HomeMy WebLinkAboutAgenda Bill 2F 05/17/2010. ~~AL`U~ - - --
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DATE: May 1`7; 2010 ~ w '
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TO: Chair and 1VIerribers :of the Petaluma Community Development Commission
hrough EXCCUtivc Director
FROM: Vincent Marengo, Director of Public Works
SUBJECT:, P.CDC Resolution Approving the: Construction. Budget and Authorizing Award of
Contract for the Caulfiel'd• Lane Extension At=Grade Railroad Crossing Project to
North Bay Construction, Inc, - .,
RECOIVIIVIENDATIONc
It is recommended that the Commission adopt the: attached resolution approving the construction
budget and~authorizing the award of contract.for"the Caulfield.LaneExtension At-Grade
Railroad Crossing.Pro~ect to North Bay Constructon,`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.
Gliilotti Cgristruciion Company $295,,54725
North BayCoristruction, Inc. $302,894.50
Ghilotti Brothers ~ $344,666.00
Team Ghilofti, Inc. $392,471.00
The engneer'`s estimate for construction is $506,000.
The apparent low bidder, ,Ghilotti 'Construction Company,. has requested. withdrawal of their bid,
due to an error. With a bid of $302,894.5.0; the apparent second low bidder is North Bay
Construction, Inc., who have completed'many projects for the City of:Petaluma. Staff verified
that North Bay Construction possesses a valid class A contractor's license No. 357560, which
,~
Agenda. Revie~
Dept. Director City Attorney.. Finance Director~~ City Manager
qualifies them to perform the work. Staffrecommends 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.
FINANCIAI~ .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 portion. of a complex interagency agreement to improve safety for
all modes of traffic at this railroad'crossing. Trackand 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 al 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:
Constructon.Contract (low bid)
Construction Management & Inspection
Geotechnical Testing
Contingency
CIP Overhead
$302,894.50
$60,000.00
$10,000.00
$75,000.00
$10,750.00
TOTAL: $458.644.50
A larger than typical I S% of bid amount is being requested for construction contingency, due to
the complexity of interagency requirements, the known soil contamination, and the excessively
low bid. All unused project budget, including contingency, will' be returned to the funding
source upon final completion of the project. Funding has been approved through prior action by
PCDC.
ATTACHMENTS.
1. PCDC resolution approving.the project budget and authorizing award of contract
2. Location map
3. PCDC resolution 2007-20B adopting Endings for expenditure oftax increment funds for the project;
and. City resolution 2007- Y92B consenting to -use of funds
4. 4.'Bid withdrawal request from the low .bidder
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ATTd4CME~'T' 1
1ZESOLUTION APPROVING THE' CONSTRUCTION BJ1)GET' .AND
.AUTHORIZING THE., AWARD OF CONTRACT FOR THE
CA'U$.FIE'LD LANE EXTENSION AT-GRADE RAILROAD CROSSING
'PROJECT TO NORT>EI BAY CONSTRUCTION, INC.
WI=IEREAS, 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 City 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, 20;1.0., and four (4) bids were received and opened
in accordance with applicable law; 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 five 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
WHEREAS, 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's License, Class A, number 3575b0, that qualifies North Bay to perform the Project;
and .
WHEREAS, environmental .impacts of the 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
Sped c Plan ("CPSP") certified by the City of Petaluma prior to adoption of the CPSP (SCH
#2002-112=03'9) ("FEIR"); and
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WI-IEREAS, on February 16, 2006, the PUC issued its Opinion Conditionally Granting
Application 04=06-03.0 ("2006 Opinion"), which conditionally approved relocation of the
crossing. and- determined that the City's prior environmental review was adequate to support the
PUC conditional approval; and
WI~EREAS; gat°sueh 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'HEREFORE, BE L'T RES®LVEI) 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 Caulf eld 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 Railroad 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 bid
documents.
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LOCATION MAP
SCALE: N. 7.5.
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A°TTAC~IME~7' 3
PETACUMA COMMUNITY' DEVELOPMEfVT'GOfV1MISSION
RESOLUTION ,NO.2007,206
RESOlUT10N.OF THE PETALUINA COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING
USE-0F$7:8851ULICUON OF-PETAtUMA,COIVIMUNITY DEVELOPMENT COAAM15510N TAX
7NEREMENTFUNDS FOR PUBlIC;IfNPROUENIENTS"WITHIN THE CENTRA'l;SUSINE55 DISTRICT
AND PETALUNt'A COMMUNITY ~DEVECOPNIENT'REDEVElOPMENi I'ROilECT AREAS AND
MAKING FINDINGS REQUIRED BY~CALIFORNtA HEALTH 8 SAFETY CODE SECTION 33445
'WHEREAS, fhe.City Council;of the:Cily of Petaluma (the"'City Council") adopledthe
RedevelopmenYPlon (or the Central!'Business;DistricYProject Area (the "CBD") in 1976^ond the
Redevelopment Plan torthe Petaluma Community Developmerit,Prnjacj Areo (the "PCD") in
F988 (the "RedevelopmentsPlans"J and 6scolly'merged°the Redevelopment Plans irn20Dbt and,
' WHEREAS,'the'Redevelopment,, Piansset<lorfh pldnsdforredevelopment of the CBD and
PCD Project Areas (the "-Project Areas"); dnd;
WHEREAS; the`Fetaluma Community Development Commissipn (the "PCDC") is
responsible tor'administeringthe Rede4elopment Plans<td cause•ffe.redevelopment otthe
Project Areas. including Installation pf public improvements consistent v~i1h the:Redevelopment
Pions`and,
WHEREAS, it would be:benefciolto itiecalleGiation of blight in fhe Project Areas fo make
ihe'follavring publicimprbverimenis (the "Public Improvements"}:
= WoshinglonStieei - Hdvrard Street to Petaluma River and b'h Street-D Street to J Street
Pavement±Reha6iliiotion (CBD}, '
• Coulf'ield Extension =-Lakeville to Hopper Street' (PCD);
• Pefolumd Boulevard -Bike Lanes (C8D/PCD)_, .
• Peigluma Railroad Depot Renovation'(CBD),
• Keller Street-:Western Avenue to B Streef.and Liberty Street-Washington Street to
Western Avenue Reconsituction (CBD). .
> Trpffie.5ignois;Upgrades'{CBD/PCD),
• Downtown Improvements Phase II (CBD);•ancJ,
'WHEREAS, The expendture of taxincrement funds will benefit the CBD and PCD Project
Areasand help fo ellminofe blightas ouBined inahe Five Year Implementation Pian adopted.by
fhe PCDC In June,2007~,and as documented'in-the Report to'Council:on the Plan Amendment
pnd Fiscalivlerger; accepted by the PCDC in:200b ("the 20gb Reporf!S) because the Public
Improvements wileiroprove trafficcirculation; and,
WHEREAS.ahe infrasiructu~e upgrades and ciroulation improvements will address
roadway, streefscape ond:Vonsporfallon related deficiencies; omd,
WHEREAS, improvernenis to deficient and ingdequate;roadway and frpnsparta,tfon.
infrastructure~in the Project.Areas wilLdlleviate blightinj3 conditions..including'impedments to.
circulation and access Ihat deter revilaGzafion in certoin,arepswithin the Project Areas; and,
PCDC Resolution 2007-208. Page l
WHEREAS, landlocked parcels°lhot IQCk;direcf access to the publicrighl-of-way will
become accessible through the constructioh of pedestrian,and!vehicularroodways' and,
WHEREAS, the Public mprovements not only eliminate pfiysicai'bfightfng conditions but
also prombte ecdnomic developmeriCopport'unities'dhd focilitale private investment in the CBD
and PCD Project Areas ond ore expected7o encourage other private investment in the area
which wiii,ledd to Further blight dlleviotion; drid,
WHEREAS,,public improvemehis in,the CB_ D dhd PCD Project Areos will cost o totol of .
$25,261.,000, of which`$8,608,000 will be spent in Fscal Year 2007%08. and ahe PCDC wBl pay for
~7885;OD0 through tax increment funds: and,
WHEREAS, the PCpE ahel;Cily;explored pdtenfidl fundingsources otherthan
redeyelopinehY foreach project os outlined in Chapter IV of the 2006 ReporF ond,
WHEREAS; anticippted funding sources;inciude $43:000_inTraffica/<itigofion Fees forthe
Woshington/b'~ Rehablijation orid:a $630:000'gront from Fhe Bicycle`Trarispoitafion Account for
Petaluma Blvd,- Bike lanes in fY 200Z/08: and,
WHEREAS; use of tdx?incren~ent~funding for ihe'P.ublic Improvements is consistent with the
PCDG Five Yeorlmplementa)ion Plpri adopted earlier this year;whichspecificaUy.inciueles the ,
dllpci5tjon of tax incremeht funds For these Particular P,ublic:9mprovemerits during the FY2007/OB
- FY2011 J12 period;~gnd:
WHEREAS, the eCpC desires to spend fundsfor the Publjc Improvements: ond
WHEREAS, irisiollotion of the Public Improvemehts;aonfonnswtth the General Plan of the
City; ond,
WHEREAS, the;PCDC'expendituresior the Public Improvements~wiil assist.in the
redeyelopmentofth.e Project Areas and the Public Improvements+are necessary to effectuate'
the purpose of the Redevelopmeht Plans; and,
WHEREAS; Pursuant to tiealfh-and"Safety Code Section;33445, the PCDC may, wish the
consent of the City Council„pay part or'all of the cost of the Putlfc9mpbvements upon the
adoption of specified findings:
NOW, THEREFORE, BE IL:RESOLVED by the Petaluma Communijy'Development Commission
as tOIlOWS;
Ttie findings slated hereirrore true:ond~correct and are adopted os the
findings of the PCDC.
Based upon;the foregoing, the PCDG hereby'fihds thot'ji) the expenditure
of tax increment funds to undertake the ,Public improvements ond the
protect. as set forth in` this Resolution and the irripiemenfotion Plan wit! be
of benefit .to the CBD and PGD Project Areas: {u) no other reasonable
means of financing the public improvements and the project is.
reasonpbly available: (n~) completion of fhe public,improYements and the
project wilt assist ih the'elimiriotion of biightirig conditibris'in the Project
Areas; and {iv) completion of'ihepublic improvements and the projectis
PCDCResolution 2DD7-206 Poge 2
consistent with the Implementoiion Plan odopfed For the CBD and PCD
Project A~eos.
Fhe PCDC hereb~outhorizes the conttibulion of'$7.885M in PCDC tox
increment Funds for the Public Improvements described herein:
ADOPTED this 5~h day oF,November, 2007, by the following vote:
Commissioner Aye No Absenk Abstain
ean`ett; X
Freftas X
ligrris X
Vice Gha[ Nau X
O'Brien X
Rabbitt X
Chair.Todiatt X
ATTEST:
~-
Gii~ire Cooper, Recording Se tary
Pa elo Torlioit, it
APPROVED A5 TO FORM:
v-~~
Ericbarily. General Counsel
PCDC Resolution 20D7-20B Page 3
ResolutionNo. 2007=192-B N:C.S.
of the City of Petaluma, California
CONSENTING TO USE OF $7:885 MILLION OF PET.ALUMA COMMUNITY.
DEVELOPMENT COMIVHSSION TAX INCREMENT FUNDS
FOR.PUBLIG IMPROVEIVIENTS'WITNIN THE' CENTRAL: BUSINESS DISTRICT
AND PETALUMA COMMUNITY DEVELOPMENT REDEVELOPMENT PROJECT
AREAS AND MAKING FINDINGS REQUHtED BY
CALIFORNIA HEALTH & SAFETY CODE SECTION 33445
WHEREAS, the City Council ofthe:City of Petaluma (the "City Counci]") adopted the
Rede~~elopmenf.Plan for the Centra] 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 Project Areas (the "Project Areas"}; and,
WHEREAS„the Petaluma Community.Development:Commission (the "PCDC") is
responsible for administeringithe'Redevelopment:Plans to cause the redevelopment of the Project
Areas; including installation. of public improvements consistent with the Redevelopment Plans;
and,
WHEREAS, it would be beneficial tathe alleviatiom.of blight in the Project Areas to
make the followingpublicirnprovements (the "Public Improvements"):
• Washington_ Street -Howard Street to Petaluma River and 6`s Street - D Street to J
Street Pavement Rehabilitation (CBD),
• Caulfield Extension -Lakeville io Hopper Street.(PCD),
• Petaluma Boulevard -Bike Lanes (CBD7PCD),
• Petaluma Railroad'Depot.Renovation (CBD);.
• Keller Street- Western Avenue to-B Street and Liberty Street- Washington Street to
Western Avenue Reconstruction (CBD),
• Traffic.Signals Upgrades (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 elimiriate blight as outlined in the Five Yearlmplementation Plan adopted by
the PCDC in June 2002 and as documented in the Report'to Council on the Plan Amendment and
Fiscal 1Vlerger, accepfed by the PCDC in 2006 ("[he 2006 Report") because the Public
Improvements will improve. traffic circulation;. and,
WHEREAS,,.the'infrastructureupgrades and circulation,improvemerits will address
roadway, st'reetscape 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. 2007-1926 N.C.S.
Page 1
9
WHEREAS, landlocked parcels that, lack direct•access to tfie ptiblic right=of-way will
become:accessible through the construction of pedestrian and vehicular:roadways; and,
`WHEREAS, the Public Improvementsnot only eliminate physical blighting conditions
'but also promofe economic development opportunities and facilitate.private investment'inthe
CBD'and PCD Project Areas and are expected to encourage other private investment in the area
which will lead to further blight alleviation; and,
WHEREAS, public.improvements in the CBD and-PCD Project Areas will cost a total of
$25;261,OOQ, of which $8;608,000'will'be-spent in Fiscal Year2007/08; and the PCDC will pay
for $7,885;000 throrigh tax increment funds; and,
WHEREAS, the. PCDC and.City explored potential funding sources other than
redevelopment for each project as outlined in Chapter IV of the 2006 Report; and,
WHEREAS, anticipated funding sources include $93,OQ0 in Traffic Mitigation'Fees for
the Washingfon/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 of tax increment funding~for the Public Improvements is consistent
with the PCDC Fixe-.Year Implementation Plan adopted earlier this'year ;which specifically
includes the;allocation oftax increment funds for these particular Public Improvements during
the FY2007/08 - FY2011/12 period; and,
'WHEREAS, the PCDC desires to-spend fundsforthe Public Improvements; and,
WHEREAS, installation of the Public Improvements conforms with the General Plan of
the City; arid,
VYHEREAS, the PCDC expenditures for the Public Improvements will assist in the
redevelopment of'the P-roject Areas and the Public Improvements are necessary to effectuate the
purpose: of the Redevelopment Plans; and,
WHEREAS, pursuant to Health and Safety Code Section 33445; the_ PCDC may, with
the consent of the CityCouncil, pay.part or-all of the cost ofthe Public'Improvements if the City
Council makes certain specified findings; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
The findings stated 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 finds that
(.i) tfie expenditure of tax increment funds to undertake.fhe public improvements and
the ,project as set forth in this Resolution and the Implementation.. Plan will be of
beneft-to the CBD and PCDProject Area; (ii) no other reasonable means of financing
the public improvements and the project is reasonably avai]_able; (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-.1928 N.C:S.
Page 2
10
the project is, consistent with the PCDC Implementation Plan adopted for the CBD
and PCD:P>•oject,Areas.
3.: The City Council of the. City of Petaluma hereby consents to the contribution of
$7.885M irr PCDC tax increment funds for the Public Improvements described
herein.
Under the power and authority conferred upon [his Council bythe Chaiter:of said City.
REFERENCE:
AYES:.
NOES:
ABSENT:
ABSTAIN:
ATTEST
l hereby certify theforegoing Resolution was introduced and adopted.by the Approved as to
CounciLo(the City of Petaluma at a Regular meeting on the 5'" day of November, form;
2007, by the following vote:
City AC[omey
Barrett, Freitas, Yice Mayor Nau, O'Brien, Rabbits, Mayo? Torliatt
None
Harris
None
City Cli:"rk
Resolution No. 2007-1928 N.C.S.
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Mayor
Page 3
11
ATT~CHM~NT 4
March 31.2010
City of Petahima.
Attn: ~Fl'emiug.Nguyen
11 'English-Street
Petaluma, CA 94952
I I
Since ~ .1914
Re: The Caufiel8 Lane`Extension Railroad At-.Grade Crossing
,And Hopper Street'Closurerat Lakeville,Street Project
Sib:;Relief of Bidder
Dear Mr: Nguyen;
D CMG d1~
MAR 3 12010.:
FllBLIG WORfCS
On Wednesday, Maicl~24, 2010 Ghilotti QonstructionCompany (GCC) subnsitted,a bid proposal
on the above.referenced ro'ect. U on further review of our bid we have discovered a significant
P J P_
mistake in our estimate. Accordingly, we~are compelled,to•ask for relief of bid fromtlle City of
Petaluma per Sec. 35 of the Instructions to Bidders included in the project specifications.
We are requesting!reliefberause of all error made ii1 our bid. The. en-orwas that a cost item
remained uspended. at ther;time ofthe bid,closing. As a'result;>when an item is "suspended" in
our estimating software the associated cost is not carried through to oi~r-final bid price.
Accordingly, had the cost item been'unsuspetided our'bid price would have increased by
$16;4:00.00:: Specifically, the "suspended /affected cost,tem was'the disposal fees associated with
hauling the surplus roadway,excayafion material to a class II landf 11 as,required by the
specifications. With 1,640 tons ofmateriaLbeing disposed ofat t1le~class II landfill.at a rate of
~$10.OO~per ton'equaling;thes$16,400;00, you can see tliatthe=omitted cost.is substantial. Ghilotti
Construction Company does not have the ability to absorb this cost, which i why we are
requesting bid relief.
GCC's mistalte'made its bid',materially different than.it intended it to be. Further, the mistake
wasimade in filing~out the bid•and not due to error in judgineiit or to carelessness in inspecting
the site of the work,:or inreading the plans or specifications.
If you have any questions or wish to discuss this,matter please contact me at (707) 585-1221.
Thanl: you in advance for. your: consideration in this inarier. Ghilotti' Construction apologizes for
any inconvenience t1vs-:requesY:causes the City.,
~Siiic rel. ;
Thomas ;Smith
Estim5ting Manager
- Engineering Contractor -
246 GHILOTTLAVENUE •SANTA'ROSA, CA`95407 ~ 707-585-1.221 •FAX:-707.585-0129
STATE CONTRACTORS LICENSE tl6J4515
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