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HomeMy WebLinkAboutStaff Report 10/17/2011 3.A i s . Fyn - P'.,,, • i r „' , , A Iteinru Cis . fl t\ _ 1858 DATE:: October 17, 2011 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Larry B. Anderson, 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 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 As expressly written in the Professional Services Agreement. (” PSA ') entered into and effective as of May 19, 2010 between the City of Petaluma and its current weed abatement contractor, Giusti Ranch, ten ercent 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. DISCUSSION The current City weed, abatement" contractor, Giusti Ranch, provided timely and complete invoices to the Fire Marshal's ,Office for all work completed throughout the 2011 weed season. Invoices covered nine (9) 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 Giusti Ranch for each invoice in the form of a check, minus ten percent (10%). All parties are aware and 0 informed that the ten percent (10% o) 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 2011 season has concluded and it is requested that the City Clerk file a notice of Agenda Review: City Attorney Finance Director Ci M erg tY Y hana '�' g � , , completion with the Sonoma county Clerk's Office and direct the Finance Department to release the ten percent (10%) retention fee ($2;378.63) owed to the City's contractor, Giusti Ranch. FINANCIAL IMPACTS The weed abatement program, is a 1,00% cost recovery program. Direct costs of abateinent 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, prograin management and clerical support. The administrative :fee for the weed abatement program is $172 per parcel, and is based on the City's actual and reasOnable costs ofladministering the program. The fee is approved by City Council Resolution and iSidentified inthe City's adopted schedule of fees for services. All direct and administrative costs are recovered through payrnentloy the individual property owner(s) and/or collection of Special assessments against the specific parcels by the County Assessorin connection with property tax payments. This 'season, forty-four (44), City-owned parcels were abateilby the request of the following City Departments: Public Works (13) Fire (1), Housing (1) and Water, Resources (29) and the cost of abatement was paid for by the charged city account or LAD. In addition, sixteen (16) private parcels required abatement and each was separately invoiced through the Fire Prevention Contract Services account. Non-P:aying parcels are forwarded to the- County Assessor for collection in connection with ,property tax payments: ATTAelIMENT(S) 1. Resolution. 1 RESOLUTI ON, ;ACCEPTING COMPLETION pi; WORK BY THE,:CITY'S WEED ABATEMENT CONTRA CTOR AND AUTHORIIZING 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 $57.50 per hour Tractor Mowing $57.50 per hour Hand Work $30.00 per hour Blade Work $40.00 per hour Travel Time/Pulling Fee $20.00 per pull; and WHEREAS, by Resolution Ni. 010 -055 N.C.S. adopted A y . 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 behalf of the City for the Weed Abatement Program for 2010 and 2011. • contract on beh y g WHEREAS, on May 19, 2010, the City Council entered irto; 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. .LII..I 3 compensation arnount of $55,000 as expressly "written in the Professional Services Agreement; and WHEREAS, the final contract amount for the Abatement of Weeds for 2011, including all work orders, is $23,786.25; and WHEREAS, City staff has inspected the Project and determined that Giusti Ranch has completed all the work for the 2011 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: 1. The contract entitled the 2011 Weed Abatement Season with a final contract amount of $23,786.25 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 all undisputed retention (10 %, equal to $2,378.63) not subject to pending change orders within forty -five (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.