HomeMy WebLinkAboutRESOLUTION 2025-089 N.C.S. 07/07/2025
Resolution No. 2025-089 N.C.S. Page 1
Resolution No. 2025-089 N.C.S.
of the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF THE SWIM CENTER POOL REPLASTERING
PROJECT (C14502320) BY BURKETT’S POOL PLASTERING, INC., AND AUTHORIZING
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 law, City staff solicited bids for the Swim Center
Pool Replastering Project (C14502320); and
WHEREAS, on Tuesday, October 15, 2024, three (3) bids were received and opened in accordance with
applicable law; and
WHEREAS, by Resolution No. 2024-142 N.C.S., adopted on November 18, 2024, the City Council
awarded the contract for the Project to Burkett’s Pool Plastering, Inc., the lowest responsive and responsible
bidder, in the amount of $480,518 conditioned on the timely execution of the project contract and submission of
all required documentation; and
WHERAS, during construction, the City authorized five (5) change orders totaling $75,056, resulting in
a final contract amount of $555,574; and
WHEREAS, City staff have inspected the work and determined that it has been completed in accordance
with the contract requirements, subject to the contractor’s continuing warranty and other post-completion
obligations under the contract; and
WHEREAS, the Project design and plans, including the change orders, were approved by the Public
Works Director, or a designee that is granted discretionary authority to review plans, specifications, and designs
pursuant to PMC Section 3.04.065; and
WHEREAS, the Project, including the change orders, was constructed in conformity of the plans and
approved by a designee that is granted discretionary authority to review plans, specifications, and designs pursuant
to PMC Section 3.04.065; and
WHEREAS, the City previously found the project to be categorically exempt from the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities and
Section 15301(f), as it includes the addition of safety and public health features. It is also exempt under Section
15302 – Replacement or Reconstruction because the project involves maintenance of existing infrastructure with
no expansion of use/replacement of public facilities/minor alterations to land; and
WHEREAS, acceptance of the completed construction work is not a separate project under CEQA but
instead is an administrative action consistent with CEQA Guidelines Section 15378(b)(5); and
WHEREAS, staff recommends acceptance of completion of the construction contract for the Project.
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.
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Resolution No. 2025-089 N.C.S. Page 2
2. Finds that the statute of limitations for a CEQA challenge has lapsed. Acceptance of the project falls
within the City Council’s previous CEQA determination when it awarded the project. At that time, the
City Council found the project to be categorically exempt pursuant to the California Environmental
Quality Act (“CEQA”), under Article 19, Section 15301(b), 15301(f), and 15302, of Title 14 of the
California Code of Regulations (“CEQA Guidelines”), because the project consists of repair,
maintenance, and minor alteration of existing public facilities involving negligible or no expansion of
existing or former use. A Notice of Exemption was filed with the County of Sonoma on November 21,
2024.
3. Finds that acceptance of the completed project does not constitute a “project” under CEQA, pursuant to
CEQA Guidelines Section 15378(b)(5), as it is an administrative activity with no direct or reasonably
foreseeable indirect physical change in the environment.
4. Accepts as complete the contract titled Swim Center Pool Replastering Project, by Burkett’s Pool
Plastering, Inc., with a final contract amount of $555,574, subject to the contractor’s continuing warranty
and other obligations pursuant to the contract.
5. Authorizes and directs the City Clerk to file a Notice of Completion for the project with the Sonoma
County Clerk’s Office within ten (10) days of adoption of this resolution, in accordance with California
Civil Code Section 9204 and Public Contract Code Section 7107.
6. Authorizes and directs staff to release all undisputed retention not subject to pending change orders within
sixty (60) days, in accordance with the terms of the project contract, the Petaluma City Charter, 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 of the City of Petaluma at a Regular meeting on the 7th day of July 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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