RESOLUTION NO. (XX)
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE
DOWNTOWN CIVIC CENTER CONNECTIVITY AND SAFETY PROJECT,
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 street paving projects, and the paving projects are based on a Pavement Management Program (PMP), updated every 2 years, which guides the identification and prioritization of street pavement maintenance projects; and
WHEREAS, the PMP provides strategies to prioritize the annual roadway projects based on their 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; and
WHEREAS, expenditures are detailed in the annual Measure S reports, and this project is to be additionally funded using the Streets Improvements Lease issued in January of 2022, and State and Federal roadway grants; and
WHEREAS, the City has made considerable progress in improving the condition of its roadways in the last several years; and
WHEREAS, the Project consists of pavement rehabilitation of all six segments of La Plaza and the length of West Sierra Avenue from Old Redwood Highway west to the City limits (just past the Highway 101 overpass); and
WHEREAS, on January 24, 2023, the Project was awarded to JV Lucas Paving, Inc and the Notice to Proceed was issued on March 1, 2023, and, on July 28, 2023, a walk-through was conducted and generated a punchlist, and by September, 2023, the punch list items had been addressed and the City Engineer determined the work had been completed in accordance with the contract plans and specifications and recommends it for City acceptance; and WHEREAS, accounting for the design, construction contract, engineering support services during construction and Construction Management professional services, additional design fee to address unforeseen environmental requirements and change orders, amendments, and a 15 percent contingency, the total project budget is $2,878,703. the actual expenditures are as follows:
Design $189,158
Construction Contract $1,910,297
Construction Mgmt. & Eng. Support $434,169
Contingency $0
Total $2,533,624
and;
WHEREAS, the actual total Project expenditures are 12 percent below the authorized budget amount; and
WHEREAS, the City’s budget includes State and Federal grants which have been awarded to the City and consist of $1,008,000 from One Bay Area Grant 2 (OBAG2) and $242,000 from a Coronavirus Response and Relief Supplemental Appropriations Act, 2021, (CRRSA) grant; and
WHEREAS, the City is in good standing on delivering prior grant funded projects and follows strict and extensive procedural and reporting requirements to remain eligible for this grant funding; and
WHEREAS, the Project is subject to the National Environmental Protection Act (NEPA) and California Environmental Act requirements (CEQA), and the City completed necessary documents and the Project was found to be Categorically Exempt under CEQA under Sections 15301, 15302, and 15303, and the Project is a Categorically Exclusion under NEPA 23 CFR 771.117(c): activity (c)(3).
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 Downtown Civic Center Connectivity and Safety 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 JV Lucas Paving, Inc., 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 {{meeting.date format="MMMM dd, yyyy"}}, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney