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HomeMy WebLinkAboutResolution 2010-161 N.C.S. 09/13/2010Resolution No. 2010-161 N.C.S. of the City of Petaluma, California ACC~PTING COMPLE'~'ION OF TI~E ADOBE CREEK EIVIERGENC~' SEWEIt NYA~N REPAIR PROJEC'I' N~J1VgBE12 C66401105 WI-IEREAS, Article X, Section 68 of the City of Petaluma Charter provides that repair of all public buildings and works requiring expenditures specified in the section must be awarded to the lowest responsible bidder pursuant to procedures established by ordinance adopted by the City Council; and, WI-~EREAS, a 6-inch sewer main running from Rancho Bonito Drive and Casa Verde Circle, beneath Adobe Creek had experienced severe groundwater infiltration that posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of an essential public service, and qualifies as an "Emergency" under Section 1102 of the Public Contract Code; and, WI~EREAS, Section 4.04.050 of the Petaluma Municipal Code provides that the bidding procedures set forth in Sections 4.04.080 through 4.01.100 of the Code in accordance with the City charter may be dispensed with when an emergency requires that an order be placed with the nearest available source of Supply; and, WI~EREAS, City staff negotiated a time and materials contract with Team Ghilotti, Inc., of Petaluma, CA to replace the sewer main under Adobe Creek; and, WI~EREAS, by Resolution No. 2010-143 N.C.S. adopted August 2, 2010, the City Council of the City of Petaluma authorized the City Manager and/or his designee to execute on behalf of the City of Petaluma a time and materials construction agreement with Team Ghilotti, Inc. for the Adobe Creek Emergency Sewer Main Repair for a not to exceed amount of $155,000 for the performance of the emergency repair of the Adobe Creek Sewer Main; and, WI-~EREAS, Daily Extra Wark Reports for time and materials to complete the project were submitted by Team Ghilotti, Inc. and reviewed and approved by City staff; and, WI~EREAS, the final contract amount is $125,584.38; and, WHEREAS, City staff has 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, WI~EREAS, based on the foregoing, staff recommends acceptance of the Project on behalf of the City. Resolution No. 2010-161 N.C.S. Page 1 NOW, ~'HER~FOR~, BE IT RESOLVED by the City Council of the City of Petaluma as follows: The contract entitled Adobe Creek Emergency Sewer Main Repair Project C66401105 with a final contract amount of $125,584.38, 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 is 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 13`h day of September, 2010, by the following vote: AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ City Clerk City Resolution No. 2010-161 N.C.S. Page 2