Resolution 2025-### Page 1
RESOLUTION 2025-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) ACCEPTING WORK PERFORMED BY CAL PRO SERVICE CORP. FOR THE SAN PABLO POLICE ANNEX PROJECT (SPPD21) AS COMPLETE, AND (2) DIRECTING CITY ENGINEER
TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER
WHEREAS, the project goal was to renovate the recently acquired former fire station located at 13928 San Pablo Avenue and convert the area into functional office spaces;
WHEREAS, the project was determined to be exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code sections 21083 and 21084 and 14 C.C.R. Sec. 153 01 and 15302 because it consisted of the rehabilit ation of existing facilities within City property and there was negligible or no expansion of capacity;
WHEREAS, t he construction contract was awarded to Cal Pro Service Corp. on February 7, 2022 pursuant to Resolution 2022- 015 in the amount of $196,360 with a 15% contingency for a total authorization of $225,814;
WHEREAS, w ork was substantially completed on August 2022 but several punch items still needed attention;
WHEREAS, contract change orders requested by city staff increased the contract sum to $228,452.87;
WHEREAS, by August 2022, the Contractor had not yet achieved “final completion” as defined in the General Conditions of the contract. T he City elected to assess liquidated damages and also withhold $22,000 for incomplete punch list items;
WHEREAS, on June 23, 2023, the Contractor forwarded a claim to the City objecting the City’s deduction for liquidated damages and withholding for incomplete punch list items;
WHEREAS, both parties met on August 3, 2023 and conferred on the claim via video conference. The parties have not changed their respective positions regarding the issues raised in the claim, but did agree to the compromise settlement in order to avoid the time, cost, and risk of mediation or litigation;
WHEREAS, a Settlement Agreement was executed on September 18, 2023;
WHEREAS, t he City Engineer has determined that the above work has been completed in accordance to the plans and specifications; and
WHEREAS, no additional payment will be due to the Contractor since all continuing contractual obligations were incorporated into the Settlement Agreement.
Resolution 2025-### Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Pablo hereby:
(1) Accepts the work performed by Cal Pro Services Co rp. for the San Pablo Police Annex Project (SPPD21) as complete; and
(2) Directs that a Notice of Completion to be prepared and filed with the County Recorder’s Office for the San Pablo Police Annex Project (SPPD21).
BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings.
* * * * * * *
ADOPTED this 21st day of January, 2025, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST: APPROVED:
Dorothy Gantt, City Clerk Arturo Cruz, Mayor