HomeMy WebLinkAboutResolution 2006-098 N.C.S. 06/05/2006 Resolution No. 2006-098 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING CONTRACT AMENDMENT
RELIEVING NORTH BAY CONSTRUCTION, INC.,
OF CERTAIN SPECIFIED LIABILITY CONCERNING THE
PETALUMA MUNICIPAL AIRPORT HANGAR CONSTRUCTION PROJECT,
NO. C100103, AND AUTHORIZING EARLY OCCUPANCY BY THE CITY
AND/OR ITS TENANTS OF CERTAIN SPECIFIED PORTIONS OF THE PROJECT
(ALL BUILDINGS ALONG WITH RELATED SITE IMPROVEMENTS)
AND AUTHORIZING STAFF TO PROCEED WITH A CONTRACT
CHANGE ORDER TO SLURRY SEAL THE TAXIWAY
WHEREAS, by Resolution No. 2005-038. N.C.S., adopted March 21, 2005, the City
Council of the City of Petaluma awarded a contract for the 2005 Petaluma Airport Hangar
Expansion Project C100103, to North Bay Construction, Inc., in the amount of $4,783,245.10,
and authorized and directed the City Manager to sign such contract on behalf of the City; and,
WHEREAS, the City Manager signed the Project Contract dated April 13, 2005 on
behalf of the City; and,
WHEREAS, the Project improvements consisted of construction of five aircraft storage
hangar buildings, new security fencing and gates, extension of fire mains and new fire hydrants,
car parking areas, and improvements to the drainage system; and,
WHEREAS, the Project improvements, including related site improvements (such ae
pavement striping, landscaping, etc.), are complete ("Completed Work") and sufficient for
occupancy; and
WHEREAS, revenue from rental of the completed hangars that comprise part of the
completed work will help finance the Project and ensure the Petaluma Airport's long-term
financial viability; and,
Resolution No. 2006-098 N.C.S. j ~ Page
WHEREAS, the Airport has received an Airport Improvement Project (AIP) grant
number 13 from Federal Aviation Administration (FAA) for $175,00 to slurry seal the taxiway;
and ,
WHEREAS, the FAA has advised the Airport this project must go forward or the Airport
is in jeopardy of losing the associated funding; and,
WHEREAS, the FAA has advised that Airport AIP 13 could be constructed under a
contract change order to the Airport Hangar Project.
NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of Petaluma.
that in order to optimize recovery ofhangar rental revenue for loan repayment, the City Manager
is hereby authorized and directed to sign on behalf of the City an amendment to the Project
Contract substantially in accordance with the amendment attached to and made a part of this
resolution as Exhibit A relieving North Bay Construction of certain specified liability regarding
the Completed Work (all buildings, along with related site improvements, such as pavement
striping, landscaping, etc.), and authorizing early occupancy by the City and/or its tenants of
such Completed Work.
BE IT FURTHER RESOLVED that the City Council of the City of Petahuna
authorizes City Manager to execute a contract change order to the North Bay Construction
contract in the amount of $144,552.82 to repave the Airport taxiway.
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 proved as
Council of the City of Petaluma at a Regular meeting on the 5'~' day of June, 2006, form:
by the following vote:
City Attome
AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
ATTEST: ;
City Clerk !f a
Resolution No. 2006-098 N.C.S. Page 2
EXHIBIT A
AMENDMENT 1
to the .
2005 Petaluma Airport Hangar Expansion Project Contract
C 100103
This Amendment dated for reference only to the 2005 Petaluma Airport
Hangar Expansion Project Contract, C 100103, ("Agreement") is entered by and between the
City of Petaluma, a California charter city, ("City") and North Bay Construction, Inc.,
("Contractor")
WHEREAS, by Resolution No. 2005-038 N.C.S., adopted March 21, 2005, the City Council of
the City of Petaluma awarded a contract for the 2005 Petaluma Airport Hangar Expansion
Project ("Project"), C100103, to North Bay Construction, Inc., in the amount of $4,783,245.10, and
authorized and directed the City Manager to sign such Agreement on behalf of the City; and,
WHEREAS, the City Manager signed the Agreement dated April 13, 2005 on behalf of the
City; and,
WHEREAS, the Project Work consists of construction of five aircraft storage hangar
buildings, new security fencing and gates, extension of fire mains and new fire hydrants, car
parking areas, and improvements to the drainage system; and,
WHEREAS, the Project Work, referred to as "All Buildings," as well as related site
improvements (such as pavement striping, landscaping, etc.) ("Completed Work") are
complete sufficient for occupancy; and,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in
accordance with provision 3.5 of the Agreement General Conditions, the parties hereby amend
the Agreement as follows:
1. Contractor Relief. Upon written confirmation by the City that the Completed
Work is entirely finished sufficient for occupancy, including all punch-list work, in accordance
with all applicable Agreement requirements, the Contractor will be relieved of maintaining and
protecting such Completed Work. Thereafter, except with the Contractor's consent or unless
the Contractor has a duty to perform remedial or repair or other work on such Completed Work.
pursuant to the Agreement, the Contractor will not be required to perform further work on such
Resolution No. 2006-098 N.C.S. Page 3
Completed Work. In addition, upon such notice that the Completed work is entirely finished
sufficient for occupancy, the Contractor will be relieved of responsibility for injury or damage to
the Completed Work or portions thereof resulting from use by the public or from action of the
elements or from any other causes; except that, Contractor will not be relieved of responsibility
for injury or damage to the Completed Work or portions thereof resulting from the Contractor's
operations or those of its privities, including ,without limitation, the performance, negligent
performance, or failure to perform the Project Work or the Agreement.
2. Limit on Contractor Relief. Except for the relief provided the Contractor pursuant
to provision 1, above, all of the Contractor's duties under the Agreement, including, without
limitation, the duties to maintain all insurance required pursuant to Article 10 of the Agreement,
other than insurance required to protect the Completed Works, and to defend, indemnify and
save the City harmless pursuant to Article 1 1 of the Agreement, remain unchanged and in full
force and effect. For purposes of performance of the Agreement, and the requirements of
California Public Contract Code Sections 7107, 9203, and 22300, as applicable, the Project Work
will continue in accordance with the Agreement as to Work other than Completed Work that is
not subject to relief under this Amendment.
3. Upon execution of this Amendment by both parties and written confirmation by
the City that the Completed Work is entirely completed sufficient for occupancy, the City
and/or its tenants may occupy the Completed Work, and such occupancy shall not constitute
completion of such work pursuant to California Public Contract Code section 7107, or California
Civil Code section 3086, except as may otherwise by required by law.
4. No Other Changes. Except as modified above, the Agreement and all of the
parties' respective rights and duties under the Agreement, including, without limitation, the City's
right to approve the Project Work upon final completion, remain unchanged and in full force
and effect.
CITY CONTRACTOR North Bay Construction, Inc
By
City Manager (CORPORATE SEAL)
Steve Geney, President
ATTEST: Attest:
Resolution No. 2006-098 N.C.S. Page 4
Address for giving notices:
City Clerk
431 Payran St., Petaluma, CA 94952
APPROVED AS TO FORM:
License No.: 357560
City Attorney Agent for service of process:
APPROVED: Steve Genet/
Department Director
APPROVED:
Risk Manager
APPROVED:
Administrative Services Director
Resolution No. 2006-098 N.C.S. Page 5