RESOLUTION NO. (XX)
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE
CYPRESS AVENUE SEWER REPAIR 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 Cypress Sewer Replacement Project consisted of replacing or repairing sections of the existing sewer, including sewer laterals, in Cypress Avenue from Cotati Creek to the City limits; and
WHEREAS, the project was one of several repair projects identified in the Inflow and Infiltration Reduction Study in 2021; and
WHEREAS, in addition to having deficiencies including offset joints and leaking laterals, the Cypress sewer repairs were given priority over other areas because of the planned paving of Cypress Avenue in early 2024; and
WHEREAS, the construction contract was awarded on December 12, 2023, and field work began in early April; and
WHEREAS, final inspection was conducted on May 13, 2024, and 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 Fiscal Year 23/24 Budget included $783,700, for the Project, and accounting for the design, construction contract, the Construction Management and Inspections agreement and a contingency of 15 percent, the total proposed Project budget at time of award was decreased to $562,654; and
WHEREAS, with the Project work complete, the total spent and encumbered funds for the Project from design through construction and CM is $525,184; and WHEREAS, the remaining unspent funds will be returned to the unappropriated Sewer Enterprise fund balance; and
WHEREAS, this action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.
NOW THEREFORE BE IT RESOLVED, 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 Cypress Avenue Sewer Repair 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 Corcus Construction 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 May 28, 2024, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney