HomeMy WebLinkAboutRESOLUTION 2025-110 N.C.S. 07/21/2025
Resolution No. 2025-110 N.C.S. Page 1
Resolution No. 2025-110 N.C.S.
of the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF THE SHOLLENBERGER OUTDOOR
CLASSROOM & KIOSK IMPROVEMENTS PROJECT (C14502012) BY PRECISION EXCAVATING
AND GRADING, 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 laws, the City of Petaluma solicited bids for the
Shollenberger Outdoor Classroom & Kiosk Improvements Project (C14502012) (“Project”); and
WHEREAS, bids for the Project were opened on Tuesday, October 8, 2024, 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 Precision Excavating and Grading, Inc.
in the amount of $87,866.90; and
WHEREAS, by Resolution No. 2024-139 N.C.S., adopted on November 4, 2024, the City Council of the
City of Petaluma awarded the Project to Precision Excavating and Grading, Inc., the lowest responsive and
responsible bidder, in the amount of $87,866.90, conditioned on the timely execution of the project contract and
submission of all required documentation; and
WHEREAS, during construction, the City authorized three (3) change orders totaling $20,560.37 resulting
in a final contract amount of $108,427.27; 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 order(s), 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 order(s), 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 Sections 15301 (Existing Facilities) and
15303 (Small Structures) as improvements were made within an existing park facility, and the new features—
including the kiosk and Shollenberger Outdoor Classroom—are small in scale and consistent with the existing
use of the site; 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.
Docusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D
Resolution No. 2025-110 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 was awarded the project. When Council awarded the project
Council found that the project was categorically exempt pursuant to CEQA Guidelines Sections 15301,
Existing Facilities, and 15303, Small Structures, because the educational area will use existing space in the
park, the new structures will be small and consistent with the existing park features, and the project will not
have any significant negative impacts on the environment. There is negligible or no expansion of use beyond
what currently exists, and there are no cumulative impacts, unusual circumstances, or other factors that would
make the exemption inapplicable.
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 entitled Shollenberger Amphitheater & Kiosk Improvements, Project No.
C14502318, by Precision Excavating and Grading, Inc., with a final contract amount of $108,427.27, subject
to the Contractor’s continuing warranty and other obligations pursuant to the contract.
5. Authorizes and directs the City Clerk/Recording Secretary to file a Notice of Completion concerning 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 21st day of June 2025,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Shribbs
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
Docusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D