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HomeMy WebLinkAboutResolutions 2011-147 N.C.S. 10/17/2011 Resolution No. 2011 -147 N.C.S. of the City of Petaluma, California 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, 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 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; and, 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 compensation amount of $55,000 as expressly written in the Professional Services Agreement; and, Resolution No. 201 1 -147 N.C.S. Page 1 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. Under the power and authority conferred upon this Council by the Charter of said City. 4 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Alp ov-d as to Council of the City of Petaluma at a Regular meeting on the 17 day of October, u , : 2011, by the following vote: City • ttorney AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee NOES: None ABSENT: None ABSTAIN: None ty ATTEST: L 1& h f .u 1.?? I Ll j A eputy City C er o Resolution No. 2011 -147 N.C.S. Page 2