HomeMy WebLinkAboutResolution 2007-155 N.C.S. 09/10/2007 Resolution No. 2007-155 N.C.S.
of the City of Petaluma, California
ACCEPTING COMPLETION OF THE ON-CALL PAVEMENT MAINTENANCE
CONTRACT FOR FY OS-06, AND AUTHORIZING RELEASE OF RETENTION
IMMEDIATELY UPON FINAL PRO.IECT ACCEPTANCE
WHEREAS, 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 2005-2006 On-Call Pavement Maintenance Project ("Project");
and,
WHEREAS, bids for the Project were opened on March 6, 2006 in accordance with
applicable law; and,
WHEREAS, the apparent low bid for the Project was the bid of W.K. McLellan in the
amount of $727,755.01; and
WHEREAS, by Resolution No. 2006-036 N.C.S. adopted March 6, 2006 the City
Council of the City of Petaluma found the bid of $784,287.50 for the Project to be the lowest
responsive bid and awarded the Project to W.K. McLellan in the amount of $727,755.01,
conditioned on W.K. McLellan'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; and,
WHEREAS, no change orders affecting the Project amount have been issued; and,
WHEREAS, the final contract amount, as amended, is $727,755.01; 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,.
WHEREAS, based on the foregoing, staff recommends acceptance of the Project on
behalf of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Petaluma
as follows:
1. The contract entitled On-Call Pavement Maintenance Contract FY OS-06, Fund No.
2630, with a final contract amount of $727,755.01, is accepted as complete, subject to
the Contractor's continuing warranty and other obligations pursuant to the contract.
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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. The Contractor completed all work on May 31, 2007 and. has submitted an
unconditional waiver and release upon final payment to the City. In accordance with
the terms of the Project contract, California Public Contract Code Section 7107 and
applicable law, staff is required to release all undisputed retention, not subject to
pending change orders, within sixty (60) days of the date of this Resolution.
4. Staff are hereby authorized and directed to release all undisputed retention
immediately after 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: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approv as to
Council of the City of Petaluma at a Regular meeting on the 10°i day of September, f rm
2007, by the following vote:
City Attorney
AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Babbitt, Mayor Torliatt
NOES: None
ABSENT: Harris I
.ABSTAIN: None
` i!
ATTEST: ~ ~
City Clerk Mayor
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