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HomeMy WebLinkAboutResolutions 2011-138 N.C.S. 09/19/2011 Resolution No. 2011 -13 8 N. C. S of the City of Petaluma, California ACCEPTING COMPLETION OF THE CONSTRUCTION CONTRACT FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT HVAC RETROFIT PROJECT G22604010 WHEREAS, the City has been allocated $514,500 of Energy Efficiency and Conservation Block Grant (EECBG) funding from the Department of Energy (DOE); and, WHEREAS, to optimize use of EECBG grant funds, staff worked with an energy efficiency consultant to prepare the required Energy Efficiency and Conservation Strategy that compares the energy efficiency of various types of improvements, their cost to install, and savings in energy costs; and, WHEREAS, subsequent to City Council approval of the recommended energy conservation measures on November 16, 2009, by Resolution 2009 -187 N.C.S, the Strategy, including the Countywide Retrofit /Renewables Program and replacement of selected HVAC units, was submitted to the DOE and subsequently approved; and, 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 Energy Efficiency and Conservation Block Grant HVAC Retrofit Project ( "Project "), and, WHEREAS, bids for the Project were opened on November 17, 2010, 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 R.J. Mechanical in the amount of $200,330.24; and, WHEREAS, by Resolution No. 2010 -223 N.C.S., adopted on December 20, 2010, the City Council of the City of Petaluma found the bid of $200,330.24 for the Project to be the lowest responsive bid and awarded the Project to R.J. Mechanical in the amount of $200,330.24, Resolution No. 201 1 -138 N.C.S. Page 1 conditioned on R.J. Mechanical 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, because the low bid for the project was lower than expected, the City was approved by the Department of Energy to allocate the remaining federally authorized grant funds of $115,954 to an LED Streetlight Retrofit Project; and, WHEREAS, the following contract change orders (CCO) affecting the Project amount have been approved: Change Order No. Description Amount! #1 Cavanagh Center— replace duct work for Furnace 1 $1,380.00 #2 Cavanagh Center — replace duct work for Furnace 2 $2,070.00 #3 Police Department, 22 Bassett, City Hall, Fire Station 1 — $5,619.95 remove portion of visual screen, move thermostat, new isolators and thermostat covers for all units #4 Cavanagh Center and Fire Station 1 — adjust labor costs for $1,308.96 CO1 & 2, install sensors Total of all change orders $10,378.91 ; and, WHEREAS, the final contract amount, as amended, including all change orders, is $210,709.15; 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 of the City of Petaluma as follows: Resolution No. 201 1 -138 N.C.S. Page 2 1. The contract entitled Energy Efficiency and Conservation Block Grant HVAC Retrofit Project No. G22604010, with the final contract amount of $210,709.15, 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 are 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: 1 hereby certify the foregoing Resolution was introduced and adopted by the ppr v as to Council of the City of Petaluma at a Regular meeting on the 19 day of September, m: 2011, by the following vote: City ttorney AYES: Albertson, Barrett. Mayor Glass, 1- larris, Vice Mayor Healy, Kearney, Renee NOES: None ABSENT: None ABSTAIN: None eXo j ATTEST: City Clerk or Resolution No. 201 1 -138 N.C.S. Page 3