HomeMy WebLinkAboutPCDC Resolution 2005-10 07/11/2005RESOLUTION 2005-10
PETALUMA COMMUNITY ®EVELOPMENT COMMISSION
APPROVING THE FINAL PROJECT BUDGET FOR THE DOWNTOWN IMPROVEMENTS PHASE I
CONTRACT, PROJECT NO. 3300-54151-C200603 (TOTAL ADDITIONAL COST: $234,513
FUNDED BY CENTRAL BUSINESS DISTRICT PROJECT AREA FUND 3300), APPROVING
EXECUTION OF A FINAL CHANGE ORDER, AND AUTHORIZING EXECUTION OF FINAL
SETTLEMENT OF CLAIMS OF GHILOTTI BROTHERS, INC.
WHEREAS, the Petaluma Community Development Commission ("PCDC") awarded the
contract for the Petaluma Downtown Improvements Phase I Project, Contract No. C200603
("Project"), to Ghilotti Bros., Inc. ("GBI") on August 25, 2003; and,
WHEREAS, the PCDC accepted the Project as complete on February 28, 2005 and filed a
Notice of Completion concerning the Project with the Sonoma County Clerk pursuant to
California Civil Code Section 3093 on February 28, 2005, which notice was recorded on March
21, 2005; and,
WHEREAS, the original amount of the Project contract was $2,185,375.75, and Project
change orders to date total $236,031.45; and,
WHEREAS. the PCDC presented a proposed final estimate of payment ("PFE") to GBI on
December 7, 2004, and GBI raised objections/claims and sought additional compensation in
response to the PFE by letter dated December 20, 2004; and,
WHEREAS, PCDC staff and GBI worked collaboratively to resolve all documentation and
compensation issues to achieve an amicable final settlement of all GBI claims; and,
WHEREAS, William Bradley Electric ("WBE"), a subcontractor on the Project, filed a Stop
Notice with the PCDC in the amount of $349,007.97 ("Stop Notice"), and as a result the PCDC
has withheld the Project retention balance of $237,302.08 pursuant to California Civil Code
Section 3186; and,
WHEREAS, to date the PCDC has paid GBI $2,135,718.90 for performance of the Project.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The final project .budget for the Petaluma Downtown Improvements Project, Phase I,
Project No. 3300-54151-C200603 of $3,592,083 (total additional cost: $234,513 funded
by Central Business District Project Area Fund 3300) is hereby approved in
accordance with the Agenda Bill and Report to which this resolution is attached and
which Agenda Bill and Report are hereby made a part of this resolution.
2. The PCDC Executive Director is hereby authorized and directed to execute on behalf
of the PCDC a final project change order increasing the contract amount for
Contract No. 9053 by $178,971.18 for a final contract amount of $2,600,378.00.
3. Upon receipt by the PCDC of a stop notice release properly executed on behalf of
W. Bradley Electric in accordance with California Civil Code Section 3262 releasing
the Stop Notice filed on behalf of W. Bradley Electric with the PCDC in the amount of
$349,007.97, the PCDC Executive Director is hereby authorized and directed to
PCDC Resolution 2005-10 Page 1
execute on behalf of the PCDC a final settlement of all GBi claims in accordance
with the agreement attached to and made a part of this Resolution as Exhibit B and
to ensure that the PCDC complies with the terms of such agreement, including the
release of a final payment to GBI of $464,659.65 in accordance with the requirements
of such agreement.
Adopted this 1 1 t" day of July, 2005 by the following vote:
Commissioner Aye No Absent
Canevaro X
Chair Glass X
Vice Chair Harris X
Healy X
Nau X
O'Brien X
Torliatt X
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ATTEST:
1
nne Windsor, Recording Secretary
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Mike Harris, Vice Chdir ~ - - ` `'.~
APPROVED AS TO FORM:
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Richa d R. Ru nansky, e eral Counsel
PCDC Resolution 2005-10 Page 2