HomeMy WebLinkAboutStaff Report 3.A 10/15/2012 l aciiItenvv-it.3. q
FP'LU
1869
DATE: October 15,2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief U
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
This season, thirty-seven (37) City-owned parcels were abated ibythe request of the following
City Departments: Public Works and Utilities Department(36) and Housing (1), and the cost:of
abatement was paid for by the properly charged city account or LAD. In addition, ten (10)`'
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 ("PSA") entered into and effective
as of May 8, 2012 between the City of Petaluma and its current weed abatement contractor,,
Keystone Tractor Service,ten percent(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 ofall•
interested parties. When work is deemed complete, the ten percent (I %) 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, Keystone Tractor Service, provided.tiinely\arid'
complete invoices to the Fire Marshal's Office for all work completed throughout;the 2012'weed
Agenda Review:
•
City Attorne Finance Director City Manager
season. Invoices covered five (5).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 (10%). All
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 2012 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($1,628.63) owed to the City's
contractor, Keystone Tractor Service.
FINANCIAL IMPACTS
The weed abatement program is a 100%cost recoveryiprogram. 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. The administrative fee for the weed abatement program.is $177 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. All
direct and administrative costs are recovered through payment by the individual property •
owner(s) and/or collection of special assessments against,the specific parcels.bythe County
Assessor in connection with property tax payments.
ATTACHMENT(S).
1. Resolution.
a
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
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 7, 2012 in accordance with
California.Public Contract Code Section 4104.5 and other applicable plaw, and`the,apparent
low bid for the Project was the bid of Keystone Tractor Service in the amount $28;375..00
for the Work as described below:
Disking $45.00 per hour
Tractor Mowing $45.00 per hour
Hand Work $30:00 per hour . ,,
Blade Work $40.00:per hour
Travel Time/Pulling Fee $40.00 per'pull; and •
WHEREAS, by Resolution No. 2012-042 N.C.S.adopted April 16, 2012, the City
Council of the City of Petaluma found the bid of$28,375.00 for the Project to be the lowest
responsive bid and awarded the Project to Keystone Tractor Service for the hourly amounts
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 sign the Project contract on behalf of the City for the Weed Abatement Program
for 2012 and 2013.
WHEREAS, on May 8,:2012, the City.Council entered into a Professional Services
Agreement with Keystone Tractor Service of Marysville, CA for the 2012 and 2013 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
3
exceeding the total compensation amount of$55,000 as expressly written in the Professional
Services Agreement; and
WHEREAS, the final contract amount for the Abatement of Weeds for 2012, including
all work orders; is$16,286.25; and
WHEREAS, City staff has inspected the Project and determined that Keystone Tractor
Service has completed all the work for the 2012 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'2012 Weed Abatement Season with a final
contract amount of$16,286.25 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 $1,628.63) 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
applicablelaw.
•