HomeMy WebLinkAboutCC AG PKT 2010-03-08 #LAGENDA STAFF REPORT
DATE: March 8, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Terrence Belanger, Interim Director of Public Works
SUBJECT: NOTICE OF COMPLETION FOR THE 2009 ANNUAL
CONCRETE REPAIR PROGRAM NO. ST0912
SUMMARY OF REQUEST:
The City Council is asked to:
1. Adopt Resolution No. 5972 to formally accept completion of the 2009
Annual Concrete Repair Program No. ST0912.
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.
BACKGROUND:
On March 23, 2009, City Council awarded a construction contract to Elite
Construction for $42,175.80 for concrete repairs. Due to the low bids, additional
concrete locations were added to the project. In addition, Simmons Welding was
contracted to furnish and install a handrail at Westminster Ave. and Kitts Hwy.
The project consisted of repairing sidewalks, curb & gutters, driveways, and
installation of new access ramps and sidewalk throughout the City. The access
ramps are necessary to provide pedestrian access in accordance with the
American Disability Act (ADA).
Construction is now completed and the City Engineer has accepted the project.
Agenda Item L
Page 2
FINANCIAL IMPACT:
In the 08/09 Budget $50,000 of General Funds and $50,000 of Measure M
Turnback was allocated for this project totaling $100,000. The remaining balance
will be paid by account number 001 - 044 - 44000.
The revised contract amount is $114,812.55 and the City has paid Elite
Construction $84,869.17, leaving an amount of $29,943.38 which the contractor
has not received. The City intends to hold back legal fees associated with
defense costs in connection with a stop notice lawsuit filed by Calaveras
Standard, and finalizing a possible takeover agreement with the payment bond
surety. In addition, Simmons Welding installed handrails for a cost of $3,100.The
net cost for construction is $117,912.55 and $5,227.50 for inspection totaling to
$123,140.05.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 5972 to formally accept completion of
construction for the 2009 Annual Concrete Repair Program No. ST0912.
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.
SUBMITTED BY:
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Terrence L. Belanger,
Interim Director of Public W cs
NOTED AND APPROVED:
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David Carma y, City Manager
Prepared by: Cesar Rangel
Attachments:
A. Resolution No. 5972 - Declaring Work Completed
B. Notice of Completion
RESOLUTION NUMBER 5972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED
PER CONTRACT DOCUMENTS FOR 2009 ANNUAL CONCRETE
REPAIR PROGRAM N0. ST0912
WHEREAS, on March 23, 2009 the City of Seal Beach entered into a contract
with Elite Construction.; and
WHEREAS, the City Engineer has determined that the work has been
substantially completed.
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 substantially completed.
Section 2. That the total cost of said work is $123,140.05.
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 8th day of March , 2010
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
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 5972 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 8th day of March , 2010.
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 14, 2009 The work was Annual Concrete Repair Program CIP No. ST0912.
6. The name of the contractor, if any, for such improvement was: Elite Construction. The date
of the Contract Award was March 23, 2009.
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: Citywide concrete repair.
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