Resolution to File and Record Notice of Completion with County of Merced for the Replace Playground Equipment Project at Don Meyer Park.

Meeting Date: January 17, 2017

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STAFF REPORT

AGENDA ITEM: Resolution to File and Record Notice of Completion with County of Merced for the Replace Playground Equipment Project at Don Meyer Park.

MEETING DATE: January 17, 2017

PREPARED BY: Mario Gouveia, City Engineer

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

1. Accept the work as complete.

2. Authorize the City Clerk to record a Notice of Completion with Merced County.

3. Authorize the Interim City Manager to release Payment and Performance Bonds and to make final payment of retention monies to Breneman, Inc. following the expiration of 35 days from the date of recordation of the Notice of Completion.

BACKGROUND:

The City of Livingston received insurance funds to replace the playground equipment that was damaged by fire at the Don Meyer Park. The Central San Joaquin Valley Risk Management Authority (RMA) will reimburse the City for replacement expenses through the City’s policy coverage for real and personal property less the $25,000.00 deductible.

DISCUSSION:

The project’s construction phase started in May 2016 and the major work consisted of furnishing and installing playground equipment with an ADA accessible ramp, safety surfacing, and age appropriate welcome sign.

The Contractor completed all work within the time required by the Contract Documents. The project was successfully completed per the approved plans and specifications.

PROJECT COST SUMMARY

Contract Amount

$ 77,521.00

Change Orders

$ 3,916.84

Actual Construction Cost

$ 81,437.84

Final inspection has been performed and the work has been found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed. If no claims are filed within 35 days after recordation, the Payment and Performance Bond should be released; and retention in the amount of $4,071.89 should be paid to Breneman, Inc.

FISCAL IMPACT:

Construction of the project will be covered using the RMA Insurance Funds and City Funds. The RMA will pay $56,437.84 of the construction costs and the City will pay the policy deductible of $25,000.00 from the Parks Development Impact Fee. These project expenditures have already been budgeted for this current fiscal year.

ATTACHMENTS:

Resolution 2017- —

Notice of Completion

RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

FOR THE ACCEPTANCE OF THE REPLACE PLAYGROUND EQUIPMENT AT DON MEYER PARK PROJECT, AUTHORIZING THE CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH MERCED COUNTY AND AUTHORIZING THE INTERIM CITY MANAGER TO RELEASE PAYMENT AND PERFORMANCE BONDS AND TO MAKE FINAL PAYMENT OF RETENTION MONIES TO BRENEMAN, INC.

WHEREAS, the City advertised the Project on February 25, 2016; and

WHEREAS, the City received and the Deputy City Clerk publicly opened bids on March 15, 2016; and

WHEREAS, the City Council awarded a contract to Breneman, Inc. in the amount of

$77,521.00 for the furnishing and installing of playground equipment with an ADA accessible ramp, safety surfacing, and age appropriate welcome sign, on April 5, 2016; and

WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommend final acceptance; and

WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will record a Notice of Completion with Merced County and the Interim City Manager will release Performance and Payment Bonds and the retention monies due the Contractor 35 days after the recording date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:

1. Adopts a Resolution to accept the Replace Playground Equipment at Don Meyer Park Project.

2. Authorizes the City Clerk to record a Notice of Completion with Merced County.

3. Authorizes the Interim City Manager to release Performance and Payment Bonds and to make final payment of retention monies to Breneman, Inc. 35 days after the recording date.

Passed and adopted this 17th day of January, 2017, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 17th day of January, 2017.

Betty Cota, Deputy City Clerk of the City of Livingston

 

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