HomeMy WebLinkAboutCC AG PKT 2009-05-11 #KAGENDA STAFF REPORT
DATE: May 11, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vincent Mastrosimone, Director of Public Works
SUBJECT: NOTICE OF COMPLETION FOR THE ANNUAL
WINTER SAND BERM CONSTRUCTION AND
REMOVAL PROJECT, PHASE 3
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5871 formally accepting the
completion of the Annual Winter Sand Berm Construction and Removal Project,
Phase 3.
BACKGROUND:
On February 11, 2008, City Council awarded an annual construction contract to
E.C. Construction Company for $60,935.00/year for construction and removal of
the annual winter sand berm. Phase 3 of the project, spring 2009 removal, is
now complete and the City Engineer has accepted the project.
FINANCIAL IMPACT:
The City budgeted $36,000 in the Tidelands Account for construction and
inspection. The total cost of the project is $44,525.78 for construction and $0 for
inspection as staff inspected the project. This is about $8,525 over the budget
estimate. A budget amendment is being requested by separate action (Bud
Amend #09-11-01).
The practice of the City was to do this work as a time and material contract. The
budget estimate was based on the costs the City experienced with a previous
contractor. The current contract also is time and material. However, this
contractor is not as productive as the previous contractor. Therefore, the City is
obligated to abide by the contract and pay for the actual time and equipment
costs used on this project.
Agenda Item K
Page 2
Staff is preparing a Notice Inviting Bid for this project which will be a lump sum
contract thereby locking in the project costs and avoiding any future uncertainty.
This will make for more accurate budget estimates in the future.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 5871 to accept completion of construction for the
Annual Winter Sand Berm Construction and Removal Project, Phase 3.
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.
3. Direct staff to release retention funds of $4,452.58 upon expiration of
thirty-five (35) days from the date of filing of the "Notice of Completion".
SUB TTED BY:
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
C.Sr~ ~
David Carmany
City Manager
Attachments:
A. Resolution No. 5871 -Declaring Work Completed
B. Notice of Completion
RESOLUTION NUMBER S$7~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED
PER CONTRACT DOCUMENTS FOR ANNUAL WINTER SAND
BERM CONSTRUCTION AND REMOVAL (E.C. CONSTRUCTION
CO.), PHASE 3
WHEREAS, on February 11, 2008, the City of Seal Beach entered into a
contract with E.C. Construction Company; and
WHEREAS, the City Engineer has determined that the work has been
substantially completed in accordance with the contract documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. That the work required to be performed by said Contractor has
been completed.
Section 2. That the total cost of said work is $44,525.78.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion" be filed on behalf
of the City in the Office of the Orange County Recorder within ten
(10) days of the date of this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 11th day of Mav , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5871 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 11th day
of Mav , 2009
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 10, 2009. The work was Annual Winter Sand Berm Construction and Removal. Phase 3.
6. The name of the contractor, if any, for such improvement was: E.C. Construction Company.
The date of the Contract Award was: February 11.2008.
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: APN 199-103-02. Seal
Beach, California 90740.
Date:
Signature of owner or corporate officer of owner
named in paragraph 2 or his 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 , 2009, at Seal Beach, California.
(Date of Signature)
Director of Public Works