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2023/08/08 City Council Resolution 2023-062 RESOLUTION NO. 2023-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE DRAWINGS AND SPECIFICATIONS FOR THE 2022 WOODEN STREET LIGHT POLE REPLACEMENT PROJECT NO. 2018-26, FINDING THE PROJECT EXEMPT FROM CEQA, PER CEQA GUIDELINES SECTIONS 15301 AND 15302, AND AWARDING THE CONTRACT TO NEMA CONSTRUCTION WHEREAS, the 2022 Wooden Street Light Pole Replacement Project No. 2018-26 ("Project") is the replacement of fifty-five (55) existing wooden street light poles to a City standard metal street light poles within F and H neighborhood sections of Rohnert Park; and, WHEREAS, consistent with the California Uniform Public Contract Cost Accounting Act (CUPCCAA) and the California Public Contract Code, an invitation to bid was advertised on March 8, 2023 and was published on March 10 and 17, 2023 with the Community Voice; and, WHEREAS, the Project drawings and specifications for the Project were provided by City Staff; and, WHEREAS, five sealed bids were submitted for the Project and were publicly opened on June 28, 2023; and, WHEREAS, Public Works staff reviewed the bids received for responsiveness and determined that Nema Construction submitted the lowest bid and is the lowest responsive and responsible bidder, and, WHEREAS, the 2022 Wooden Street Light Pole Replacement Project No. 2018-26 is funded through Neighborhood Upgrades, Infrastructure Reserve, and Gas Tax; and, WHEREAS, there is sufficient budget remaining in the project to award the construction contract; and, WHEREAS,the 2022 Wooden Street Light Pole Replacement Project No. 2018-26 has been identified by the City Council as an important Capital Improvement Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it hereby authorize and approve as follows: Section 1. The above recitals are true and correct and material to this Resolution. Section 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. Section 3. The Project is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regs. §§ 15301, 15302) and directs staff to file a notice of exemption with the Sonoma County Clerk - Recorder. Section 4. The drawings and specifications on file at City Clerk's Office for the 2022 Wooden Street Light Pole Replacement Project No. 2018-26 are hereby approved and adopted. Section 5. In accordance with California Public Contract Code Section 20160 et seq. and following any other applicable laws, the bids for the Project are accepted, and Nema Construction is hereby found to be the lowest responsive and responsible bidder and any irregularities in such bid are waived in accordance with applicable law. Section 6. The City Manager is hereby authorized and directed to execute an agreement between Nema Construction and the City of Rohnert Park for the Project in the amount of Four Hundred Forty Thousand, Seven Hundred Dollars ($440,700), which has been prepared by the City and is attached hereto as Exhibit "A." The City Manager is hereby authorized and directed to take all actions necessary to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution of the agreement in substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager or City Attorney. Section 7. The City Manager is authorized to sign Contract Change Orders up to ten percent (10%) of the construction contract award amount. Section 8. City staff is hereby directed to issue a Notice of Award to Nema Construction for the Project. Section 9. This Resolution shall become effective immediately. Section 10. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 8th day of August, 2023. CITY OF ROHNERT PARK __.---) ,....,2 (------ _ ATTEST: :aman .. 'odriguez Mayo Sylvia Lopez C , ' Clerk ELWARD: it GIUDICE: A-SANBORN: HOLLINGSWORTH ADAMS: RODRIGUEZ: AYES: (5 ) NOES: (92) ABS T: ( 9:)) ABSTAIN: ( 32)) Resolution 2023-062 Page 2 of 2