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HomeMy WebLinkAbout2016 CON EC Constructors - National City Aquatic Center Sp 13-04 - Notice of CompletionPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City Engineer City )f National City 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 DOC# 2016-0129095 III 111111111111111111111111111111111111111111111111111111111111 Mar 23, 2018 10:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 2 THIS SPACE FOR RECORDER'S USE ONLY (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: NATIONAL CITY AQUATIC CENTER, SPECIFICATION NO. 13-04 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 1, 2016 of the National City Aquatic Center Project, Specification No. 13-04 Work of improvement or portion of work of improvement under construction or alteration. 3300 Goesno Place, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Lease Hold Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with: EC Constructors, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, masonry, steel, wood framing, carpentry, stucco, roofing, storefront, restroom and locker room improvements, painting, plumbing, electrical, mechanical, irrigation, landscaping, lighting, signing, striping. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: March 8, 2016; int tenants, tenants in common, or other owners Signature of Owner — Mayor Ron Morrison City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on March 8, 2016 at National City, California. Signature: RON MORRISON, MAYOR Noc09-05 RESOLUTION NO. 2016 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK OF EC CONSTRUCTORS, INC., FOR THE NATIONAL CITY AQUATIC CENTER PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $3,716,557.64, RATIFYING RELEASE OF RETENTION IN THE AMOUNT OF $180,754.04, AND RATIFYING THE FILING OF THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by EC Constructors, Inc., for the National City Aquatic Center Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed EC Constructors, Inc., for the National City Aquatic Center Project is accepted, the total final contract amount of $3,716,557.64 is approved, and payment for said work is ordered to be made in accordance with said contract BE IT FURTHER RESOLVED by the City Council that the Notice of Completion, executed by the Mayor on March 8, 2016, and the release of the retention in the amount of $43,639.93 is ratified. PASSED and ADOPTED this 21st day of June, 201 on Morrison, Mayor ATTEST: Mich el R. Dalla, ity Clerk P'ROVD TO FO audia e City Attor aci ua Silv _y Passed and adopted by the Council of the City of National City, California, on June 21, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City the City of National City, California ierk of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-95 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Ca0%3-y1 MEETING DATE: June 21, 2016 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work of EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approving the final contract amount of $3,716,557.64; 3) ratifying release of retention in the amount of $180,754.04; and 4) ratifying the filing of the Notice of Completion for the project. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: :' . Finance ACCOUNT NO. APPROVED: MIS Retention was paid through prior City Council appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance 4. Resolution ��,v\Vol No. a0‘6 -q: EXPLANATION The National City Aquatic Center Project, Specification No. 13-04, included construction of an approximately 4,700 square foot Aquatic Center adjacent to Pepper Park and Pier 32 Marina. The facility includes two multi -purpose classrooms that can be opened as one larger room; storefront/office space; locker rooms with showers and restrooms; boat and equipment storage; decorative lighting, landscaping and public art. In July, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website. On August 20, 2013, eleven (11) sealed bids were received by the 11:00 a.m. deadline, opened and publically disclosed. Precise Construction Management was the apparent low bidder with a total bid amount of $3,170,000.00. However, due to a clerical error, Precise Construction Management withdrew their bid. Watkins Landmark Construction was the second apparent low bidder with a total bid amount of $3,445,950.00. However, their bid was deemed "non -responsive". EC Constructors, Inc. was the third apparent low bidder with a total bid amount of $3,524,896.00. Upon review of all documents submitted and reference checks, EC Constructors' bid was responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On September 17, 2013, the City Council adopted Resolution No. 2013-137 awarding the contract to EC Constructors, Inc. in the amount of $3,524,896.00 and authorized a 15% contingency in the amount of $528,734.40 for any unforeseen changes. The Notice to Proceed with construction was issued on October 9, 2013, with a project completion date of October 27, 2014. Due to project delays, the actual date of completion was March 1, 2016. The Notice of Completion was signed by the Mayor on March 8, 2016 and subsequently filed with the San Diego County Recorder's Office. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $191,661.64 (5.4%) for a final contract balance of $3,716,557.64. As a result of satisfactory completion of the project, staff recommends the following City Council actions: 1) accept the work of EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approve the final contract amount of $3,716,557.64; 3) ratify release of retention in the amount of $180,754.04; and 4) ratify the filing of the Notice of Completion for the project. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OP NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 1, 2016 of the National City Aquatic Center Project. Specification No. 13-04 Work of improvement or portion of work of improvement under construction or alteration. 3300 Goesno Place, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Lease Hold Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with: EC Constructors, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, masonry, steel, wood framing, carpentry, stucco, roofing, storefront, restroom and locker room improvements, painting, plumbing, electrical, mechanical, irrigation, landscaping, lighting, signing, striping. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A int tenants, tenants in common, or other owners Dated: March 8, 2016; Signature of Owner — Mayor Ron Morrison City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on March 8, 2016 at National City, California. Signature: f RON MORRISON, MAYOR NooO)-05 -1- FINAL CONTRACT BALANCE DATE: March 30, 2016 PROJECT: National City Aquatic Center, Specification No. 13-04 TO: ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $3,524,896.00 October 9, 2013 March 1, 2016 260 Working Days 332 Working Days 592 Working Days $3,716,557.64 The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided for surveying needed to define the utility easement for gas and electric service to the project. This Change Order total amount is $ 5,087.00. Change Order #2 was issued due to re -permitting of the project plans to bring them to current building code. The update resulted in revisions to structural steel, rebar, concrete, anchor bolts and related details. This Change Order total amount was $ 27,609.59. Change Order #3 authorized the contractor to perform additional work to remove the sidewalk adjoining the dock landing due to increased concrete thickness and foundations that were not anticipated during bid. This Change Order total amount was $ 12,010.31. Change Order #4 addressed the removal and replacement of an unknown electrical service to the dock, provided for additional backfill and mulch above the irrigation system and provided for slurry backfill around electrical conduits. This Change Order total amount was $ 25,830.17. Changer Order #5 provided for the cost difference in light fixtures due to a bid allowance. The owner requested temporary banners due to the mariachi festival and the Port District requested a new domestic water service to serve the dock. This Change Order total amount was $ 16,742.01. -2- FINAL CONTRACT BALANCE National City Aquatic Center Specification No. 13-04 Change Order #6 provided for a new light pole foundation as the existing foundation was unsuitable. The City also required wheel stops to be added to the handicap parking spaces. This Change Order total amount is $ 2,158.39. Change Order #7 directed the Contractor to provide and install additional landscaping as directed by the design team. This Change Order total amount was $ 1,120.35. Change Order #8 directed the contractor to provide additional metal flashing to attach the acoustical ceiling to the framing in the supervisors' office. This change order also deleted the requirement to replace the fire hydrant on site and accepted a cost credit therefore. This Change Order total amount was $-830.61. Change Order #9 was issued to accommodate a change to th base plate covers of the locker room benches. This Change Order total amount was $ 456.36. Change Order #10 was issued as a result of settlement negotiations. There were numerous change order requests received during construction that initially were not agreed upon. As a final settlement, the City agreed to pay for several of the prior change requests. This Change Order total amount was $101,478.07. CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 3,716,557.64 2. As a result of the satisfactory completion of said project, a retention amount of $ 180,754.04 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. EC Constructors will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. -3- RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK OF EC CONSTRUCTORS, INC., FOR THE NATIONAL CITY AQUATIC CENTER PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $3,716,557.64, RATIFYING RELEASE OF RETENTION IN THE AMOUNT OF $180,754.04, AND RATIFYING THE FILING OF THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by EC Constructors, Inc., for the National City Aquatic Center Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed EC Constructors, Inc., for the National City Aquatic Center Project is accepted, the total final contract amount of $3,716,557.64 is approved, and payment for said work is ordered to be made in accordance with said contract BE IT FURTHER RESOLVED by the City Council that the Notice of Completion, executed by the Mayor on March 8, 2016, and the release of the retention in the amount of $43,639.93 is ratified. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk EC CONSTRUCTORS Notice of Completion National City Aquatic Center Judy Hernandez (Engineering/PW) Forwarded Copy of Notice of Completion to EC Constructors