HomeMy WebLinkAboutCC AG PKT 2009-12-14 #PDATE: December 14, 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 LAMPSON
AVENUE SEWER REPLACEMENT AT SEAL BEACH
BOULEVARD PROJECT NO SW0901
SUMMARY OF REQUEST:
The City Council is asked to:
1. Adopt Resolution No. 5953 to formally accept completion of the
Lampson Avenue Sewer Replacement at Seal Beach Boulevard Project
No. SW0901.
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 $71,374.97 on the 35th day
from the date of filing of the "Notice of Completion."
BACKGROUND:
On September 8, 2008, City Council awarded a contract to Ken Thompson Inc. in
the amount of $505,902.00 to construct the Lampson Avenue Sewer
Replacement at Seal Beach Boulevard Project No. SW0901.
The scope of work consisted of the installation of approximately 258 lineal feet of
16" vitrified clay pipe sewer pipe, boring and jacking 230 lineal feet of 36 -inch
steel casing, construction of 2 sewer manholes and installation of approximately
100 lineal feet of 6 -inch sewer. The location is on Lampson Avenue near Seal
Beach Boulevard.
During construction there were some unexpected complications that arose, most
notably due to the presence of contaminated materials in the ground. This
caused delays and added considerable work to complete the project. The delays
and added work increased the project by $921,547.36 resulting in a new
Agenda Item P
Page 2
construction total of $1,427,499.36. During construction, staff has met with the
responsible party for the contaminated soils, ARCO (which is now owned by
British Petroleum ( "BP ")) that had operated a gasoline service station on an
adjacent corner. The City Attorney's Office has been working with BP /ARCO's
representatives and will continue to do so in an effort to be fully compensated for
the additional work. Although BP/ARCO has indicated it will consider at least
some of the additional costs, it has not yet made a firm commitment of which of
the additional contamination - related costs it will pay.
Construction is now completed and the City Engineer has accepted the project.
FINANCIAL. IMPACT:
In the approved 2007/08 — 2008/09 Budget, Capital Improvement Project funds
are budgeted for sewer improvements, in the amount of $1,100,000.00
The original bid amount was $505,902.00.
The final construction cost of the Project is $1,427,499.36.
Staff is seeking reimbursement from BP/ARCO of $907,527.69 of project
construction costs due to delays and additional work attributable to the presence
of contaminated materials in the ground.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 5953 to formally accept completion of the
Lampson Avenue Sewer Replacement at Seal Beach Boulevard Project
No. SW0901.
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 $71,374.97 on the 35th day
from the date of filing of the "Notice of Completion."
S MIT D B NOTED AND APPROVED:
®W7=
ince Mastrosimone David Carmany
Director of Public Works City Manager
Attachments:
A. Resolution No. 5953 - Declaring Work Completed
B. Notice of Completion
RESOLUTION NUMBER 5953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED
PER CONTRACT DOCUMENTS FOR THE LAMPSON AVENUE
SEWER REPLACEMENT AT SEAL BEACH BOULEVARD
PROJECT N0. SW0901
WHEREAS, on September 8, 2008 the City of Seal Beach entered into a
contract with Ken Thompson Inc.; 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 $1,427,499.36.
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 the City of Seal
Beach, at a regular meeting held on the 14th day of December. 2009 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 5953 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
at a regular meeting held on the 14th day of December , 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
December 2, 2009 The work was Lampson Avenue Sewer Replacement at Seal Beach
Boulevard Project No. SW0901.
6. The name of the contractor, if any, for such improvement was: Ken Thompson Inc. The date
of the Contract Award was September 8, 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: Lampson Avenue at Seal
Beach Boulevard.
Date:
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 , 2009, at Seal Beach, California.
(Date of Signature)
Director of Public Works