2023-087 NOC Pavement Rehab Overlay & Slurry Seal Project CS22ARESOLUTION 2023-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, ACCEPTING THE FY 2021-22 PAVEMENT REHABILITATION
OVERLAY AND SLURRY SEAL PROJECT (CS22A)
WHEREAS, the City Council accepts public improvement projects for the City; and
WHEREAS, on August 24, 2022, the City Council of the City of Encinitas awarded a
contract to Eagle Paving Company, Inc. (Contractor) for construction of the FY 2021-22 Pavement
Rehabilitation Overlay and Slurry Seal Project (Project); and
WHEREAS, a review has determined that the Contractor completed said public
improvements to the satisfaction of the City in substantial conformance to the Project’s plans and
specifications and the requirements of the Engineering Department; and
WHEREAS, no additional work remains to be done on the Project; and
WHEREAS, Contractor requests that the City accept the public improvements and release
the bonds filed with the City for said public improvements; and
WHEREAS, the City Council desires to:
A. Accept the public improvements for the Project to the satisfaction of the City in
accordance with the Project’s plans and specifications and the requirements of the
Engineering Department.
B. Direct the City Clerk to file a Notice of Completion for the Project dated August 23,
2023 with the Office of the San Diego County Recorder.
C. Direct the City Clerk to release the full amount of the Payment Bond for the Project
upon the recording of the Notice of Completion.
D. Further direct the City Clerk to release the full amount of the Performance Bond for
the Project one (1) year after the Notice of Completion has been recorded, provided
that no valid claims relating to materials and/or workmanship for the Project are filed
prior to that date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas, that
the foregoing recitals are true and correct, and the public improvements for the FY 2021-22
Pavement Rehabilitation Overlay and Slurry Seal Project are accepted.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this action is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of CEQA
Guidelines, as an organizational or administrative activity of government that will not result in a
direct or indirect physical change in the environment.
PASSED, APPROVED AND ADOPTED this 23rd day of August 2023, by the City Council
of the City of Encinitas, State of California.
Tony Kranz, Mayor
DocuSign Envelope ID: E5764ED8-743A-49E6-A7AC-33545B749F04
ATTEST:
Kathy Hollywood, City Clerk
APPROVED AS TO FORM:
Tarquin Preziosi, City Attorney
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby
certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular
meeting of the City Council on the 23rd day of August 2023 by the following vote:
AYES: Blackwell, Ehlers, Kranz, Lyndes
NOES: None
ABSENT: Hinze
ABSTAIN: None
Kathy Hollywood, City Clerk
DocuSign Envelope ID: E5764ED8-743A-49E6-A7AC-33545B749F04