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Home My WebLink AboutAgenda Bill 2.A 10/18/2010III ~ r i~ 'I~II'm~ i I "~ I dti I. !Il+a hal ~~~' ~~a~li ~~~ ,SIN',, ~ i ~ ,~°. ii„ r. I ~ I,~I q II ~~~. 71 ~ ~ I ~ ~~~ I I Ib m ~~ ai ~ ~ I ~ I ~~~ a ~ ~~ I.. I ~ I ~ '0~ II ~i 6 ~~ ~ °' ~ ~n il~ ,di ~ ~ u. ~. ,~a. w~AL U~ ~ .ItE~ #2 ~ a '~, X86$, DATE: ®ctober 18, 2010 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Larry B. Anderson, Fire Chief SUBJECT: Resolution Accepting Completion of Work by the City's Weed Abatement Contractor and Authorizing the City .clerk to File a Notice. of Completion with the y erk's Office and Authorizing City Staff to Release the 10% Retention Fee for Services Performed by the City's Weed Abatement Contractor REC®MMENDA'd'ION It is recommended that the City Council adopt the attached Resolution 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. BACI~GROUNI) As expressly written in the Professional Services Agreement ("PSA") entered into and effective as of May 19, 20.10 between the City of Petaluma and'its current weed abatement contractor, Giusti Ranch, ten percent (10%) of the funds invoiced are withheld as retention until the end of each season at which time the Fire Marshal's Office: determines that, all work performed during the weed abatement season has been completed to the.satisfaction of all interested parties. When work is deemed. complete, the ten percent (10%) retention is released to the contractor. A notice of completion is'also filed with the Sonoma County Clerk's Office. IDISCUSSION The current City weed abatement contractor, Giusti Ranch, provided timely and complete. invoices to the Fire Nlarshal'~s ~Olffice for all work completed throughout the 2Q10 weed season. Invoices~~ covered' se'~uen (Z^) bi~ll'ing cycles and each invoice was processed through the Finance Department and payment for- each parcel abated was billed out .either to a City Department or to a private party:.. The Finance Department was directed to provide payment directly to Giusti Ranch for each invoice in the form of a check, minus ten percent (10%). All parties are aware Agenda Review: City Attorney Finance Director City Manager and informed. that the ten percent (10%) .retained fee would be returned to the City's contractor upon successful completion of the season's weed abatement program. Weed abatement work and billing for the 2010 season.has concluded and it is requested that the City Clerk file a notice of completion with the Sonoma County Clerk's Office and direct the Finance Department to release the ten percent (10%) retention fee ($3,606.88) owed to the City's contractor, Giusti Ranch. FINANCIAL. IMPACTS The weed abatement program is a 100% cost: recovery programm. Direct costs of abatement are charged based on actual .costs to clear the' parcels, Aper-parcel .administrative fee is added to each parcel to cover the cost of the weed ~ab~aYement. inspector, program management and clerical support: The administrative fee for the weed abatement program is $160 per parcel, and is based on the City's actual and reasonable costs of administering the program. The fee is approved by City Council Resolution and is identified in the City's adopted schedule of fees for services. All direct and administrative costs are recovered through payment by the individual property owner(s) and/or collection of special assessments against the specific parcels by the County Assessor in connection with property tax payments. This season, fifty (50) City-owned parcels were abated by the request of the following City Departments: Public Works (10), Fire (1), Housing (1), Re-Development (1) and Water Resources (37) and the cost of abatement was paid for by the properly charged city account or LAD. In addition, twenty-seven (27) private parcels required abatement and each was separately invoiced through the Fire Prevention Contract Services account. Non-paying parcels are forwarded to the County Assessor for collection in connection with property tax payments. AB"I'ACIIMENTS 1. Resolution. RESOLUTION ACCEP~'ING 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, Section 20162.of the California Public Contract Code 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 10, 2010 in accordance with California Public Contract Code Section 4104.5 and other applicable law, and the apparent low bid for the Project was the bid of Giusti Ranch in the amount. of $31,027.50 for the Work as described below: Disking Tractor Mowing Hand Work Blade Work Travel Time/Pulling Fee $57.50 per hour $57.50 per hour $30.00 per hour $40.00 per hour $20.00 per pull; and WHEREAS, by Resolution No. 2010-055 N.C.S. adopted April 19, 2010, the City Council of the City of Petaluma found the bid of $31,027.50 for the Project to be the lowest responsive bid and awarded the Project to Giusti Ranch for the hourly amounts listed above conditioned on Giusti Ranch 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 2010 and 2011. WHEREAS, on May 19, 2010, the City Council entered into a Professional Services Agreement with Giusti Ranch of Forestville, CA for the 2010 and 2011 Weed Abatement Seasons; and WHEREAS, Giusti Ranch made timely work order submissions and effectively completed the project, without change orders or amendments, and without exceeding the total 3 I. i. i ~ 'L.. ~. compensation amount of $5'S';g00 as expressly writfen'n the Professional Services Agreement; and WHEREAS, the finale contract amount for the Abatement of Weeds for 2010, including all work orders, is ~$36,0~68.75; and WHEREAS, City staff has inspected the Project and determined that Giusti Ranch has completed all the work'for the 201"0-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'. others obligafioris pursuant to the contract; and ,, WHEREAS, based on the; foregoing, staff recom .mends acceptance and conclusion of the . ~. :~ ,, Project on behalf of the City;. t: NOW, THEREFQRE,, >BE IT RESO><YED,; by the .City Council of the City of Petaluma as follows: 1. The contract entitled the 2010 Weed Abatemerit:Season with a final contract amount' of $36;068 75 is accepted as complete subject to ~~the Contractor's continuing warranty and other obligations pursuant to the contract. 2. The City Cle'rk.`is hereby authorized'. acid directed fo 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 Departmentis hereby authorized to release all'undisputed ° ~' ' • retention.{10%, equal to $3,606.88) not subject to pending change orders within forty_f ve (45) days of the .date of this Resolution and in accordance with the terms of the Project contract, California Public Contract Code Section 7107 and applicable law;