HomeMy WebLinkAboutAgenda Bill 3A 09/21/2009.,,
OF PET.ALUMA, CALIFORNIA
CITY ~~
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Agenda Title: Resolution Accepting Completion of Work by the City's Meeting Date: September 21,2009
Weed Abatement,Contractor and Authorizing the City Clerk to File a Notice
of Completion with the Sonoma County Clerk's'Office and Authorizing City, Meeting 'l'ime: 7:00 PM
Staff to Release the 10% Retention Fee for Services Performed by the City's
Weed Abatement Contractor
Category: ^ Presentation ^ Appointments ~ Consent' ^ Public Hearing ^ Unfinished Business ^ New Business
Department: Director:- Contact Person: Phone Number:
Fire Larry B. Anderson, Cary D. Fergus,. (707) 778-43$9
Fire Chief Interim Fire `Marshal
Total Cost of Proposal or Proiect: Name of'Fund(s):
The total amount due the contractor is $32,507.50. To date, 1. Fire Prevention: Contract Services
90% ($29,256.75) has been paid to the contractor for weed (13400-541b0);
abatement. The remaining 10% ($3,250.75), when paid, 2. Various City Accounts thru .Public Works,
will close this year's work performed by the .contractor. Fire, Parks, Housing, Re-Development
.and Water Resources Departments; and
Amount. Budgeted: N/A 3. Various LAI)s.
Accoun. t Number(s): Various (see above)
Current Fund Balance(s).: Varies by Account
Recommendation: It is recommended that. the City Council. take the following action:
Adopt a resolution accepting. completion of work by the City's weed abatement contractor and authorizing the
City Clerk to file a notice of eorripletion with the Sonoma County Clerk'a Office; and authorizing City staff to
release the 10% retention fee for services performed by the City's weed. abatement contractor.
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved;without unanimous vote: Ordinance has been published/posted prior to second
reading; see-Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
As directed by the contract for weed abatement, the City withholds a 10% retention fee for work performed and
.completed to the satisfaction of the Fire Marshal's Office. The work is now,deemed complete. All monies paid
to the contractor for work performed is recovered via paid invoices or collection of delinquent payments via
property tax liens.
Attachments to Agenda Packet.Item:
1,.: A'genda.Report; and
2. Resolufion 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 i 0% Retention Fee for Services Performed by the City's Weed Abatement Contractor
Reviewed b Fin~~ce 'Director: Reviewed by City Attorney:. Approved. by City Manager:
a ~~ Date: Date: ~ ~ l~ ~o~
Rev. # 2 ~``,'~ Date:Last.Revised: 09/14/09 File: S:\Eire.Prevention\Weeds\Weeds 09\Iieso\092109-City
(an
/ Council A enda Bill Acce tin Contractors Work-II-091409.doc
CITY:OF PETAI.UMA, CALIFORNIA
SEPTEMBER 21, 2009
AGENDA. REPORT'
FO~t
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
1. RECOMIVIENDATION:
That the Petaluma City Council -adopt a resolution accepting completion of work by the City's weed
abatement contractor during the 2009 weed abatement season .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
ten percent (10%) retention fee .for services performed by the City's weed abatement contractor.
2. BACKGROUND:
As expressly written in the contract agreement entered into and effective as of June 3, 2008 between
the City of Petaluma and its current weed abatement contractor, Keystone. Tractor Service, ten percent
(10%) of the funds .invoiced. are withheld until ahe 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, it is requested
that. City staff release the ten. percent (10%) retention fee to the City contractor. A notice of
completion is also filed with the Sonoma County Glerk'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 2009 weed season. Said
invoices covered a nine (9) week billing period. Each of those nine (9) invoices was processed
through the Finance Department. and payment for each parcel abated was billed out either to a City
Department:. (and funds transferred internally through City Fund Accounts) or to a private party (i.e.,
the owner of the. parcel as .determined by GIS ParcelViewer). The Finance Department was directed
to provide payment directly to .Keystone Tractor, Service for each weekly invoice in the form of a
check, minus en percent (10%). Al.l parties are aware and informed that the- ten percent (10%)
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 2009 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 (10%) retention .fee ($3,250:75) to the
City contractor.
4. I'INANCIAL IMPACTS:
The weed abatement program is a 100% cost recovery ,program. Direct costs of abatement are
charged.. based on actual costs to clear the parcels. Resolution No. 20.08-L52, adopted August 4, 2008.,
set the .administrative fee for weed abatement at $155 per parcel, and is based on the City's actual and
reasonable .costs of administering the program as set forth in the City's adopted schedule of fees for
services. Aside from City-owned parcels, all direct and administrative costs are recoverable by
payment of the City's invoice by the individual property owner(s).
This eason, fifty-nine (5:9) City=.owned parcels were- abated by the request of the following City
Departments: Public Works (1) Fire (1), Parks (27), :Housing (1), Re-Development (2) and Water
'Resources (27) and the cost of abatement was paid for by the properly charged city account or LAD.
Onl=y Enterprise funds,and ~LADs are charged an administrative fee.
In addition, thirty=one. (31) 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.
~~
RESOLUTION ACCEPTING COMPLETION OF WORK ~Y THE CITY'S WEED
ABATEMENT CONTRACTOR AND AUTI~ORIZIN,G THE CITY CLERK TO
FILE.. A NOTICE OF COMPLETION WITH -THE SONOMA COIJNT~ CLERK'S
OFF:ICE~ AND' AUTHORIZING. CITY STAFF T.O ItELEAS~E THE 10%
RETEN'T'ION FEE FOR SERVICES PERFORMED BY THE CITY'S WEED
ABATEMENT CONTRACTOR
WHEREAS, on June 3, 2008, the City Council entered into a contract with Keystone
Tractor Service of Marysville, CA for the 2008 and:2009 Weed.Abatement Program; and
WHEREAS, Keystone Tractor Service has completed all the-.work to the satisfaction of
the Fire Marshal.
NOW, THEREFORE, BE.I'I' RESOLVED by the City Council of the City of
Petaluma, that the program is hereby accepted and deemed.fully complete.
B~E IT .FURTHE~~R RESOLVED that the City Clerk is hereby authorized ~to sign the
Notice of Completion and the; City Clerk should file- same with the Sonoma County
Recorder's Office.
BE I`I' FUR'I'I~ER I~SbLVED that the Finance Department is hereby authorized to
release the ten percent (10%) retention owed to Keystone Tractor Service after the
recordation of the Notice of Completion provided-that no liens or stop notices have been filed
against the project.
~E IT I'URTTIER RESOLVED that Staff are hereby authorized and directed to release.
all undisputed retention 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.
S:\Fire Prevention\Weeds\Weeds 09\Reso\092109-City Council Agenda Bill Accepting Contractors Work-^-091409.doc