HomeMy WebLinkAboutResolution 2022-172 N.C.S. 11/07/2022 DocuSign Envelope ID:FEC8D8D1-A193-4104-BODF-2FO86AB346CD
Resolution No. 2022-172 N.C.S.
of the City of Petaluma, California
ACCEPTING COMPLETION OF THE WESTRIDGE TRAIL PROJECT (C14502216)
BY PAT NELSON CONSTRUCTION,INC.
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162, and other applicable laws, City staff solicited bids for the Westridge Trail Project;
and
WHEREAS, the project was bid on December 9, 2021, and five (5) bids were received and opened on
January 6, 2022, in accordance with applicable law; and
WHEREAS,the lowest responsible base bid for the project was submitted by Pat Nelson Construction, Inc.,
from San Francisco, CA for$189,401 with a contingency of$100,000; and
WHEREAS,by Resolution No 2022-025 N.C.S. adopted February 28, 2022, the City Council found the bid
of$189,401 for the project to be the lowest responsive bid with a $100,000 contingency, awarded the project to
Pat Nelson Construction, Inc., conditioned on Pat Nelson Construction, Inc.'s timely executing the project
contract and submitting all required documents and authorized and directed the City Manager to sign the project
agreement on behalf of the City; and
WHEREAS, the contract was incorrectly awarded for $298,401, not $289,401 per Council resolution. Two
change orders corrected this discrepancy as well as including needed additional materials used including asphaltic
concrete, aggregate base, and concrete, for trail neighborhood connections and enhancements, and ADA
improvements; and
WHEREAS, the following contract change orders for various improvements including additional materials
and fence re pair during construction for the amount below have been approved:
Cost
Change Order 1 $ 64,376
Change Order 2 - $ 77,478
Total Change Orders - $ 13,102; and
WHEREAS, the final contract amount, as amended, including bid alternate #1, all change orders, overruns,
and underruns, is $285,299, and is within the approved project budget of$289,401; and
WHEREAS,the project is exempt pursuant to the California Environmental Quality Act("CEQA")pursuant
to Title 14, the California Code of Regulations ("CEQA Guidelines"), Section 15301, as the minor alteration of
existing public facilities with negligible or no expansion in use and there are no cumulative impacts, unusual
circumstances,or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section
15300.2; and
WHEREAS, accepting the completion of the project does not constitute a project pursuant to CEQA
Guidelines Section 15378 because the action does not have the potential for resulting in either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the adopted FY 21/22 CIP budget is sufficient to complete the project as bid.
Resolution No. 2022-172 N.C.S. Page 1
DocuSign Envelope ID: FEC8D8Dl-A193-4104-BODF-2FO86AB346CD
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby:
1. Declares that the above recitals are to be true and correct and are incorporated into this resolution as findings
of the City Council.
2. Accepts the Traffic Engineer's findings that the quantities were reviewed and found that the accepted work
meets the approved plans.
3. Finds that the Project is exempt pursuant to the California Environmental Quality Act("CEQA")pursuant to
Title 14, the California Code of Regulations ("CEQA Guidelines"), Section 15301, as the minor alteration of
existing public facilities with negligible or no expansion in use and there are no cumulative impacts, unusual
circumstances, or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines
Section15300.2.
4. Further, accepting the completion of the project does not constitute a project pursuant to CEQA Guidelines
Section 15378 because the action does not have the potential for resulting in either a direct physical change
in the environment or a reasonably foreseeable indirect physical change in the environment.
5. Accepts as complete the contract titled Westridge Trail Project,Project No.C 14502216,with the final contract
amount of $285,299, subject to the contractor continuing warranty and other obligations pursuant to the
contract.
6. Finds that the Project was prepared in conformity with the standards and design previously approved before
City Council and City staff exercising its discretionary authority to approve the plan or design.
7. Authorizes and directs the City Clerk to file a Notice of Completion concerning the project with the Sonoma
County Clerk's office within ten (10) days of the date of this resolution.
8. Authorizes and directs staff to release all undisputed retention not subject to pending change orders within
sixty(60)days of the date of this resolution and in accordance with the terms of the project contract,California
Public Contract Code Section 7107, and applicable law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council Approved as to
of the City of Petaluma at a Regular meeting on the 7"day of November 2022,by F7fahnedn.
the following vote:
i`ney
AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,Healy,McDonnell
NOES: None
ABSENT: King
ABSTAIN: None
DocuSigned by: DocuSigned by:
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ATTEST: P t�r I-LMSA, bmytff
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