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Home My WebLink AboutCC AG PKT 2012-07-09 #J ivyf.rt�'� ,��9�'ti; AGENDA STAFF REPORT s " "'` DATE: July 9, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Assistant City Manager/Public Works • SUBJECT: NOTICE OF COMPLETION FOR ARBOR PARK RESURFACING PROJECT NO. PR1102 SUMMARY OF REQUEST: It is requested that the City Council adopt Resolution No. 6285: 1. Accepting Arbor Park Resurfacing Project No. PR1102 by Excel Paving Company in the amount of $72,674.05; 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk-Recorder within ten (10) days from the date of acceptance and to release retention in the amount of$3,633.70 in 35 days; and 3. Amending the contract with Excel Paving Company to $72,674.05 and direct the City Manager to execute the contract amendment. BACKGROUND AND ANALYSIS: On February 27, 2012, City Council awarded a contract to Excel Paving Company for the Arbor Park Resurfacing Project No. PR1102 in the amount of $57,736.00. Arbor Park is located off Lampson Avenue between Seal Beach Blvd. and East City Limits, a two and a half acre grass park with an entirely fenced dog park. The asphalt pavement entry to Arbor Park was aged and deteriorated. This project repaved the entryway to the park, constructed concrete paths and installed four (4) ADA parking stalls. Several change orders were encountered during construction on the project. These include: hauling off excess soil, adjusting and replacing two damaged utility boxes, dig outs for unstable subgrade soil and additional installation of redwood header to contain and protect the new asphalt edge. All change orders on the project were for unforeseen conditions or were City initiated. Agenda Item J The project is now complete to the satisfaction of the City Engineer. The project was inspected and it meets all standards and requirements within the project specifications. It is required to formally accept the project and file a notice of completion with the Orange County Clerk. ENVIRONMENTAL IMPACT: This project has complied with the California Environmental Quality Act. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: In the approved FY 2011-12 Budget $75,000 is budgeted for the Arbor Park Resurfacing Project No. PR1102. Below is a summary and breakdown of expenses for the project: Estimated Expenses Amount Construction $ 60,171.84 Change Orders $ 12,502.21 Inspection $ 1,625.00 Total $ 74,299.05 The total cost of amount paid to Excel Paving Company for construction/change orders is $72,674.05. These expenditures will be paid out of the FY 2011/12 budget. RECOMMENDATION: It is requested that the City Council adopt Resolution No. 6285: 1. Accepting Arbor Park Resurfacing Project No. PR1102 by Excel Paving Company in the amount of $72,674.05; 2. Direct the City Clerk to file a "Notice of Completion" with the Orange County Clerk-Recorder within ten (10) days from the date of acceptance and to release retention in the amount of$3,633.70 in 35 days; and 3. Amending the contract with Excel Paving Company to $72,674.05 and direct the City Manager to execute the contract amendment. Page 2 SUBMITTED BY: NOTED AND APPROVED: IS- 'Z • ‘i Sean P. rumby, P.E. / '. Ingram, City gager Assistant City Manager/Pu•lic Works Prepared by: Cesar Rangel, Assistant Engineer Attachments: A. Resolution No. 6285 B. NOC C. Amendment No. 1 — Excel Paving Co. • Page 3 RESOLUTION NUMBER 6285 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR ARBOR PARK RESURFACING PROJECT NO. PR1102 WHEREAS, on February 27, 2012 the City of Seal Beach entered into a contract with Excel Paving Company;and WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the work required to be performed by Excel Paving Company has been completed and accepted. Section 2. That the total cost of amount to be paid to Excel Paving Company is$72,674.05 for the work performed. Section 3. That the City Council hereby amends the contract with Excel Paving Company to $72,674.05 and direct the City Manager to execute Amendment No. 1 to the contract. Section 4. That a "Notice of Completion" be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6285 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012. City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO • CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on April 20, 2012. The work was Arbor Park Resurfacing Proiect. No. PR1102. 6. The name of the contractor(s), if any, for such improvement was: Excel Paving Company. The date of the Contract Award was February 27, 2012. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Arbor Park on Lampson Avenue between Heather Street and Rose Street. Date: Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2012, at Seal Beach, California. (Date of Signature) Director of Public Works, City of Seal Beach AMENDMENT TO PUBLIC WORKS AGREEMENT FOR ARBOR PARK RESURFACING PROJECT CIP NO. PR1102 between SEA( ,eph, \�GpRPORgTFq� i io %aC; • • c "k%Celikfl5t'-.7 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 (562) 599-5841 (562) 591-7485 FAX THIS AMENDMENT is made as of July 09, 2012, by and between the City of Seal Beach, a California charter city ("City"), and Excel Paving Comganv, a General Contractor ("Contractor"). 1 of 3 • RECITALS A. WHEREAS, the City Council approved the plans and specifications for the Arbor Park Resurfacing Project, CIP No. PR1102 ("Project") with respect to design criteria; B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 9, 2012 in the amount of $57,736.00 for Arbor Park Resurfacing Project, CIP No. PR1102; AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Section 3 (Payment) of the February 27, 2012 Agreement is hereby amended to read as follows: 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $72,674.05, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment as of the date first written above. 2 of 3 CITY OF SEAL BEACH CONTRACTOR: Palp Inc. dba Excel Paving Co. By: By: R. Ingram, City Manager Name: C.P. Brown Attest: Title: President By: Linda Devine, City Clerk { .' Name: �, C • &"' a_1(1 -L( Approved as to Form: Title: Michele E. Drakulich Asst. Secretary By: Quinn M. Barrow, City Attorney 3 of 3