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2025/04/08 City Council Resolution 2025-019RESOLUTION NO.2025-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO AWARD THE CONSTRUCTION CONTRACT FOR THE COPELAND CREEK TRAIL TO CRANE CREEK PROJECT NO.2007-19 TO ARGONAUT CONSTRUCTORS, INC. FOR $2,311,839, AUTHORIZE THE CITY MANAGER TO APPROVE CONSTRUCTION CHANGE ORDERS UP TO 15% OF THE ORIGINAL CONTRACT VALUE, APPROVE THE PLANS AND SPECIFICATIONS, AUTHORIZE THE CITY MANAGER TO APPROVE AMENDMENT NO. 2 TO THE DUDEK AGREEMENT IN THE AMOUNT NOT TO EXCEED $52,570 AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $700,000 FROM THE PATHWAY REPAVING PROJECT CIP1722 WHEREAS, in 2007, as part of the City's Capital Improvement Program, the City Council approved the Copeland Creek Trail to Crane Creek Project No. 2007-19 ("Project"); and WHEREAS, the City desires to construct the Project, a multi -use trail that will connect the eastern end of the Copeland Creek Trail on the Sonoma State University campus to Crane Creek Regional Park; and WHEREAS, on February 25, 2020, the City Council approved the Initial Study and Mitigated Negative Declaration (MND) Document, for the Project, committing the City to implement mitigation measures outlined in the MND and the Mitigation and Monitoring Reporting Program (MMPR) to avoid, mitigate and/or reduce to a less -than -significant level, impacts on biological resources, cultural resources, hazards, and hazardous materials in the project area; and WHEREAS, on June 14, 2022, the City Council approved the Streambed Alteration Agreement (EPIMS-SON-15175-R3) and approved the agreement for purchase of habitat mitigation riparian credits from East Austin Creek Conservation Bank Site for the Project; and WHEREAS, on March 6, 2023, the City Manager and Dudek entered into a consultant services agreement for environmental services for the Project and authorized through Resolution No.2022-052, a payment amount not to exceed forty-two thousand two hundred forty-two dollars ($42,242); and WHEREAS, on December 16, 2024, the City Manager signed Amendment No.1 to the March 6, 2023 Dudek consultant services agreement for environmental services for the Project and authorized through Resolution No.2022-052, a payment amount not to exceed an additional eight thousand one hundred fifty two dollars ($8,152); and WHEREAS, staff is recommending authorization for the City Manager to approve Amendment No.2 to the March 6, 2023 Dudek Consultant Services Agreement in a not -to - exceed amount of fifty-two thousand five hundred seventy dollars ($52,570), to provide environmental monitoring services during construction, consistent with the approved Project MND; and WHEREAS, the plans and specifications for the Project were prepared by Brelje & Race, and approved by the City Engineer; and WHEREAS, consistent with the City's bidding requirements, an invitation for bids was posted on January 8, 2025 and published on January 10, 2025 and January 17, 2025, for the Project; and WHEREAS, eight sealed bids were received on the Project bid opening date of February 6, 2025, and were publicly opened; and WHEREAS, staff reviewed the bids and determined that Argonaut Constructors, Inc. was the apparent low bidder; and WHEREAS, the technical specifications in the bid documents required prospective bidders to identify the long span bridge supplier in their bid submittal, and it was found that the identification of the bridge supplier was not included in Argonaut's bid documents; and WHEREAS, staff recommends that the City Council find this omission to be immaterial because there was no location on the Bid Form for bidders to list the bridge supplier, only 2 of the 8 bids received included this information in the bid, and Argonaut has confirmed that its bridge supplier, True North Steel, was on the list of acceptable bridge suppliers in the bid documents; and WHEREAS, staff has determined that Argonaut Constructors, Inc. submitted the lowest responsive and responsible bid with an amount of $2,311,839, and WHEREAS, due to the potential for encountering unforeseen conditions while building the trail, staff recommends that the City Council authorize the City Manager to sign Contract Change Orders up to 15% of the original construction contract value, and WHEREAS, there is a budget shortfall of $700,000 for construction, and WHEREAS, the Pavement Repaving Project CIP1722 has $650,000 of Fund F4609 Rohnert Park Foundation and $50,000 of Fund F4607 Neighborhood Upgrade available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve as follows: 1. The above recitals are true and correct and material to this Resolution. 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. 2. An Initial Study and Mitigated Negative Declaration (MND) was prepared for the Copeland Creek Trail to Crane Creek Project No. 2007-19. The MND was circulated for a 30-day public review period from January 10, 2020, to February 11, 2020. A Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Project to ensure all environmental mitigation measures are implemented. No further action is required prior to awarding this contract. 3. The plans and specifications for the Copeland Creek Trail to Crane Creek Project No. 2007- 19, are on file with the City Clerk, and are hereby approved and adopted. 4. In accordance with California Public Contract Code and any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of Argonaut Constructors Inc. for the Project to be the lowest, responsive and responsible bid and waives any irregularities in such bid in accordance with applicable law. 5. The City Manager is hereby authorized and directed to execute the contract with Argonaut Constructors Inc., in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of two million three hundred eleven thousand Resolution 2025-019 Page 3 of 2 eight hundred thirty nine dollars ($2,311,839) for construction of the project in accordance with the bid documents and applicable law upon submission by Argonaut Constructors Inc., of all documents required pursuant to the project bid documents. 6. The City Manager is hereby authorized change order authority of up to $231,183 (10%) for the project. 7. The Finance Director is hereby authorized to execute a Budget Amendment from the Pavement Repaving Project CIP1722 in the amount of $650,000 of Fund F4609 Rohnert Park Foundation and $50,000 of Fund F4607 Neighborhood Upgrade to the Trail to Crane Creek Project CIP0719. 8. City staff is hereby directed to issue a Notice of Award to Argonaut Constructors, Inc. for this Project. 9. The City Manager is hereby authorized to execute Amendment No. 2 to the March 6, 2023 Dudek consultant services agreement as shown in Exhibit B for a not -to -exceed amount of fifty-two thousand five hundred seventy dollars ($52,570). 10. This Resolution shall become effective immediately. 11. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid or 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 or unenforceable. 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 sections, subsections, clauses, sentences, phrases or other portions may be held invalid or unconstitutional. BE IT FURTHER RESOLVED that the City Manager 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 o rril, 2025. CITY (OiNERT PARK ATTEST: Sylvia Lopez Cuevas, City Clem ED O FORM: c elle NY Kenyon, City Attorney ADAMS: LWARD: vy`RODRIGUEZ:,?4a SANBORN� GIUDIC AY S. ( ) NOELS. (�) ABSENT: (r frl ABSTAIN: (� Resolution 2025-019 Page 3 of 3