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HomeMy WebLinkAboutAgenda Bill 3C 12/07/2009 CITY OF PETALUMA, CALIFORNIA ~o~ AGENDA SILL ®ecennber 7, 2009 Agenda Title: Meeting Date: Dec. 7, 2009 Resolution;Accepting Completion of the Construction Contract for the Shollenberger Dredge Materials Removal and Disposal Project. Meeting Time: 7:00 PM Category: ^ Presentation ^ Appointments ®Consent ^ Public Hearing ^ Unfinished Business ^ New Business Department: Directo - Contact Person: Phone Number: Public Works Vincen M engo Larry Zimmer 776-3674 Total Cost of Proposal or Project: Name of Fund: $447,575.93 FEMA Funds FEMA & State OES and Public Works Grants $189,191.97 State OES Funds $636,767.90 Total Project Number: F00334806 & F00380306 Current Fund Balances: Amount Budgeted: $1,016,497 FEMA/OES $375,77,9 Public Works Grants (to be reimbursed) $594,894 Recommendation: It is recommended that the City.Council take the following action: Adopt a resolution accepting completion of the construction contract for the Shollenberger Dredge Materials Removal and Disposal Project. . 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ^ First reading of Ordinance approved without unanimous voter Ordinance has been published/posted prior to second reading; see Attachment 3. ^ Other action requiring special notice:• Notice has been given, see Attachment .Summary Statement: Evans Brothers Inc. (EBI) has completed the construction contract for the Shollenberger Dredge Materials Removal and Disposal Project for ari amount of'$636,767.90. Acceptance of this project is recommended. Attachments to Agenda Packet Item: 1. Resolution 2. Project Location'Map Reviewed b Finance. Director: Reviewed by City Attorney: A roved ~.G' Mana er: at ~ / ~ '~ Date: Date: /Z - -~ Rev. #~ ~ ~ Date Last Revised: File: G:\Public Works\FEMA-OESU FE1vIAProjects\PW's 3348 & 3803 Shollenberger Debris Removal\Construcfion\30 Agenda Bills\accept com letion CITY OF PETALUIVIA, CALIFORNIA DECEMBER 7, 2009 AGENDA REPORT FOR 12ESOLUTION ACCEPTING COMPLETION OF THE. CONSTRUCTION CONTRACT FOR THE SHOLLENBERGER DREDGE 1VIATERIALS REIVIOVAL AND DISPOSAL PROJECT 1. RECOMMENDATION: Adopt a resolution accepting completion of the construction contract for the Shollenberger Dredge Materials Removal and Disposal Project. 2. BACKGROUND' During the storm events of December .17, 2005 to January 3, 2006, record-setting heavy rains resulted in prolonged surface runoff, flooding, and high river levels, causing material to be deposited in the Petaluma River. This material was dredged and placed in the Shollenberger dredging disposal site. This project involved removing said dredge material and disposing it at approved landfills. Through a design consultant, Department of Public Works staff prepared plans and specifications for this project. Bids were received on July 9, 2009 and City Council awarded the construction contract to Evans Brothers Inc. (EBI) on August 3, 2009. EBI has satisfactorily completed the work. Per contract requirements, the retention will be released sixty days after Council acceptance of the project. 3. DlscussloN: Staff recommends accepting completion of the .construction contract, since the contractor has fulfilled all contract requirements. Approval of this resolution will assure release of retention to the contractor.. 4. FINANCIAL IMPACTS: The estimated construction contract cost, including change orders and under-runs, is $636,767.90. FEMA and State OES will. reimburse the City 75% and 25% of the construction cost, respectively. The contractor has stated his intent to file a claim for approximately $75,000 for additional disposal costs. Staff does not believe the request for additional compensation is justified and has denied the request. 2 G:U'ublic Works\FEMA-OESU FEMA Projects\}'W's 3348 & 3803 Shollenberger llebris Kemoval\Construction\30 Agenda Billslacce}tt completion of construction contract.doc ATT~4CHMERdT 1 RESOLUTION ACCEPTING COMPLETION OF THE CONSTRUCTION CONTRACT FOR SHOLLENBERGER DREDGED MATERIALS REMOVAL AND DISPOSAL PROJECT W>FIEREAS, in accordance with Section 68 of Article X of the City .of Petaluma Charter, Section 20162 of the California Public Contract Code and other applicable law, the City of Petaluma solicited bids for the Shollenberger Dredge Materials Removal and Disposal Project ("Project"); and WHEREAS, bids for the Project were opened on July 9, 2009 in accordance with California Public Contract Code Section 4104.5 and other applicable law; and WHEREAS, the apparent low bid for the Project was the bid of Evans Brothers Inc. (EBI) in the amount of $706,497; and WHEREAS, by Resolution No. 2009-124, adopted on August 3, 2009, the City Council of the City of Petaluma found the bid of $706,497 for the Project to be the lowest responsive bid and awarded the Project to EBI in the amount of $706,497 conditioned on EBI's timely executing the Project contract and submitting all required documents, and authorized and directed the City Manager to sign the Project contract on behalf of the City, upon such timely submission, and to execute on behalf of the City any change orders and other amendments to the Project contract that are necessary to effectively complete the project and/or to realize the Project and/or cost benefits for the City so long as such change orders or amendments do not result in an increase in excess of $150,000; and WHEREAS, the following contract change order (CCO) affecting the Project amount has been approved: Change. Order Number Description Amount CCO#1 Compensation for additional trucking cost (longer hauling time) due to the unforeseen County closure of Lakeville Highway $15,222.90 Total Change Order: $15,222.90 and WHEREAS, the,final contract amount, as amended, including all change orders, is $636,767.90; and WHEREAS, City staff have inspected the Project and determined that it has been completed in accordance with the contract requirements subject to the Contractor's continuing warranty and other obligations pursuant to the contract; and 3 G:U'ublic Works\FEMn-OES\1 FEMA Projects\Y W's 'x348 & 3.503 Shollenberger Debris Removal\Construction\30 neenda k3ills\accept completion of construction contract.doc W>FIEREAS, based on the foregoing, staff recommends acceptance of the Project on behalf of the City; N®W, THER~F®RE, BE IT RES®LVED by the City Council of the City of Petaluma as follows: 1. The contract entitled Sholleritierger Dredge Materials Removal and Disposal, Project No. F00334806 and F00380306, with the final contract amount of $636,767.90, is accepted as complete subject to the Contractor's continuing warranty and other obligations pursuant to the contract. 2. The City Clerk/Recording Secretary is .hereby .authorized and directed' to file a Notice of Completion concerning the Project with the Sonoma County Clerk's Office within ten (10) days of the date of this Resolution. 3. Staff are hereby authorized and directed to release all undisputed retention not subject to pending change orders within sixty (60) days of the date of this Resolution and in accordance with the terms of the Project contract, California Public Contract Code Section 7107 and applicable law. • 4 G:\Public Works\FEMA-OF..S\I k=EMA Projects\P45"s 338 K 3803 Shollenberger Debris Removal\Coristntction\30 Agenda Bills\accept completion of construction contract.doc ATTACHMENT 2 4 ~ Y . µ~`~1.,,'. ~ .~ . ~M ' r ~ . ~~- ~; 5 G:' Public Works'~FEMA-OESU FEN1A Projects\PW's 3348 & 3803 Shollenberger Debris Removal`Consu-uction`30 Agenda Bills\accept completion of construction contract.doc