopper Street (PCDj. • Petaluma Boulevard =Bike Lones (CBD/PCDj, • Peialumo Ra~Iro6d~Depo1`Renooation (CBD}, • KellerStreet-1Nestern Avenue to B Streehand liberty Street-Washington Street to Wesfi'ern Avenue Reconstruction (CBD}, Trdffic.Signals Upgrades {CBD/PCDJ, • Downtown Improvements Phase 11 {CBDj: ond, WHEREAS, The expenditure pf tax increment funds will benefit the CBD and PCD Project Areas and help•to elirniriote blight~as outlined in the Five Year ImplemeritQtfon Plan adopted by the PCDC In June-2001 and as documented in he'Report to Council on the Plan Amendment aril Fiscdl Merger, accepted by 1,he PCDC in=2006 ("the 2006 Report") becouse the Public lmprov,ements wijl imprbve4roffic circulofion; and, WHEREAS, the intrastruc(ure upgrbdes dnd circulation improvements will dddress roadvvay, slreetscape and'iransporidiion related deficiencies: and. IiEREAS,,(mprovemenls to deficient and inadequate roadwgypndtransportatlan W ,infrastructure in the;ProJecl Areos v~ill alleviate bllghting`conditioh5: including impedrnehts'do circulation ond:pccess Ihatdeter revilaGzofion in certain areas within the Project Areas; and. PCDC'Resotution 2(}07-208 Piige ! WHEREAS, landlocked porcets~ihot ack'direct accessto the public right'of-way will become accessible through the construction of pedestrian ohd vehicular roadways' and, WHEREAS, the Public;lmprovements not only eliminate pfiysfcpl btightfng conditions-but also promote.ecdriomicdevelapmeni opport_unitiesnnd facilitate private investment in fhe CBD and PCD Project Areas ond`are~expected to`encourage btherprivate investment in the area which will lead'to further blightglleviptian; and, WHEREAS; Public improvements in.the CBD pnd PCD Project Areas will cosho total of . ~25,261,OD0, of which $8,608,000 will be spent in Fscal Year 2007/08. and the PCDC will pay for X7,885,000 jhrough tax iricrerneht funds; and, WHEREAS; the PCDC `and City explored potentiaffuhding sources otherthan redevelopment for each project as outfihed ih ChapterlV of the 2t)Q6.Report; and, WHEREAS; anticipated funding sources ihclude $43,000ih'Iroffic lvlitigofion Fees forthe Washington/b'~ f2ehablitofion and a $630;DOO:gront from the Bicycle Transpditalion Account far Petaluma Blvd -Bike !ones in FY 2D07/08; ohd, WHEREAS, use of tax,increment,funding For 1,h,e Public,imp[pvements is consistent with the PCDC Five Yeor Inplemehtation Plan adopted earlier,this year iwhicti specificafly.includes the allocation of tax inerement'funcis for iheseparfiicular Fublic?tmproyements-during the FY2007/OB - FY201 1 / 12 period; and; WHEREAS, the F'CDC desjresto spend fundsfor the~Public Improvements and WHEREAS, irislallotfon of the Public Improvements conforms:with the.General Plan of the City; and, WHEREAS, fhe;PCDC;expenditures Tor the Public Improvementswill assistln the redevelopment of the Project Areas and !tie Pubiie Improvements are necessary to effectuate the purpose of the Redevelopment Plans; and, WHEREAS, pursuant to leollh and Safety Code 5ection'33445, the PCDC may, wish the consent of the City Council; pay part or'all of the cost of the Publicirnprovements upon the adoption of specified findings; NOW,THEREFORE, BElT,RESOLVED by the Petaluma Community Development Commission as follows; The findings siofed herein ore huesond correct and are adopted os the fin8ings of The PCDC. Based upon the foregoing, the PCDC hereby;finds #haf.ji) the expenditure of tpx increment Funds to undertake the public improvements and the project asset forth in This Resolufion and the li7iplementation Pian will be oP benefit .io .the C8D and PCD Project Areas jn) no other reasonable means of financing the pubtic improvements and the project is. reosbnably available; (nt) compiztian of the publicimprovements and jhe project will assist fn the elimination of blighting conditions'in the Project. Areas: and jiV),comPletion of`the public improvements and the project is PCDC Resolution 2DD7-ZOB Page 2 consistent with the Implementoiion Plan odopied for the CBD and PCD Projecl Areos. The PCDC hereb~:outhorizesYhe contribution of $7:BSSM in PCDC tox increment funds for the Public Improvements described herein. ADOPTED this.S~ doy of November. 2007, by the following vote: Commissioner Aye: No Absent Abstain 'Borretf X Frettas X Harris X Vice Chair Nau X O'Brien X Rafibitt X Chair Tor11aN X ATTEST: Claire CooPet. Recording Se ' iary Pa eta To#liott, it APPROVED A3 TO FORM: v-~~ Eric Darily, General Counsel PCDC Reso[ulion 2007-208 Poge 3 Resolution.,No. 2007-192B N:C.S. of the City of Petaluma, California CONSENTING°TO USE OF $7.885'MILLION OF PETALUMA COMMUNITY. .DEVELOPMENT COIVIMISSION'TAX INCREMENT FUNDS FOR PUBLIC' IMPROVEMENTS WITHIN THE CENTRAL BUSINESS DISTRICT AND PETALUMA COMMUNITY"DEVELOPMENT REDEVELOPMENT PROJECT AREAS AND°MAKING FINDINGS REQUIRED BY CALIFORNIA HE4LTH & SAFETY CODE SECTION 33445 WHEREAS, the City Councii of the City of Petaluma (the "City Council") adopted the Redevelopment Plan forthe Ceritral Business District Project Area (the "CBD") in 1976 and the Redevelopment Plan, for the Petaluma Community Development Project Area (the "PCD") in 1988 (the "Redevelopment.Plans").and. fiscally merged the Redevelopment Plans in 2006; and, WHEREAS, the Redevelopment Plans set forth "plans for"redevelopment of the CBD and PCD ProjecfAreas (the,"Project Areas"); and, WHEREAS, tfie Petaluma Community Development Commission (the "PCDC") is responsible for administering the'Redevelopment Plans fo cause the redevelopment of the Project Areas, including installafion of public improvements consistent with the'Redevelopment Plans; and, WHEREAS, it would be beneficial to the alleviation of blight in the Project Areas to make the following public improvements (the "Public Improvements"): • Washington Street.- Howard Street to Petaluma River and 6t"Street - D Street to J Street Pavement:Rehabilitation (CBD), • Caulfield Extension - Lakeville to Hopper Street (PCD), • Petaluma Boulevard -Bike Lanes (CBDlPCD), • Petaluma Rai]road:Depot Renovation (CBD,), • Keller Street;- Western Avenue to B Streetand Liberty Street -Washington Street to Western Avenue Reconstruction (CBD), • Traffc'Signals [Jpgrades (CBD/PCD), • Downtown Improvements Phase II (CBD); and, WHEREAS, the.expenditure of tax increment funds will benefit.the. CBD and PCD Project Areas and help to eliminate blight as outlined in the Five Year Implementation Plan adopted by the PCDC in June 2007-and as documented in the Report'to Council on the Plan Amendment and Fiscal Merger, accepted by,the PCDC in 2006 ("the 2006 Report") because the Public Improvements will improve traffic circulation;. and, WHEREAS, the infrastructure upgrades and "circulation=improvements will address roadway, streetseape and transportation related'deficiencies; and; WHEREAS, improvements to deficient and inadequate:roadway and transportation infrastructure in the Project Areas will alleviate blighting conditions, including impediments to circulation and access that deter revitalization in certain areas within the Project.Areas; and, Resolution No. 2007-19213 N.C.S. Page 1 WHEREAS, landlocked parcels~that lack direct accessao ttie public right=of-way will become accessible through the~coristtuctioh of pedestrian and vehicular roadways; and, WHEREAS; the Public Improvements not only eliminate physical blighting conditions. but also. promote economic deyelopment.opportunities'dnd' facilitate,private .investment in the CBD and FCD Project Areas and.are,expected to encourage other private. investment in the area which will lead fo further blight alleviation; and, . WHEREAS, public improvements in he CBD and PCD Project-:Areas will cost a total of 525;269,000, of which $8',608;000"will be spent in Fiscal Year 2007/08;, and-the PCDC will pay for $7,885,000 through tax increment funds; and, WHEREAS, the PCDC. and.City explored potential funding~sources other than redevelopment for each projecCas outlined,in Chapter IV of the 2Q06.Report; and, WHEREAS,ahticipated funding•sources.include $93;000 in Traffic Mitigation Fees for the Washington/6`h Rehabilitation,and;a $630;000 grant.from .the Bicycle Transportation Account for Petaluma Blvd -Bike Lanes in FY 2007/08; and; WHEREAS; use oftax;increment funding for the PublcImprovements inconsistent with .the PCDC Five Year'Implementation Plan adopted earlier'this year which specifically includes the allocation of taz increment.. funds for these particular Public'Improvements during the FY2007/08 - FY2011/12 period; and, WHEREAS; the. PCDC desires to spend funds for the,:Public Improvements; and, WHEREAS, installation ofthe Public Improvements conforms'with the General Plan of the City; and, WHEREAS, the PCDC expenditures for the Public Improvements will. assist in the redevelopment of the Project Areas,;and the Public Improvements are necessary to effectuate the purpose: of the Redevelopment Plaris; and, WHEREAS, pu;suapt to Health and Safety Code Section 33445, the PCDC may, with the consent of the>City Council, pay part or all of the cost ofthe Public Improvements if the City Council makes certain specified findings; and, NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Petaluma as follows: The findingsatated herein are true and correct and are adopted as the findings of the City Council. 2. Based upon, the foregoing, the City Council of~the City of Petaluma hereby fr-ds that (i) the expenditure of-tax increment funds to undertake,the-public improvements and the project. as set forth in this Resolution and, the .Implementation Plan will be of benefit to the CBD and PCD Project.Area; (ii) no'otherreasonable means of financing the public improvements and the project is reasonably available; (iii) completion of the public improvements and the project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and Resolution No. 2007-192BN.C.S. Yage 2 10 the project is .consistent with the PCDC Implementation Plan adopted for the CBD and'PCD Project Areas. 3.. The City Council of the-City of Petaluma hereby consents to the contribution of $7:885M in PCDC tax increment funds for the Public Improvements described herein. Under the power and authority conferred upoh this Council by+tfte ChBiter;ofsaid City REFERENCE: I hereby certify'the'foregoing ResoWtion warintroduced anil adopted by [he Approved as to Council of the City of Petaluma at a.Regular meeting on the S'" day of November, form: 2007, by the following vote: City Attorney AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbits, Mayor Tbtlialt NOES: ABSENT: ABSTAIN: ATTEST: None Harris None City Cletk ~~/~ `.~ ~,: • i Mayor Resolution No. 2007-1926 N.C.S. Page 3 /4TTACF6nAE6~Y 4 I I , ____ ® C~ C~ f ~~ t ~ ~ ~ MAR 3 I ZOIQ. ~Mareh31.2oP0 ~ 3incc ~ ~ ~ i~i~ PUBLIC WORKS City of Petaluma Attn: Fleming Nguyen 11 English Street Petaluma, CA 94952 Re: The Canfield Lane ExtensiomRailroad At-.Grade Grossing And Hopper Street Glosure;at Lakeville Street Project. Sub; Relief of Bidder 'Dear Mr. Nguyen; On Wednesday, NIarcli'24, 20] Q Ghilotti Construction Company ,(GCC} submitted.a bid proposal onthe above referenced project. Upon`further review of our bid we have discovered.a significant mistake in'our estimate. Accordingly, we-are compelled to askfor relief of..bid from the City of Petaluma per Sec. '1`5 of the Instructiotis to Bidders included irrthe project specfications- We are requesting-reliefbccause ofa~i error made in our bid. The, etrorwas that a cost item remained suspended:--at the'tine of the bid.closing. As a^result when an item is "suspended" in our estimating software the associated cost is notcan•ied throughao otir final bid price. Accordingly, had the cost item been unsuspended our bid~price~would have increased by $1:6;400:00: Specifically,~tlie suspended/affected cost;item was'the;disposal fees associated with liauling the surplus Yoadway,excayation material to a•class.Il landfill as required by the specifications. With'1,64b Sons ofmaterial.beingdisposcd of,at thesclass II landfill.ara rate of $10.00 per'ton equalingthe$1';6,400:00, you can see#liat the omitted costis substantial. Ghilotti Construction Company doesnot liave the ability to~absorb this cost; which is`why we are requesting bid relief. GCC's mistake made~its bid<materially different than it intended. it to be. Further, the mistake was made in filing=out the bid and'not due to errorin judgment•or to carelessness in inspecting the site of the work, or in reading the plans or specifications. if you-have any questiins. or wish to discuss this. matter please contact me at (707} 585-1221. Thant: you in advance for,yourconsideration in this matter: iGhilotti Construction apologizes for any inconvenience tlvsrequest:causes the City. • Sine rel. , Thomas'Smitli Estimating lyIanager -.Engineering Contractor - 246'.GHILOTTI AVENUE • SANTA ROSA, GA 95407.707-585422T• FAX; 907-5$5-0129 STATE CONTRACTORS LICENSE tl5d4515 12