HomeMy WebLinkAboutResolution 2022-194 N.C.S. 12/19/2022 DocuSign Envelope ID:B57F995A-EEEF-4108-B8C5-971AD15C410A
Resolution No. 2022-194 N.C.S.
of the City of Petaluma, California
ACCEPTING COMPLETION OF THE PETALUMA TURNING BASIN DREDGING PROJECT AND
PHASE ONE OF THE MARINA DREDGING PROJECT BY LIND MARINE, INC.,
AND AUTHORIZING RELEASE OF THE 10% RETENTION AND FINDING THIS ACTION IS NOT
A"PROJECT" PURSUANT TO CEQA GUIDELINES SECTION 15304(G) AND 15301
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162, and other applicable law, City staff solicited bids for the Project; and
WHEREAS, the project was bid on August 4, 2022, and two (2) bids were received and opened on August
25, 2022, in accordance with applicable law; and
WHEREAS,by Resolution No 2020-154 N.C.S. adopted on September 19, 2022, the City Council awarded
the contract to the lowest responsible bidder, Lind Marine, Inc. from Petaluma, CA for a base bid of$563,054.58
conditioned on Lind Marine'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 City Council authorized Resolution No. 2022-165 N.C.S. to approve Change Order #1 to
the contract with Lind Marine, Inc. in the amount of up to $1,100,000 to incorporate phase one of the Marina
Dredging Project; and
WHEREAS, the final contract amount, as amended, including all change orders, overruns, and underruns, is
$1,427,104.12; and
WHEREAS, environmental analysis for compliance with the California Environmental Quality Act(CEQA)
was completed on September 19, 2022, when City Council awarded the contacts for the Petaluma Turning Basin
Dredging Project. City Council found the Project exempt under CEQA Guidelines Section 15304(g) (Minor
Alterations to Land)which exempts"maintenance dredging where the spoil is deposited in a spoil area authorized
by all applicable state and federal regulatory agencies," as the dredging of the turning basin and Marina was
determined to be in compliance with all state and federal regulatory agencies; and under CEQA Guidelines
Section 15301 (Existing Facilities) which exempts periodic maintenance dredging which involves negligible or
no expansion of the existing use; 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.
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. Finds that the Environmental analysis for compliance with the California Environmental Quality Act(CEQA)
was completed on September 19, 2022, when City Council awarded the contract for the Turning Basin
Dredging Project. City Council found the Project was exempt under CEQA Guidelines Section 15304(g)
(Minor Alterations to Land) which exempts "maintenance dredging where the spoil is deposited in a spoil
area authorized by all applicable state and federal regulatory agencies" as the dredging of the turning basin
complied with all state and federal regulatory agencies. As well as CEQA Guidelines Section 15301 (Existing
Resolution No. 2022-194 N.C.S. Page 1
DocuSign Envelope ID:B57F995A-EEEF-4108-B8C5-971AD15C410A
Facilities) which exempts periodic maintenance dredging which involves negligible or no expansion of the
existing use. Moreover, there are no cumulative impacts, unusual circumstances, or other factors that would
make the exemption inapplicable.
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.
3. Accepts as complete the contract titled Petaluma Turning Basin Dredging Project, Project No. C14402010,
with the final contract amount of$1,427,104.12, subject to the Contractor's continuing warranty and other
obligations pursuant to the contract.
4. 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.
5. 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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 19th day of December DocuSigned tcorm:
2022,by the following vote:
15EFMAr-ff�OAIRorney
AYES: Barrett,Barnacle,Fischer,Healy,King,McDonnell,Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned
�Qby:
-,,�,�ll
ATTEST: 1-tmsx I/A�' t
City Clerk Mayor
Resolution No. 2022-194 N.C.S. Page 2