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Home My WebLink AboutPCDC Resolution 2003-15 12/01/2003 ES®LUTI®IV 2003-15 PETALUMA COMMUNITY DEVELOPMENT COMMISSION PRESENTATION AND RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CSW/STUBER-STROEH ENGINEERING GROUP, INC., APPROVING THE PROJECT BUDGET, AND AWARDING THE CONTRACT FOR THE WATER STREET/RIVERWALK IMPROVEMENTS, PHASE 1 -UTILITY UNDERGROUNDING PROJECT 9891 WHEREAS, on June 16, 2003, the Petaluma Community Development Commission ("PCDC") held a public hearing and adopted the FY 2003-04 PCDC Budget for the period July 1, 2003 to June 30, 2004; and, WHEREAS, the PCDC finds that the transactions authorized in this resolution are consistent with and effectuate the purposes of California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and, WHEREAS, SPARC has approved the Water Street At Grade Improvement Plan for improvements consistent with the historic character of the district; and, WHEREAS, the Fire Department and Water Resources and Conservation Department desire to provide the infrastructure to support fire sprinkler systems in the historic downtown area and replace failing water and sewer line facilities; and, WHEREAS, the PCDC has an interest in expediting the construction of the Water Street/Riverwalk Improvements Phase 1 -Utility Undergrounding account 901-400-9891 ("Project"); and, WHEREAS, the PCDC finds that the Project is mutually beneficial to the PCD project area; and, WHEREAS, PCDC staff have worked diligently with CSW/Stuber-Stroeh Engineering and ZAC Landscape Architecture to design and prepare construction bid documents and advertise for construction of this Project; and, WHEREAS, PCDC staff solicited bids for the Project in accordance with the California Public Contract Code and other applicable law; and, WHEREAS, the PCDC received five (5) bids for the Project; and, WHEREAS, the bids were opened on October 29, 2003, and ranged from $865, 364 to $1,568,000 for the Project; and, PCDC Resolution 2003-15 Page 1 WHEREAS, the bid invitation for the Project specified that the low bidder would be determined based on the amounts bid for the Project; and, WHEREAS, North Bay Construction, Inc., submitted the low bid for the Project in the amount of $865,364; and, WHEREAS, Ghilotti Bros., Inc., submitted the second low bid for the Project in the amount of $981,895; and, WHEREAS, Ghilotti Bros., Inc., the second low bidder, filed a protest concerning award of the project, received November 3, 2003, at 8:26 a.m.; and, WHEREAS, counsel for Ghilotti Bros., Inc., filed a second protest concerning the award of the project, received November 5, 2003, at 6:18 p.m.; and, WHEREAS, counsel for Northbay Corporation, Inc., submitted correspondence concerning the Ghilotti Bros., Inc. protests, received November 12, 2003; and, WHEREAS, staff have given Northbay Construction, Inc., the low bidder, written notice and opportunity to submit materials concerning the responsiveness of the Northbay Construction, Inc., bid, in accordance with the requirements of Ghilotti Construction Co. v. Richmond (1996) 45 Cal. App. 4'h 897; and, WHEREAS, the Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Article 19, Section 15301 of Title 14 of the California Code of Regulations ("CEQA Guidelines"), because the Project involves minor alteration of existing public structures such as: investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and similar facilities; and restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; or minor alteration of topographical features involving negligible or no expansion of use beyond that existing at the time of the PCDC's determination; and, WHEREAS, the Project is exempt from CEQA pursuant to .Article 19, Section 15302 of the CEQA Guidelines because the Project consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including, but not limited to: replacement or reconstruction of existing utility systems and/or facilities involving negligible or not expansion of capacity; and conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines, where the surface is restored to the condition existing prior to the undergrounding; and, WHEREAS, the Project is exempt from CEQA. pursuant to Article 19, Section 15304 of the CEQA Guidelines because the project consists of minor alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, PCDC Resolution 2003-15 Page 2 mature, scenic trees including, but not limited to: new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping or creation of bicycle lanes on existing rights of way. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: 1. Declares the above recitals to be true and correct and to be findings of the Petaluma Community Development Commission. 2. Approves the Plans and Specifications prepared by CSW/Stuber-Stroeh Engineering Group, Inc., for the Water Street/Riverwalk Improvements Phase 1 -Utility Undergrounding Project No. 9891 ("Project"), account 901- 400-9891. 3. Approves the Project Budget per Attachment A, which is attached to and made part of this resolution. 4. Waives, pursuant to applicable law, any and all non-confomities in the bid for the Project submitted by North Bay Construction, Inc. 5. Rejects the protest submitted by Ghilotti Bros., Inc., concerning award of the Project. 6. Awards the Contract for the Project to North Bay Construction, Inc., in the amount of $865,364, in accordance with California Public Contract Code Section 20688.2 and other applicable law, conditioned upon timely submission by North Bay Construction, Inc., of the executed 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. 7. Directs the PCDC staff to issue a Notice of Award to North Bay Construction, Inc. 8. Authorizes and directs the PCDC Executive Director to sign the Project contract on behalf of the PCDC upon timely submission by North Bay Construction, Inc., of the executed 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. Adopted this 1St day of December, 2003, by the following vote: Commissioner Aye No Absent Canevaro X Chair Glass X Harris X Healy X Vice Chair Moynihan X O'Brien X Torliatt X PCDC Resolution 2003-15 Page 3 ~ _ David Glass, Chair ~ ; ATTEST: - Gayle Pe rsen, Recording Secretary APPROVED AS TO FORM: r' Ric . rd R. Rudnansky, G n ral Counsel PCDC Resolution 2003-15 Page 4