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HomeMy WebLinkAboutResolution 2022-166 N.C.S. 10/17/2022 DocuSign Envelope ID:2EEOBF9F-4DDE-4807-AAFA-3F2E1C7F442E Resolution No. 2022-166 N.C.S. of the City of Petaluma, California ACCEPTING COMPLETION OF WORK BY THE CITY'S WEED ABATEMENT CONTRACTOR, 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 FOR WORK PERFORMED BY THE CITY'S WEED ABATEMENT CONTRACTOR WHEREAS, on May 24, 2022, the City entered into a Professional Services Agreement with Land Revision of Petaluma, CA for the 2022 Weed Abatement Season; and WHEREAS,Land Revision submitted invoices based on their rates as specified below: Traditional Methods Hand Weed Whip: (gasoline powered) $65.00/hour Tractor Mowing: $130.00/hour with a 4 hour minimum Dozer fire breaks with disking: $250.00/hour with a 4 hour minimum Trucking w/trailer: $125.00/hour Mastication—Excavator: $300.00/hour with a 4 hour minimum Mastication— Skid Steer: $250.00/hour with a 4 hour minimum 500 Gallon Water Buffalo (fire protection): $100.00/per job, when required Zero Emissions Abatement Hand Weed Whip: (electric powered) $85.00/hour(2 hour maximum run time) WHEREAS, the Professional Services Agreement with Land Revision not-to-exceed amount of 100,000.00 for the 2022 weed abatement season, is updated to reflect the actual cost of weed abatement of$60,417.92; and WHEREAS, California Government Code Section 39577 authorizes the City to recover the costs incurred for enforcing abatement upon these parcels through a special assessment; and WHEREAS, Land Revision made timely work order submissions and effectively completed the project, without change orders or amendments, and without exceeding the not-to-exceed amount of$100,000.00; and WHEREAS,the final amount for the Abatement of Weeds for 2022,including all work orders,is$60,417.92; and WHEREAS, this list of the properties on which Land Revision performed abatement pursuant to its contract with the City is attached to and made a part of this resolution as Exhibit A; and WHEREAS, City staff has inspected the completed work and determined that Land Revision has completed all the work for the 2022 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, compliance with the California Environmental Quality Act (CEQA) for the 2022 weed abatement program was already analyzed at the April 18,2022 City Council meeting and the statute of limitations has ran; and Resolution No. 2022-166 N.C.S. Page 1 DocuSign Envelope ID:2EEOBF9F-4DDE-4807-AAFA-3F2E1C7F442E WHEREAS, this action of accepting completion of the work and releasing retention is exempt from CEQA because it does not constitute a project under CEQA as this action does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378; and WHEREAS, based on the foregoing, staff recommends acceptance and conclusion of the Project on behalf of the City. NOW, THEREFORE, BE IT RESOLVED that by the City Council of the City of Petaluma as follows: 1. The above recitals are true and correct and are incorporated into this resolution as findings of the City Council. 2. Compliance with the California Environmental Quality Act(CEQA) for the 2022 weed abatement program was already analyzed at the April 18, 2022 City Council meeting and the statute of limitations has ran. Regardless, this action of accepting completion of the work and releasing retention is exempt from CEQA because it does not constitute a project under CEQA as this action does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378. 3. The contract entitled Abatement of Weeds with a final contract amount of$60,417.92 for the 2022 Weed Abatement Season is accepted as complete subject to the Contractor's continuing obligations pursuant to the contract. 4. 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. 5. The Finance Department is hereby authorized to release the remaining undisputed retention in the amount of $6,041.73, (equal to 10% of the funds expended for the 2022 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 17'day of October DocuSigned farm: 2022,by the following vote: rty Attorney AYES: Mayor Barrett,Vice Mayor Pocekay,Fischer,Healy,McDonnell NOES: None ABSENT: Barnacle,King ABSTAIN: None E-9E4492 cuSigned by: DocuSigned by: ATTEST: C fit msou ba ff ... City Clerk soaio2EseasFazE Mayor Resolution No. 2022-166 N.C.S. Page 2 DocuSign Envelope ID:2EEOBF9F-4DDE-4807-AAFA-3F2E1C7F442E EXHIBIT A WEED ABATEMENT PARCEL LIST APN Address 007-022-065 817 E Washington St 006-241-038 622/624 Prospect St 48080039 2200 Petaluma Blvd N 8471042 93 Mission Dr 48080033 0 Corona Rd 6480040 9 Fowler Ct 19470003 7 Forest Trail Dr 007143003 15 Copeland St 008471018' 1100 Petaluma Blvd S 008253016 31 Fairview Terrace 005-221-005 1108 Gumwood Ln. 005090074 2241 Pineview Way 008-480-029 4 El Rose 06051068 Cedar Grove Pkwy 007412006 4404 Petaluma Blvd N 136391008 1505 Pheasant Dr 2200 Petaluma Blvd N 136690001 0 Hopper St 137061019 890 N McDowell 008480018 1120 B St 008480043 1116 B St 005060042 2592 Casa Grande Rd 019120047 1320 D St Ext 019120048 1318 D St Ext Caulfield Overpass 007700005 0 Copeland 007153010 320 E D St 007700002 6 Copeland 007163008 400 Hopper St 019210012 1470 Petaluma Blvd S 019210009 2 Rovina Ln Right of Way 16 Bernice Ct 019010006 18 Bernice Ct 007153017 0 Lakeville St 007153018 0 Lakeville St 007153014 330 E D St 007171023 500 Lakeville 136010024 500 Hopper