4 Resolution Accepting Completion of the CMAQ – Sidewalk Infill Project, Federal Project No. CML-5256(016), Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the Acting City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to FBD Vanguard Construction, Inc.

Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs and highlighted a few sections.

Meeting Date: May 16, 2017

STAFF REPORT

AGENDA ITEM: Resolution Accepting Completion of the CMAQ – Sidewalk Infill Project Federal Project No., CML-5256(016), Authorizing the City Clerk to Record a Notice of Completion with Merced County, and Authorizing the Acting City Manager to Release Payment and Performance Bonds and Make Final Payment of Retention Monies to FBD Vanguard Construction, Inc.

MEETING DATE: May 16, 2017

PREPARED BY: Mario Gouveia, City Engineer

REVIEWED BY: Ruben Chavez, Acting City Manager

RECOMMENDATION:

1. Accept the work as complete.

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

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

BACKGROUND:

The City of Livingston advertised the Sidewalk Infill Project on September 13, 2016 and received a total of four bids for this project. FBD Vanguard Construction, Inc. submitted the lowest bid and was awarded a contract for $163,960.00.

DISCUSSION:

The project’s construction phase started in December 2016 and the major work consisted of constructing new sidewalks, curb and gutter, driveway approaches, curb ramp, widening asphalt pavement and storm drains on Stefani Avenue and Crowell Street in the City of Livingston.

The Contractor completed all work within the time required by the Contract Documents. A Balancing Change Order in the amount of $3,512.40 was issued to adjust the original estimated bid quantities to agree with the final quantities actually measured during construction.

PROJECT COST SUMMARY

Contract Amount	$ 163,960.00
Contingency Budget	$ 8,198.00
Total Construction Budget	$ 172,158.00	$ 172,158.00
Contract Amount	$ 163,960.00
Change Orders	$ 3,512.40
Actual Construction Cost	$ 167,472.40	$ 167,472.40

I Project Under Budget 4,685.6o 1

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 $8,373.62 should be paid to FBD Vanguard Construction, Inc.

FISCAL IMPACT:

The final construction contract cost inclusive of all authorized work was $167,472.40. Funding for this contract was through a CMAQ Grant at 88.53% reimbursement not to exceed the programmed amount of $172,158.00. FHWA will reimburse the City $148,263.31 of the Construction Contract and the City will have a Local Match of $19,209.09. The Local Match is being provided by the City from their TDA and Gas Tax funds.

There is no impact to the General Fund

ATTACHMENTS:

1. Resolution 2017-

2. Notice of Completion

RESOLUTION NO. 2017-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON FOR THE ACCEPTANCE OF CMAQ – SIDEWALK INFILL PROJECT FEDERAL PROJECT CML-5256(016), AUTHORIZING THE CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH MERCED COUNTY AND AUTHORIZING THE

ACTING CITY MANAGER TO RELEASE PAYMENT AND PERFORMANCE BONDS AND TO MAKE FINAL PAYMENT OF RETENTION MONIES TO FBD

VANGUARD CONSTRUCTION, INC.

WHEREAS, the City advertised the Project on September 13, 2016; and

WHEREAS, the City received and the Deputy City Clerk publicly opened bids on October 11, 2016;and

WHEREAS, the City Council awarded a contract to FBD Vanguard Construction, Inc. in the amount of $163,960.00 for CMAQ- Sidewalk Infill Federal Project No. CML- 5256(016), on November 15, 2016; and

WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommends 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 Acting 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 CMAQ – Sidewalk Infill Project, Federal Project No. CML-5256(016).

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

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

Passed and adopted this 16th day of May 2017, by the following vote: AYES:

NOES:

ABSTAIN:

ABSENT:

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 16th day of May, 2017.

Antonio Silva, City Clerk of the City of Livingston