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Resolution

Cotati City Council
November 14, 2023

Document
Resolution
Meeting
November 14, 2023
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Cotati City Council
Original file
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RESOLUTION NO. {{item.custom_tracking_number}}
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE 2023

PAVEMENT REHABILITATION PROJECT IMPROVEMENTS, AUTHORIZING

THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE

COUNTY CLERK, AND AUTHORIZING THE RELEASE OF RETENTION AFTER THE 35 DAY NOTICING PERIOD WITH NO PROTESTS.

WHEREAS, the City’s Five-Year Capital Improvements Program includes a list of paving projects. The paving projects are based on a Pavement Management Program (PMP), updated every 2 years, which guides identification and prioritization of pavement maintenance projects. The PMP provides strategies to prioritize annual roadway projects based on condition and treatment costs; and
WHEREAS, pavement maintenance projects are significantly funded by, and made possible by, Measure S, the City’s local revenue measure; and City Council continues to prioritize street repair and maintenance. Expenditures are detailed in the annual Measure S reports. Since July 2020, the City has completed approximately $11.6 million in roadway improvements. These investments have considerably improved roadway conditions; and WHEREAS, the 2023 Pavement Rehabilitation Project (Project) is included in the City’s current Five-Year Capital Improvement Program; and
WHEREAS, the streets included in the bid consist of consist of Aguirre Way, Lebec Lane, Delano St, Page St, Macklin Dr, John Roberts Dr, Myrtle Ave, and Old Redwood Highway between E. Cotati Ave and Page Street.; and
WHEREAS, on January 24, 2023, City Council awarded the construction contract to Argonaut Constructors. A Notice-to-Proceed was issued with a construction start date of March 27, 2023; and
WHEREAS, the contract work has been completed on schedule and within the authorized budget. The work was determined to be substantially completed in accordance with the Project requirements and the City Engineer is recommending the Project for acceptance by City Council; and
WHEREAS, following City Council Acceptance, a Notice-of-Completion is to be filed with the County Recorder and, after thirty-five days, if no protests ae received, the City is to release the retention to the Contractor; and
WHEREAS, the City’s adopted FY22/23 Budget, and subsequent Council authorized amount was $3.210,000, for the Project, and, this amount accounts for the design agreement, construction contract, construction management professional services, engineering services during construction and change orders, amendments, and 7.3 percent contingency; and WHEREAS, the total actual project costs was $3,066,819, which is approximately 4.4 percent below the authorized amount, and the unspent funds will be returned to the unappropriated General Fund balance unless appropriated to another project by prior Council action; and
WHEREAS, the Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility. The Putnam Park pathway and parking lot minor grading and repaving portion of the project was determined to be qualify for a categorical exemption under the CEQA Guidelines, Section 15301 (Class 1, Existing Facilities), Section 15302 (Class 2, Replacement or Reconstruction), and Section 15304 (Class 4, Minor Alterations to Land) for the following reasons:
a. The project would consist of minor alteration (widening) of the existing pedestrian trail; however, the project would not expand the existing open space use outside of the Helen Putnam Park property. Therefore, the project would involve no expansion of the existing or former use of the site (Class 1).
b. The project would not create additional automobile lanes (Class 1). c. The project would replace or reconstruct the existing pedestrian pathway where the new pathway will be located on the same site as the pathway replaced. The proposed pathway would have the same purpose and similar pedestrian capacity as the pathway replaced (Class 2).
d. The proposed project would not involve removal of healthy, mature, scenic trees (Class 4).
e. The project would completely avoid the drainage ditches located immediately north and south of the existing pathway (Class 4).

The project constitutes a single and complete project. For the reasons stated previously, the project is categorically exempt from CEQA by Class 1, Existing Facilities, Class 2, Replacement or Reconstruction, and Class 4, Minor Alterations to Land.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati hereby takes the following actions:

1. Finds that the above recitals are true and correct and incorporated herein by reference; and

2. Accepts the contract work performed on the 2023 Pavement Rehabilitation Project; and

3. Directs the City Clerk to record the attached Notice of Completion for said contract work within 15 days of the date of resolution and provide a copy to the contractor (Cal. Civil Code §9204); and

4. Authorizes the City Manager to release any remaining contract retention to Argonaut Constructors, thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on [date], by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney

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