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HomeMy WebLinkAboutResolution 2011-012 N.C.S. 01/24/2011Resolution No. 2011 -012 N.C.S. of the City of Petaluma, California TERMINATING A CONSTRUCTION CONTRACT WITH NORTH BAY CONSTRUCTION, INC. FOR THE HOPPER STREET PAVEMENT REHABILITATION PROJECT WHEREAS, on September 15, 2008, the City Council awarded a construction contract for the Hopper Street Pavement Rehabilitation Project to North Bay Construction, Inc. in the amount of $496,651.05; and, WHEREAS, construction of the above project is currently on hold. pending appeal of FEMA funding for additional construction: and, WHEREAS, a decision on the FEMA appeal will not be received in time for the project to begin this construction season; and, WHEREAS, North Bay Construction has merged with Ghilotti Construction Company and will no longer be operating as North Bay Construction, Inc. in the near future; and, WHEREAS, the City and North Bay Construction have negotiated North Bay Construction's agreement to termination and release by North Bay Construction of all claims relating to the contract in exchange for payment of North Bay's out -of- pocket contract - related expenses in the amount of $4,956 by the City; and, WHEREAS, staff recommends the construction contract with North Bay Construction be terminated and the project be re -bid, once FEMA has reached a decision on the appeal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: 1. Authorizes termination of the construction contract with North Bay Construction, Inc. for the Hopper Street Pavement Rehabilitation Project. 2. Directs staff to issue a notice of termination of the construction contract to North Bay Construction. 3. Authorizes and directs the City Manager to execute all documents required for termination of the construction contract with North Bay Construction, and authorizes the payment to North Bay Construction of not more than $4,956.00. 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 r; ved as to Council of the City of Petaluma at a Regular meeting on the 24` day of January, o m: 2011, by the following vote: C y Attorney AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Renee NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Mayor Resolution No. 2011-012 N.C.S. Page 1