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HomeMy WebLinkAboutPCDC Resolution 2007-18 11/05/2007RESOLUTION NO. 2007-18 PET~4LUMA COIVINIUNITY DEVELOP~AENT C011AMISSION APPROVING THE PROJECT BUDGET AND AUTHORIZING AWARD OF CONTRACT FOR THE PETALUMA `D' STREET BRIDGE REHABILITATION PROJECT NO. C201204, AUTHORIZING THE USE OF $1,040,000 IN PETALUMA COMMUNITY DEVELOPMENT TAX INCREMENT FUNDS FOR SAID PROJECT AND MAKING FINDINGS REQUIRED BY HEALTH 8~ SAFETY CODE SECTION 33445 WHEREAS, the Petaluma Community Development Commission ("PCDC") staff has worked diligently with URS Corporation to complete the Caltrans Approval Process, prepare construction bid documents, and advertise for construction of this Project; and, WHEREAS, in accordance with 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 October 17, 2007, and three (3) bids were received and opened in accordance with applicable law; and, WHEREAS, the lowest bid for the Project was from Valentine Corporation for $1,626,369.00; and, WHEREAS, staff has determined that Valentine Corporation's bid satisfies the bidding requirements for the Project, subject to Caltrdns concurrence; and, WHEREAS, Golden State Bridge, Inc. has protested the bid on the basis that low bidder did not meet Buy American requirements; and, WHEREAS, staff has confirmed that low bidder, Valentine Corporation is in compliance with contract specifications, and recommends rejecting protest; and, WHEREAS, staff has verified that Valentine Corporation possesses a valid California Contractor's License, Class A, number 229225 that qualifies Valentine Corporation to perform the Project; and, WHEREAS, the City Council of the City of Petaluma adopted the Redevelopment Plan for the Central Business District Project Area (CBD) in 1976 and the Redevelopment Plan for the Petaluma Community Development Project Area (PCD) in 1988 ("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 ("Project Areas"); and, WHEREAS, the Petaluma Community Development Commission (PCDC) is responsible for administering the Redevelopment Plans to cause the redevelopment of the Project Areas, including installation of public improvements consistent with the Redevelopment Plans; and, PCDC Resolution 2007-18 Page 1 WHEREAS, it would be beneficial to the alleviation of blight in the Project Areas to make the following public improvements ("Public Improvements"): `D' Street Bridge Project, including upgrade of the trunnion bearing assembly and other safety improvements to the traffic gate, lighting systems and pedestrian walkway; and, WHEREAS, the expenditure of tax increment funds will benefit the 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 ("2006 Report") because the Public Improvements will upgrade infrastructure to address transportation related deficiencies; remove impediments to circulation and access that deter circulation and access in the Project Area; and address additional roadway and transportation deficiencies; and are therefore of benefit to the Project Area and the immediate neighborhood in which the Project Area is located; and, WHEREAS, the `D' Street Bridge is essential to maintaining traffic circulation in the `D' Street corridor; and, WHEREAS, the Public Improvements not only eliminate physical blighting conditions but also promote economic development opportunities, and facilitate private investment in the CBD and PCD Project Areas by encouraging other private investment in the area, thereby leading to further blight alleviation; 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 for the Public Improvements include $2,436,368.00 of Federal HBRR funding, which will pay a portion of the total Project cost of $3,032,000.00, and PCDC and City staff are aware of no other source of funds reasonably available to pay the remainder of the cost of the Public Improvements, other than City general fund revenues which are committed for the provision of essential services; and, WHEREAS, use of tax increment funding for the Public Improvements is consistent with the PCDC Five Year Implementation Plan adopted earlier this year, which specifically includes the allocation of tax increment funds for these particular Public Improvements during the FY2007/08 - FY201 1 /12 period; and, WHEREAS, installation of the 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 Plans; and, WHEREAS, pursuant to Health and Safety Code Section 33445, the PCDC may, with the consent of the City Council, pay part or all of the cost of the Public Improvements if the City Council makes certain specified findings; and, WHEREAS, the Project has a Categorical Exemption pursuant to the California Environmental Quality Act ("CEQA") pursuant to Article 19, Section 15301, of Title 14 of the California Code of Regulations ("CEQA Guidelines"); and, PCDC Resolution 2007-18 Page 2 WHEREAS, the Federal Highway Administration approved a Categorical Exclusion, thus completing the National Environmental Policy Act requirements; and. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Petaluma and the PCDC hereby: Adopts the findings stated herein as true and correct and adopted as the findings of the PCDC. 2. Rejects the bid protest by Golden State Bridge, Inc. 3. Approves the Project Budget in the amount of $3,032,000.00. 4. Approves the Construction Contract in the amount of $1,626,369.00, with a potential contract incentive for early completion of $50,000.00, and a Construction Contingency of $244,000.00. 5. In accordance with California Public Contact Code Section 20688.2 and other applicable law,.waives any and all non-conformance in the bid of Valentine Corporation for the Petaluma 'D' Street Bridge Rehabilitation Project, and finds the bid of $1,626,369.00 to be the lowest, responsible bid. 6. Awards the contract for the Petaluma 'D' Street Bridge Rehabilitation Project to Valentine Corporation, in the amount of $1,626,369.00, the amount of the lowest responsible bid, conditioned on Valentine Corporation's 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. Directs staff to issue a notice of award to Valentine Corporation.. 8. Authorizes and directs the Executive Director to execute the Project Contract on behalf of the PCDC upon timely submission by Valentine Corporation 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. 9. Finds 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 Areas; (ii) no other reasonable 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 the Project is consistent with the Implementation Plan adopted for the CBD and PCD Project Areas. 10. Authorizes the contribution of $1,040,000.00 in PCDC tax increment funds for the Public Improvements described herein. ADOPTED this 5th day of November, 2007, by the following vote: PCDC Resolution 2007-18 Page 3 Commissioner Aye No Absent Abstain Barrett X Freitas X Harris X Vice Chair Nau X O'Brien X Rabbitt X Chair Torliatt X ATTEST: Claire Cooper, Recording Se Lary APPROVED AS TO FORM: '~'r~~J Eric Danly, General Counsel PCDC Resolution 2007-18 Page 4