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HomeMy WebLinkAboutResolution 2009-145 N.C.S. 09/14/2009Resolution No. 2009-145 N.C.S. of the City of Petaluma, California ACC~P'I'ING COIVIP~,E'I'ION OF CONSTRUC'TION CON~'RACT FOR TI~E FOX HOI.LOW PA~ PRO.TECT' PItOJECT NO. C00400305 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 Fox Hollow Park Project ("Project"); and, WI~EREAS, bids for the Project were opened on December 18, 2008 in accordance with California Public Contract Code Section 4104.5 and other applicable law; and, W~IE~AS, the apparent low bid for the Project was the bid of Nessco Construction, Inc. in the amount of $189,958.20; and, WI3E~ZEAS, by Resolution No. 2009-011 N.C.S. adopted on January 26, 2009, the City Council of the City of Petaluma found the bid of $189,958.20 for the Project to be the lowest responsive bid and awarded the Project to Nessco Construction, Inc. in the amount of $189,958.20, conditioned on Nessco Construction, Inc. 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 were 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 did not result in an increase in excess of $18,996; and, W~-IEREAS, the following change orders affecting the Project amount have been approved: Chan e Order No. Description Amount 1 Install additional irrigation in hydroseed area $1,597 2 Additional earthwork to meet grades and repair of a depression area $6,63~J 3 Credit to the City for not placing soil amendment in the hydroseed area $~ 2,g00) Total change orders: $5,427 ; and W~IEREAS, the final contract amount, as amended, i.ncluding all change orders is $195,385.20; and, WHEREAS, City staff have inspected the Project and determined that it has been substantially completed in accardance with the contract requirements subject to the Contractar's continuing warranty and other obligations pursuant to the contract; and, Resolution No. 2009-145 N.C.S. Page I WHER~AS, based on the foregoing, staff recommends acceptance of the Project on behalf of the City. NOW, TI~ER~FORE, BE IT RESOLVEI) by the City Council of the City of Petaluma as follows: The Fox Hollow Park Project No. C00400305, with a final contract amount of $195,385.20, i~s accepted as complete, subject to the Contractor's completing the punch list work prior to release of the retention, 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. 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: ! hereby certify the foregoing Resolution was introduced and adopted by the ~roJed as to Council of the City of Petaluma at a Regular meeting on the l4`~ day of fo~ . September, 2009, by the following vote: AYES: Vice Mayor Barrett, Glass, I-Iarris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk C Resolution No. 2009-145 N.C.S. Fa,~~; 2