HomeMy WebLinkAboutResolutions 87-290 N.C.S. 09/28/1987~`
FZes®lutl®n No. 87-290 N C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING APPROVAL OF
THE ADDENDUM TO THE WRIGHT SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, the City of Petaluma and the subdivider (J. L.
Construction Company, Inc.) entered into a Subdivision Improvement
Agreement for the subdivision improvements to the Wright Subdivision,
which Agreement is dated October 1 1987, and
WHEREAS, the City desires certain improvements to be made on West
Street in Petaluma for the public benefit, and
WHEREAS, the City Engineer has advised that the public benefit would
be best served by authorizing J. L. Construction to construct the public
improvements in West Street in conjunction with the work to be performed
on the Wright Subdivision, rather than going to competitive bidding at this
time, and
WHEREAS, those factors as provided by the City Engineer which would
result in advantage to the City of Petaluma to contract directly with J and
L Construction for the West Street Improvements are as follows
1. By having the same contractor construct the Wright Subdivision
improvements and the West Street improvements, the disruption to
the neighborhood will be minimized, i.e., if there were
competitive bidding, and the low bidder was a different
organization than J. L. Construction Company, both companies
might be installing underground utilities in adjacent areas.
2. By such direct contract, there would be an avoidance of the
potential conflict of two contractors arguing over when the traffic
should be detoured, who has the right to utilize certain areas for
construction and providing adequate operating room for the
separate construction projects, equipment, etc.
3. The public utilities to be installed for the West and Laurel Street
improvements are essential to the occupancy of the Wright
Subdivision. Should for some reason the City construction
project be delayed, thereby holding up the Wright Subdivision
occupancy, it might be alleged that the City would be liable for
the delay.
4. In all likelihood, there will be cost savings to the City in view of
the costs of subdivision prices vs. a City bidding construction
prices .
Res. No. .....,....87._.2.9. ~. N.C.S.
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. AND WHEREAS,.: based upon the., foregoing;.,"- any competitive bid -would
• necessarily work to the disadvantage of the :public and would not obtain the
best economic result for the public.
NOW, THEREFORE;, RESOLVED that. this' Council hereby approves the
Addendum to the Wright Subdivision, Improvement Agreement, which is
attached hereto as Exhibit A and_ _ ,her.eby auahorizes the City Manager to
execute said Agreement. - '
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Under the power and authority conferred upon this ,Council by the,Charter of said City.
I here}iy. certify the foregoing Resolutiori was introduced and adopted. by the Approved as to
Council of the Cit of Petaluma at a Re L3r l~t~~ 1 meetin fo
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on the ...,.2.~ak~.-----•--.. day of ..............S~RZ~mI?~r...::_. ......:.., 19_$7._, by the
following vote: ~
~~ City Attorney
;AYES: Sobel; Balshaw, Davis, Tencer, Vice Mayor Woolsey,~Mayor Hilligossf~''
NOES: ~
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ABSENT: a~anagh, .
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ATTEST : .. ....... .......... ...... . . ...........: ~............_...... ........:. .....-- ... ................. ... :~:.,Y~........._.
City" 1 ~ Mayor. '
- until File_ .:...
Form' CA 2 7181. - ~R~. No . $ ~ 2.~.6 ....... .
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ADDENpUM TO SUBDIVISION AGREEMENT
WRIGHT SUBDIVISLON
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This Addendum is made between the City of Petaluma ("City")
and JL Construct,ion Company., Inc., ("Subdivider"), successor in
interest to Edward P. Wright and Judith L.. Wright, the original
G~-ra73~~e
subdividers, on ~ ~, 19x7, to the Subdivision Agreement
L-or the Wright Subdivision approved on August 3, 1937 by
Resolution No.
1. Subdivider and City agree that the Improvement- Plans
approved for the,•Wright Subdivision shall include certain work
performed for the benefit of the City a,nd no,t for the benefit of
the Subdivider on West Street in the City of Petaluma as shown
on the map attached to this Addendum as~Exhibit A, the "West
Street Improvements."
2. The West Street Improvements shall be completed
according to plans and specifications prepared by the City of •
Petaluma and by Adobe. Associates and approved by the City of
Petaluma's Engineering Department.. All work performed by Adobe
Associates shall be paid for by Subdivider.
3. In consideration of the construction of the West Street
Improvements, City agrees to pay Sub"divider a sum equal to the
actual cos:E of construction,. including 'eng'ineering costs, plus
a sum for overhead and profit equal to 3% of the actual cost of .
construc.t,,iori. City and Subdivider estimate the total of such
sums to be approximately ~'3~7~ ~~~~~~. The parties agree the
price stated above is an estimate and the actual cost of work
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performed f,or the Cif~y's benefit may vary. The esaimated cost
hasbeen determined according to .the engineer's estimate
' attached. hereto a's Exhibit B.
City shall pay Subdivides as work progresses for work
performed each month. Subdvider's request for payment shall ,be
accompanied by documentation of Subdivider>' actual cost.
Subdivid°er''s profit and overhead shall b;e "paid upon completion
.and accepta~rice of fhe improvements by City.
4. If a dispute a°risea as to the actu°al c:ost which cannot
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be -setaled by the ;parties, the amount which. is not in~ disputte
shall be paid fo`rirhwth to Subdivider, i~ncludi~ng Subdivider
overhead and. profit on that amount, and, the parties shall submrt '
the issue of the balance to be paid to- arbi ration pursuant to
Article 3, Title- 9 of: the Californ.~a Code of Civil Procedure
(commencing with Section 128'0).
5. Su'bdivide;r shall diligently attempt to complete the West
Street Improvements within a reasonab e time. However,
Subdivider. shal'1 not be responsible for and shall not be
penalized for delay c`aus,ed by de;l:ects iri p;l,ans approved by the
City; fie d c"ondi,tions, weather., or other matters beyond
Subd'iv.der-'s control.
b . Except as set .forth in this Addendum, th:e terms of the
Subdiy~s.ion Agreement shall apply to the construction of the
Went Street Improvements.
JL CONSTRUCT-ION COMPANY., INC. CTTX OF PET'ALUMA
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. ' CITV'~ItiANAG~R
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,Finance-Officer/A ' or
Ci~~y t~ttorney
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