HomeMy WebLinkAboutRESOLUTION 2025-025 N.C.S. 03/17/2025
Resolution No. 2025-025 N.C.S. Page 1
Resolution No. 2025-025 N.C.S.
of the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF THE PARKS ACCESS IMPROVEMENTS
PROJECT (C14502318) AT MCDOWELL PARK, LA TERCERA PARK, AND MCNEAR PARK BY
SCHAEFER ENGINEERING, INC AND RELEASE OF RETENTION
WHEREAS, in accordance with Section 68 of Article X of the City of Petaluma Charter, Section 20162 of
the California Public Contract Code, and other applicable laws, the City of Petaluma solicited bids for the Parks
Access Improvements Project (C14502318) (“Project”); and
WHEREAS, bids for the Project were opened on Thursday, November 16, 2023, in accordance with
California Public Contract Code Section 4104.5 and other applicable laws; and
WHEREAS, the apparent low bidder for the Project was the bid of Schaefer Engineering, Inc. in the amount
of $225,900.00; and
WHEREAS, by Resolution No. 2024-003 N.C.S., adopted January 8, 2024, the City Council of the City of
Petaluma awarded the Project to Schaefer Engineering, Inc., in the amount of $225,900.00, conditioned on
Schaefer Engineering, Inc.’s timely executing the Project contract and submitting all required documents and
authorized and directed the City Manager to sign the Project contract on behalf of the City upon such timely
submission and to execute on behalf of the City any change orders and other amendments to the Project contract
that are necessary to effectively complete the Project and/or to realize the Project and/or cost benefits for the City
so long as such change orders or amendments do not result in an increase in excess of sixty percent of the total
Project amount; and
WHEREAS, five (5) change orders affecting the Project contract amount in the value of $133,982.00 were
issued; and
WHEREAS, the final contract amount as amended, including all change orders as well as cost savings from
scope reductions, is $359,882.00; and
WHEREAS, two (2) of the five (5) change orders, totaling $74,300.00, were paid for by the Pedestrian
Improvements Citywide (C16102032) project, since the scope of work pertained to and was requested by the
public works division, but improved the overall access of these parks for pedestrians; and
WHEREAS, City staff have inspected the Project and determined that it has been completed in accordance
with the contract requirements subject to the Contractor’s continuing warranty and other obligations pursuant to
the contract; and
WHEREAS, in accordance with Government Code Section 830.6, the City Engineer found the Project design
and plans reasonable, including the five change orders; and
WHEREAS, in accordance with Government Code Section 830.6, the Project, including the five change
orders, was constructed in conformity with the plans approved by the City Engineer; and
WHEREAS, based on the foregoing, staff recommends acceptance of the Project on behalf of the City.
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Resolution No. 2025-025 N.C.S. Page 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
1. Finds that the above recitals are true and correct and are incorporated herein as findings of this Resolution.
2. Finds The statute of limitations for a CEQA challenge has lapsed. Accepting the project falls within City
Council’s previous CEQA determination when it awarded the project. When Council awarded the project
Council found that the project was categorically exempt pursuant to the California Environmental Quality Act
(CEQA) Guidelines Sections 15301, Existing Facilities, 15302, Replacement or Reconstruction, and 15304,
Minor Alterations, because the project is limited to the replacement of existing infrastructure within three
existing city parks. All improvements occurred within or immediately adjacent to the current pathways in
areas previously disturbed and improved with park amenities. The project repaired existing surfaces and
provided internal pedestrian connectivity within existing public parks. There was negligible or no expansion
of use beyond what currently exists, and no cumulative impacts, unusual circumstances, or other factors that
would make the exemption inapplicable. Therefore, the project was exempt under Section 15301 (c), repair
and maintenance, Section 15302 (c), replacement or reconstruction of an existing public facility, and Section
15304, as the activity was limited to minor alterations to accommodate safe access at existing City parks.
3. The contract entitled Parks Access Improvements, Project No. C14502318 with a final contract amount of
$359,882.00 is accepted as complete subject to the Contractor’s continuing warranty and other obligations
pursuant to the contract.
4. The City Clerk/Recording Secretary is hereby authorized and directed 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. Staff is hereby authorized and directed to release all undisputed retention not subject to pending change orders
within (60) days of the date of this Resolution and in accordance with the terms of the Project contract, the
Petaluma City Charter, California Public Contract Code Section 7107, and applicable laws.
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 of the City of Petaluma at a Regular meeting on the 17th day of March 2025
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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