RESOLUTION NO. (XX)
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE PUTNAM PARK, PHASE 1 IMPROVEMENTS PROJECT, AUTHORIZING THE
CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY
RECORDER AND, UPON NO PROTESTS BY SUBCONTRACTED AND CONTRACT
MATERIALS PARTIES, RELEASE THE CONSTRUCTION CONTRACT
RETENTION
WHEREAS, the construction contract for the Putnam Park Improvements Project was awarded to Azul Works, Inc., and City issued the Notice to Proceed with a work start date of October 28, 2024, and the work consisted of new pathways through the park, a fenced dog park, a lawn area, several picnic areas, park furniture including exercise stations and dog activity structures, drinking fountains, and parking lot lights; and WHEREAS, between October 2025, and May 5, 2026, the City conducted several inspections of the project and the project, and despite the long time period, there were still aspects of the project remaining unfinished, however, the City determined that April 15th, the Project was sufficiently complete to stop accruing liquidating damages; and WHEREAS, despite the shortcomings, and in the interest of moving forward, the City Engineer is recommending the Project for acceptance by the City; and WHEREAS, following City Council action, a Notice of Completion is to be filed with the County Recorder and after thirty five days, provided there are no protests, the City is to release the retention to the Contractor; and
WHEREAS, on September 24, 2024, City Council authorized a Project budget of $2,486,000, for construction and Construction Management and the total project costs adjusted for liquidated damages totaled $2,088,677.75; and
WHEREAS, pursuant to the terms of the construction contract, the City assessed liquidated damages in the amount of $103,000 for delays beyond the approved contract completion date, calculated at the contractual rate of $500 per calendar day for 206 days of delay; and
WHEREAS, the City has applied retained funds and withheld amounts otherwise payable to the contractor to satisfy the assessed liquidated damages, consistent with the contract documents and applicable provisions of the California Public Contract Code; and WHEREAS, the City will continue to retain $49,438.14, representing approximately
2.49 percent of the total contract amount, pending expiration of the Notice of Completion period and resolution of any outstanding project-related claims, stop notices, lien claims, payment disputes, or other closeout matters; 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, that
1. The above recitals are true and correct, and
2. The Putnam Park Phase 1 Improvements are accepted, and
3. The City Clerk is directed to file a Notice of Completion with the County Recorder’s Office and after 35 days with no protests, the City is to release the construction retention, net funds for outstanding payments, to Azul Works, Inc.
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 June 23, 2026, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney