HomeMy WebLinkAboutRESOLUTION 2025-156 N.C.S. 11/03/2025
Resolution No. 2025-156 N.C.S. Page 1 of 2
Resolution No. 2025-156 N.C.S. of
the City of Petaluma, California
RESOLUTION ACCEPTING COMPLETION OF PHASE 1 OF THE ADA AND SIDEWALK ON-
CALL CONCRETE CONTRACT, AUTHORIZING RELEASE OF RETENTION FOR PHASE 1, AND
AUTHORIZING $300,000 TO GREG NELSON CONSTRUCTION INC. FOR PHASE 2 ON-CALL
CONCRETE
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 ADA and
Sidewalk On-Call Concrete Contract; and
WHEREAS, on January 9, 2025, four (4) bids were received and opened in accordance with applicable
law; and
WHEREAS, by Resolution No. 2025-012 N.C.S., adopted on February 3, 2025, the City Council
awarded the contract to Greg Nelson Construction, Inc., the lowest responsive and responsible bidder, in the
amount of $408,900, conditioned on the timely execution of the project contract and submission of all required
documentation; 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 was constructed in conformity with 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 Phase 1 Project was constructed and cost $310,210.98 based on unit prices for work
done; 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 Phase 1 construction contract for the
Project and release of retention for Phase 1 and award of the Phase 2 contract for $300,000.
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 that the statute of limitations for a CEQA challenge has lapsed. Acceptance of the project falls
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283
Resolution No. 2025-156 N.C.S. Page 2 of 2
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 ADA and Sidewalk On-Call Concrete, by Greg Nelson
Construction, Inc., with a final Phase 1 contract amount of $310,210.98, 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 Phase 1 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.
7. Award the Phase 2 on-call contract for ADA and Sidewalk On-Call Concrete to Greg Nelson Construction
Inc., in the maximum annual amount of $300,000, to the lowest responsive bid, in accordance with the
project bid documents.
8. Authorizes and directs the City Manager to execute the project contract on behalf of the City of Petaluma
upon Greg Nelson Construction’s timely submission of the signed project contract and all other required
documents, including but not limited to executed bonds, certificates of insurance, and endorsements, in
accordance with the project bid documents.
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 3rd day of
November 2025, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES:
ABSENT:
ABSTAIN:
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
Docusign Envelope ID: 9758BE8F-2369-47F1-8A0C-EB42BFDD5283