HomeMy WebLinkAboutStaff Report 3.B 10/05/2015Agenda Item #3.B
DATE: October 5, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Leonard Thompson, Fire Chief GvY
Cary D. Fergus, Fire Marshal
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
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
RECOMMENDATION
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.
BACKGROUND
This season, two City -owned parcels were abated by the request of the following City
Departments or Divisions: Housing (1) and Fire Department (1). The cost of abatement on City
parcels was allocated to the appropriate City budget/cost center. In addition, seventeen 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.
As expressly written in the Professional Services Agreement entered into and effective as of May
7, 2014 between the City of Petaluma and its current weed abatement contractor, Keystone
Tractor Service, ten percent 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 retention is released to the contractor. A notice of
completion is also filed with the Sonoma County Cleric's Office.
DISCUSSION
The current City weed abatement contractor, Keystone Tractor Service, provided timely and
complete invoices to the Fire Marshal's Office for all work completed throughout the 2015 weed
season. Invoices covered five billing cycles and each invoice was processed through the Finance
Department. 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 Keystone
Tractor Service for each invoice in the form of a check, minus ten percent. All parties are aware
and informed that the ten percent retained fee is returned to the City's contractor upon successful
completion of the season's weed abatement program. Weed abatement work and billing for the
2015 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
retention fee ($728.00) owed to the City's contractor, Keystone Tractor Service.
FINANCIAL IMPACTS
The 2015 costs for services provided by the weed abatement contractor are $7,280.00 and 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. The weed abatement program is structured to be a 100% cost recovery program.
Direct costs of abatement are charged based on actual costs to clear the parcels. A per -parcel
administrative fee is added to each parcel to cover the cost of the weed abatement inspector,
program management and clerical support and those costs are recovered as well. The
administrative fee for the weed abatement program is $190 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.
ATTACHMENT(S)
Resolution.
Attachment 1
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
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 February 27, 2014 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
Tractor Mowing
Hand Work
Blade Work
Travel Time/Pulling Fee
$45.00 per hour
$45.00 per hour
$20.00 per hour
$60.00 per hour
$50.00 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 $25,625 for the work for a
single season; and
WHEREAS, by Resolution No. 2014-054 N.C.S. adopted April 7, 2014, the City
Council found the bid amount of $25,625.00 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 execute the Project contract; and
WHEREAS, on May 7, 2014, the City entered into a Professional Services Agreement
with Keystone Tractor Service of Marysville, CA for the 2014 and 2015 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 2014
and 2015 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 2015, including all work
orders, is $7,280.00; and
WHEREAS, City staff has inspected the Project and determined that Keystone Tractor
Service has completed all the work for the 2015 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
The contract entitled Abatement of Weeds with a final contract amount of
$7,280.00 for the 2015 Weed Abatement Season 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 $728.00 (equal to 10% of the funds
expended for the 2015 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.
S_