2014/07/22 City Council Resolution 2014-083RESOLUTION NO. 2014 -083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
INCREASING THE AUTHORITY OF THE CITY MANAGER TO EXECUTE CHANGE
ORDERS TO TWENTY FIVE PERCENT (25 %) OF THE ORIGINAL CONTRACT
AMOUNT FOR THE WILFRED AVENUE IMPROVEMENT PROJECT,
PROJECT NO. 2010-05
WHEREAS, on April 9, 2013, the City Council adopted the plans and specifications for
the Wilfred Avenue Improvement Project No. 2010 -05 and approved a resolution awarding the
contract to DeSilva Gates Construction, LP for an amount of $10,845,757.00; and
WHEREAS, on April 9, 2013, the City Council authorized the City Manager to execute
Contract Change Orders (CCOs) up to fifteen percent (15 %) of the original contract amount on
the Wilfred Avenue Improvement Project; and
WHEREAS, on May 29, 2013, the City Manager has authorized $1,626,836.55 in CCOs,
which represents 13.5% of the original contract amount; and
WHEREAS, staff expects that an additional $724,500 is needed to complete United
States Fish and Wildlife Service (USFWS) required CTS tunnels and final right -of -way surveys,
not originally contemplated by the contract and not yet performed; and
WHEREAS, staff expects that an additional $350,000 is needed to settle remaining
issues with the contractor related to errors and omissions in the plans, inefficiencies associated
with out of sequence work due to the failure of utility companies to relocate within the time
permitted by the contract, and a differing site condition claim; and
WHEREAS, The City of Rohnert Park entered into a Joint Exercise of Powers
Agreement ( "JEPA ") with Sonoma County representatives, and the Federated Indians of Graton
Rancheria ( "Tribe ") to facilitate the road widening of Wilfred Avenue; and
WHEREAS, the JEPA requires that the Tribe is solely responsible for paying for all
design, permitting, construction, review, inspection, project management, staff, legal, right of
way acquisition, and operating and maintenance costs incurred for the construction of the
Wilfred Avenue Improvement Project; and
WHEREAS, the Wilfred Avenue Improvement Project was previously approved by the
City pursuant to a Notice of Exemption on September 25, 2012. The City filed a notice of
exemption with the County Clerk on September 26, 2012, who posted it that same day through
October 29, 2012.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby
authorize the City Manager to execute Contract Change Orders up to twenty -five (25 %) of the
original contract amount .
2014 -083
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22 "d day of July, 2014.
V- OHNERT P4Rx CITY OF ROHNER PARK
19 r2
Joseph A qallinan, Mayor
ATTEST: �A1t g,"-
1)
If Anne M. Buergler, City Cler
BELFORTE: ABSENT MACKENZIE: ABSENT STAFFORD: AYE AIIANOTU: AYE CALLINAN: AYE
AYES: ( 3 ) NOES: ( 0 ) ABSENT: ( 2 ) ABSTAIN: ( 0 )
2014 -083