2025/05/13 City Council Resolution 2025-027 RESOLUTION NO. 2025-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO RESCIND THE AWARD OF THE
CONSTRUCTION CONTRACT TO 345 BUILDERS LLC,AWARD THE
CONSTRUCTION CONTRACT TO FRC INC FOR THE PUBLIC SAFETY MAIN
ROOFTOP PATIO DECK REPLACEMENT PROJECT (PROJECT), PROJECT NO.
2025-02 IN THE AMOUNT OF $481,000,AUTHORIZE THE CITY MANAGER TO
APPROVE UP TO $72,150 (15%) IN CONSTRUCTION CONTRACT CHANGE
ORDERS,AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTIONS 15301 (EXISTING FACILITIES) AND 15302 (REPLACEMENT OR
RECONSTRUCTION) (14 CAL. CODE REGS. §§ 15301 AND 15302)
WHEREAS,the Public Safety Main Building was constructed in 1992 and has two leaking
rooftop patios located on the second floor; and
WHEREAS, the Public Safety Main Rooftop Patio Deck Replacement, Project No. 2025-
02 (Project) was created to replace the two leaking rooftop patio decks with underlying
waterproofing materials and new ceramic tiles; and
WHEREAS, the plans and specifications for the Project were prepared by Strata AP Inc.,
and approved by the City Engineer; and
WHEREAS, consistent with the Public Contract Code, an Invitation for Bids was posted
and published on August 9, 2024 and August 16, 2024; and
WHEREAS, on September 24, 2024 the City Council awarded the construction contract
to Argos Construction; and
WHEREAS, on February 11, 2025 the City Council rescinded its award of the
construction contract to Argos, having found their bid nonresponsive for failing to list
subcontractors with the required certifications and awarded the construction contract to the second
lowest bidder, 345 Builders LLC (345); and
WHEREAS, staff requested the required project specification certifications from 345 and
they were unable to provide one of them because their plaster subcontractor, Redwood Lath and
Plaster, was nonresponsive; and
WHEREAS, 345 requested a subcontractor substitution request because their plaster
subcontractor was nonresponsive; and
WHEREAS, pursuant to Public Contract Code Section 4107, staff mailed a letter to the
nonresponsive subcontractor, Redwood Lath and Plaster, and they timely objected to the
substitution request by 345; and
WHEREAS, staff found that Redwood Lath and Plaster does not hold the required
certification necessary to perform the specialized work on this Project; and
WHEREAS,pursuant to Public Contract Code Section 4110, staff recommends the award
of the construction contract to 345 be rescinded due to their bid having been found nonresponsive;
and
WHEREAS, FRC Inc., is the third lowest responsive and responsible bidder and holds the
required certifications to perform the Project's scope of work; and
WHEREAS,there is sufficient funding in the project to award the construction contract to
FRC Inc. and authorize the City Manager to approve up to $72,150 (15%) in construction contract
change orders.
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.
2. The City Manager is hereby authorized to approve up to $72,150 (15%) in Construction
Change Orders if needed.
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 staff
has filed a notice of exemption with the Sonoma County Clerk— Recorder on October 18,
2024.
4. The plans and specifications for the Project, are on file with the City Clerk, and were
approved and adopted by the Council at its meeting on September 24, 2024.
5. 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.
6. The City Council hereby rescinds its award of the construction contract to 345 Builders
LLC and award the Project to FRC Inc., attached hereto as Exhibit A and incorporated
here, for the sum of Four Hundred Eighty One Thousand Dollars ($481,000) for
construction of the Project in accordance with the bid documents and applicable law upon
submission by FRC Inc., of all documents required pursuant to the Project bid documents.
7. In accordance with California Public Contract Code Section and any other applicable laws,
the City Council of the City of Rohnert Park hereby finds the bid of FRC Inc., for the
Project to be the lowest, responsive, responsible bid and waives any irregularities in the
bid.
8. City staff is hereby directed to issue a Notice of Award to FRC Inc., for the Project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to the same for and on behalf of the City of Rohnert Park, and the
City Attorney's office is authorized to make minor edits to the documents.
DULY AND REGULARLY ADOPTED this 13th day • ay, 2025.
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CITY It 1 ERT PARK
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Ge,. IMPr ►'ayor
Resolution 2025-027
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ATTEST:
S via , Clerk
PR VED A Tp FORM:
c elle . enyon, ity Attorney
Attachments: Exhibit A
ADAMS: It 1 / ELWARD: RODRIGUEZA.U, SANBORN: it I: GIUDICE:
1 S: (5 ) NOE : (52:5.) ABSENT: ( ) ABSTAIN: ( �-
Resolution 2025-027
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