2006-05-03 Special CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
WEDNESDAY- -MAY 3, 2006- -6:29 P.M.
Mayor Johnson convened the Special Meeting at 6:46 p.m.
Councilmember Matarrese led the Pledge of Allegiance.
Roll Call - Present: Councilmembers deHaan, Gilmore, Matarrese
and Mayor Johnson - 4.
Absent: Councilmember Daysog - 1.
enda Item
(06 -246) Recommendation to reject the bid, adopt Amended Plans and
Specifications in accordance with amended CalTrans requirements,
and authorize second call for bids on an expedited basis for the
Fernside Pedestrian Access Improvements near Lincoln Middle School
(Safe Routes to School), No. P.W. 11- 02 -15.
The Public Works Director gave a brief presentation explaining the
project must be re -bid because CalTrans adopted a new Disadvantaged
Business Enterprise (DBE) program.
Mayor Johnson stated that she is disappointed with what CalTrans
has done; the City has been caught in the middle; going out to bid
again costs the City and contractors; CalTrans should have given
notice or a grace period; the City is stuck and has to re -bid;
suggested the City Manager be directed to send a letter to CalTrans
expressing the Council's thoughts and requesting consideration if
there are similar changes in the future.
Councilmember Matarrese inquired whether CalTrans provided written
authorization to go forward with the plans and specifications when
the project went to bid.
The Public Works Director responded the City has an E76 which
authorizes the City to bid; the fine print on the form allows
CalTrans to make last minute changes.
Councilmember Matarrese requested staff to review whether the form
requires CalTrans to notify the City of changes; stated the City
should build a case and demand the [cost] difference; the bid
numbers are now public; CalTrans is costing the City money; the
City should be made whole if CalTrans is obligated to inform the
City of changes; the City should present Cal Trans with a bill
rather than expressing disappointment.
The Public Works Director stated the City's DBE consultant
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indicated that approximately 100 cities are in the same position as
the City of Alameda.
Mayor Johnson stated the requirements should not change for bids
that have already gone out.
The Public Works Director stated staff tried to reason with
CalTrans; an April 14 e -mail stated CalTrans was considering the
[DBE program] change, but instructed the City not to use sample
boiler plate language provided; CalTrans implied there would be a
grace period; finding out about the change yesterday was a shock.
Councilmember Matarrese requested that the documentation be
provided to the City Manager to start building the City's case.
Vice Mayor Gilmore stated there is nothing to prevent CalTrans from
changing regulations again; the letter should explain the position
the City was put in by CalTrans and put CalTrans on notice that the
City would like accommodations and a grace period in the future.
Councilmember deHaan stated there could be costs involved with the
delay in the project or a cost differential in bids; there is an
unfair advantage.
Mayor Johnson stated contractors put together bids in good faith;
CalTrans causing the City to reject bids is unfortunate for the
City and the contractors.
Councilmember deHaan moved approval of the staff recommendation
with the direction that the City go forward with a strong rebuttal.
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Daysog - 1.1
AdIournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 6:58 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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May 3, 2006