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HomeMy WebLinkAboutStaff Report 3.B 10/03/2016Agenda Item #3.B 196 DATE: October 3, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Leonard Thompson, Fire Chief 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 Recorder'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 Recorder'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, six 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 3, 2016 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 Recorder'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 2016 weed season. Invoices covered four 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 2016 season has concluded and it is requested that the City Clerk file a notice of completion with the Sonoma County Recorder's Office and direct the Finance Department to release the ten percent retention fee ($272.00) owed to the City's contractor, Keystone Tractor Service. FINANCIAL IMPACTS The 2016 costs for services provided by the weed abatement contractor are $2,720.00 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) 1. Resolution. ,Z-- Attachment I 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 RECORDER'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 2, 2016 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 $15.00 per hour $50.00 per hour $20.00 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 $21,125.00 for the work for a single season; and WHEREAS, by Resolution No. 2016 -047 N.C.S. adopted April 4, 2016, the City Council found the bid amount of $21,125.00 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 3, 2016, the City entered into a Professional Services Agreement with Keystone Tractor Service of Marysville, CA for the 2016 and 2017 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 2016 and 2017 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 2016, including all work orders, is $2,720.00; and WHEREAS, City staff has inspected the Project and determined that Keystone Tractor Service has completed all the work for the 2016 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 $2,720.00 for the 2016 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 Recorder's Office within ten (10) days of the date of this Resolution. The Finance Department is hereby authorized to release remaining undisputed retention in the amount of $272.00 (equal to 10% of the funds expended for the 2016 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.