HomeMy WebLinkAboutResolution 2022-136 N.C.S. 08/08/2022 Resolution No. 2022-136 N.C.S. Page 1
Resolution No. 2022-136 N.C.S.
of the City of Petaluma, California
ACCEPTING COMPLETION OF THE BIOMASS TO BIOFUEL PROJECT AT THE ELLIS CREEK WATER RECYCLING FACILITY CONTRACT WITH MYERS AND SONS CONSTRUCTION, APPROVING A FINAL CONTRACT CHANGE ORDER AND AUTHORIZING THE CITY
MANAGER TO SIGN ON BEHALF OF THE CITY A SETTLEMENT AGREEMENT WITH MYERS AND SONS CONSTRUCTION RESOLVING THE CLAIMS OF THE PARTIES 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 Biomass
to Biofuel project (“Project”); and WHEREAS, bids for the Project were opened on November 16, 2017, in accordance with California Public Contract Code Section 4104.5 and other applicable law; and
WHEREAS, the apparent low bid for the Project was the bid of Myers & Sons Construction, LP in the amount
of $8,272,100; and WHEREAS, by Resolution No. 2017-181 adopted on December 18, 2017, the City Council of the City of Petaluma found the bid of $8,272,100 for the Project to be the lowest responsive bid and awarded the Project to
Myers & Sons Construction, LP in the amount of $8,272,100 conditioned on Myers & Sons Construction’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 is necessary to effectively complete the project and/or to realize the Project and/or cost benefits for the City so long as such change orders
or amendments do not result in an increase in excess of $1,214,000; and
WHEREAS, the following change orders affecting the Project amount have been approved: Change Order #1 $ 78,260.20
Change Order #2 $ 39,000.00
Change Order #3 $ 38,200.00 Change Order #4 $ 47,972.77 Change Order #5 $202,496.25 Change Order #6 $ 75,665.53
Change Order #7 $ 54,808.43
Change Order #8 $ 15,828.71 Change Order #9 $151,837.86 Change Order #10 $185,978.75 Change Order #11 $139,176.33
Change Order #12 $ 82,135.74
Change Order #13 no cost, partial retention release Change Order #14 $ 2,531.96 Change Order #15 $149,000.00 Change Order #16 $(85,000) credit
Total Change Orders: $1,177,892.53; and
WHEREAS, the final contract amount as amended including all change orders is $9,449,992.53; and
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WHEREAS, Myers & Sons Construction, LP threatened to file a lawsuit against the City for interest on retention held and late payment interest; and
WHEREAS, a settlement agreement was negotiated on contractor claims, attachment E; 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, compliance with the California Environmental Quality Act for this project was previously completed on January 4, 2016, the City Council, by Resolution No. 2016-007 N.C.S. certified the Water Recycling Facility and River Access Improvements EIR January 2016 Addendum, which evaluated the Biomass
to Biofuel (B2B) project; 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 of the City of Petaluma as follows:
1. The above recitals are true and correct and are incorporated herein by reference. 2. Compliance with the California Environmental Quality Act for this project was previously completed on January 4, 2016, the City Council, by Resolution No. 2016-007 N.C.S. certified the Water Recycling Facility
and River Access Improvements EIR January 2016 Addendum, which evaluated the Biomass to Biofuel
(B2B) project. 3. The contract entitled Biomass to Biofuel, Project No. C66501518 & C66401728 with a final contract amount of $9,382,992.53 is accepted as complete subject to the Contractor’s continuing warranty and other obligations
pursuant to the contract.
4. The City Clerk 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.
5. 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, the Petaluma City Charter, California Public Contract Code Section 7107, and applicable law. 6. The City Manager is authorized to sign the settlement agreement, attachment E, with Myers & Sons
Construction, LP.
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 8th day of August 2022, by the following vote:
Approved as to form: __________________________ City Attorney
AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell
NOES:
ABSENT:
ABSTAIN:
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ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor
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