HomeMy WebLinkAboutResolution 2013-137 N.C.S. 10/7/2013 Resolution No. 2013-137 N.C.S.
of the City of Petaluma, California
ACCEPTING COMPLETION OF WORK BY THE CITY'S WEED
ABATEMENT CONTRACTOR AND AUTHORIZING THE CITY CLERK TO
FILE A NOTICE OF COMPLETION WITH THE SONOMA COUNTY CLERK'S
OFFICE AND AUTHORIZING CITY STAFF TO RELEASE THE 10%
RETENTION FEE FOR SERVICES PERFORMED BY
THE CITY'S WEED ABATEMENT CONTRACTOR
WHEREAS, in accordance with Section 68 of Article X of the City of Petaluma Charter,
and other applicable law, the City of Petaluma solicited bids for the Abatement of Weeds (a two-
year contract) ("the Project"); and,
WHEREAS, bids for the Project were opened on March 7, 2012 in accordance with
applicable law, and the apparent low bid for the Project was the bid of Keystone Tractor Service
based on the hourly rates submitted with that bid as specified below:
Disking $45.00 per hour
Tractor Mowing $45.00 per hour
Hand Work $30.00 per hour
Blade Work $40.00 per hour
Travel Time/Pulling Fee $40.00 per pull; and,
WHEREAS, applying the hourly rates submitted with the apparent low bid to the
estimated number of needed hours of weed abatement work specified in the bid solicitation for a
single weed abatement season resulted in a bid amount of$28,375.00 for the Work for a single
season; and,
WHEREAS, by Resolution No. 2012-042 N.C.S. adopted April 16, 2012, the City
Council of the City of Petaluma found the bid amount of$28,375.00 for the Project to be the
lowest responsive bid and awarded the Project to Keystone Tractor Service at the hourly rates
listed above conditioned on Keystone Tractor Service timely executing the Project contract and
submitting all required documents, and subsequently authorized and directed the City Manager
to sign the Project contract on behalf of the City for the Weed Abatement.Program for 2012 and
2013.
Resolution No. 2013-137 N.C.S. Page 1
WHEREAS, on May 8, 2012, the City Council entered into a Professional Services
Agreement with Keystone Tractor Service of Marysville, CA for the 2012 and 2013 Weed
Abatement Seasons; and,
WHEREAS, the Professional Services Agreement with Keystone Tractor Service
specified a not-to-exceed amount for payments under the contract of$55,000 for the 2012 and
2013 weed abatement seasons, with the not-to-exceed amount based on the hourly rates in the
bid applied to the estimated amount of weed abatement work required for two weed abatement
seasons; and,
WHEREAS, Keystone Tractor Service made timely work order submissions and
effectively completed the project, without change orders or amendments, and without exceeding
the not-to-exceed amount of$55,000 as expressly written in the Professional Services
Agreement; and,
WHEREAS, the final amount for the Abatement of Weeds for 2013, including all work
orders, is $8,341.25, which, when added to the final amount for the Abatement of Weeds for
2012 of$16,286.25 results in a total amount expended under the contract of$24,627.50 covering
the 2012 and 2013 weed abatement seasons; and,
WHEREAS, the final amount expended under the contract of$24,627.50 is significantly
less than the contract not-to-exceed amount of$55,000 in part as a result of the weed abatement
work for the 2012-2013 weed abatement seasons required on City property having been
separately contracted for by the Public Works and Utilities Department; and,
WHEREAS, City staff has determined that Keystone Tractor Service has completed all
the Contract weed abatement work for the 2012 and 2013 Weed Abatement Season to the
satisfaction of the Fire Marshal's Office and in accordance with the contract requirements
subject to the Contractor's continuing warranty and other obligations pursuant to the contract;
and,
WHEREAS, based on the foregoing, staff recommends acceptance and conclusion of the
Project on behalf of the City.
Resolution No: 2013-137 N.C.S. Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The contract entitled Abatement of Weeds with a final contract amount of$24,627.50
is accepted as complete subject to the Contractor's continuing warranty and other
obligations pursuant to the contract.
2. The City Clerk is hereby authorized and directed to sign and file a Notice of
Completion concerning this Project with the Sonoma County Clerk's Office within
ten (10) days of the date of this Resolution.
3. The Finance Department is hereby authorized to release remaining undisputed
retention in the amount of$834.13 (equal to 10% of the funds expended for the 2013
weed abatement season) less amounts that should be retained to cover pending stop
notices, third party claims or other offsets, if any, within forty-five (45) days of the
date of this Resolution and in accordance with the terms of the Project contract 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 Approyed as to
Council of the City of Petaluma at a Regular meeting on the 7111 day of October,
2013,by the following vote:
City Atte ey
AYES: Barrett, Mayor Glass. Harris.Healy. Kearney, Miller
NOES: None
ABSENT: Vice Mayor Albertson
ABSTAIN: None
' I i �y,
���I a."AIIES7: �f
City Clerk Mayor
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