HomeMy WebLinkAboutResolution 2006-051 N.C.S. 04/03/2006 Resolution No. 2006-051 N.C.S.
of the City of Petaluma, California
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 (BUILDINGS 14, 15, 16, AND THE NORTH SIDE OF
17 ALONG WITH RELATED SITE IMPROVEMENTS)
WHEREAS, by resolution No. 2006-043 N.C.S., adopted March 20, 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 contract ("Project
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 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 improvements referred to as Buildings 14, 15, 16, and the North
side of Building 17, as well as related site improvements (such as pavement striping,
landscaping, etc.) ("Completed Work") are complete sufficient for occupancy; and,
WHEREAS, there is currently a wait list of 140 pilots awaiting hangars at the Petaluma
Airport, and 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; options and recommends rejecting all bids at this time, and re-bidding the project this
winter, thereby allowing time to secure needed additional funding.
Resolution No. 2006-051 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
that 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 (buildings 14, 15, 16, and the north side of 17,
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.
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 3`~ day of Aprii, 2605, form:
bythe following vote:
City Attorne,
AYES: Vice Mayor Canevaro, Healy, Nau, O'Brien, Torliatt ~~j~~lG
NOES: None
ABSENT: Mayor Glass, Harris
ABSTAIN: None
ATTEST:
City Clerk or
Resolution No. 2006-051 N.C.S. Page 2
AMENDMENT 1
to the
,2005 Petaluma Airport Hangar Expansion Project Contract
C100103
This Amendment dated for reference only to the 2005 Petaluma Airport
Hangar Expansion Project Contract , C100103, ("Agreement") is entered by and between the City
of Petaluma, a California charter city, ("City") and North Bay Construction, Inc., ("Contractor")
WHEREAS, by resolutionNo. 2005-038 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 5 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 Buildings 14, 15, 16, and the North side of
Building 17, as well as related site improvements (such as pavement striping, landscaping, etc.)
("Completed Work") are complete sufficient for occupancy;
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 Completed Work.
In addition, upon such notice that the Completed work is entirely finished sufficient for occupancy,
Resolution No. 2006-051 N.C.S. Page 3
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 11 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:
Address for giving notices:
City Clerk
431 Payran St., Petaluma, CA 94952
Resolution No. 2006-051 N.C.S. Page 4
APPROVED AS TO FORM:
License No.: 357560
City Attorney Agent for service of process:
APPROVED: Steve Genet/
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
814140
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