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Home My WebLink About2017 CON CS Legacy Construction - Paradise Creek Educational Park - Notice of CompletionPLEASE COMPLETE THIS INFORMATION vA RECORDING REQUESTED BY: City Engineer City of 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# 2017-0548725 Nov 27, 2017 03:01 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 THIS SPACE FOR RECORDER'S USE ONLY PAGES: 2 (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: PARADISE CREEK EDUCATIONAL PARK PROJECT CIP No. 16-08 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: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 25, 2017 of the: Paradise Creek Educational Park, CIP No. 16-08 Work of improvement or portion of work of improvement under construction or alteration. Located from 19th Street & Coolidge Avenue to 18th Street & Hoover Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee 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 C.S. Legacy Construction Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general labor. Materials: concrete, asphalt, landscaping fencing, irrigation supplies. Equipment: paving equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 25, 2017; Joint tenants ..L rd�its in common, or other owners Signature of Owner 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 Augus, 5, 2017 at, National City, California. Signature: Noco9-OS RESOLUTION 2017 — 208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY C.S. LEGACY, INC., FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $645,854.89, RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $31,233.49, AND AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by C.S. Legacy, Inc., for the Grove Street Drainage Enhancements Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed by Crest Equipment, Inc., for Paradise Creek Educational Park Project is accepted, the total final contract amount of $645,854.89 is approved, the Mayor is authorized to execute the Notice of Completion, and payment for said work is ordered to be made in accordance with said contract, including release of retention in the amount of $31,233.49. PASSED and ADOPTED this 7th day of November, 017. ATTEST: �i Michael R. Dalla, C ty Clerk APPROVED AS TO FORM: n C. on Morrison, Mayor orris- ones torney Passed and adopted by the Council of the City of National City, California, on November 7, 2017 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 iCityyational City, California lerk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-208 of the City of National City, California, passed and adopted by the Council of said City on November 7, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 7, 2017 AGENDA ITEM NO. 7 TEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by C.S. Legacy, Inc. for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) approving the final contract amount of $645,854.89; 3) ratifying the release of retention in the amount of $31,233.49; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Carla Hutchinson, Junior Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engin APPROVED BY: blic Works FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution accepting the work performed by C.S. Legacy, Inc. for the Paradise Creek Educational Park Project, CIP No. 16-08 and approving the final contract amount of $645,854.89. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution Peso/t(b) No. .2017- 20� EXPLANATION The Paradise Creek Educational Park Project, CIP No. 16-08, included the removal of approximately 13,600 square feet of impervious pavement to install an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bio- retention basin to treat off -site run-off, and park furnishings. On July 20, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 22, 2016 and July 29, 2016, the bid solicitation was advertised in local newspapers. On August 22, 2016, six (6) bids were received electronically on PlanetBids by the 10:00 a.m. deadline. Bid results were available immediately after the 10:00 a.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $756,976.50. Upon review of all documents submitted, Fordyce Construction, Inc.'s bid was deemed "non -responsive" due to bid irregularities. C.S. Legacy Construction, Inc. was the second lowest bidder with a total base bid plus additive bid amount of $777,288.00. Upon review of all documents submitted C.S. Legacy Construction, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. On September 20, 2016, the City Council adopted Resolution No. 2016-147 awarding the contract to C.S. Legacy, Inc. in the amount of $612,243.00 to C.S. Legacy, Inc. and authorized a 15% contingency in the amount of $91,836.45 for any unforeseen changes. The Notice to Proceed with construction was issued on November 1, 2016, with a construction start date of November 2, 2016. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $54,796.89, and line item adjustments decreased the contract by $21,185.00, for a net increase of $33,611.89 to the contract. This resulted in a 5.5% contract increase for a final contract balance of $645,854.89. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of C.S. Legacy, Inc. for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) approve the final contract amount of $645,854.89; 3) ratify the release of retention in the amount of $31,233.49; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 25, 2017 of the: Paradise Creek Educational Park, CIP No. 16-08 Work of improvement or portion of work of improvement under construction or alteration. Located from 19th Street & Coolidge Avenue to 18th Street & Hoover Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee 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 C.S. Legacy Construction Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general labor. Materials: concrete, asphalt, landscaping, fencing, irrigation supplies. Equipment: paving equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 25, 2017; Joint tenants, tenants in common, or other owners Signature of Owner 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 August 25, 2017 at, National City, California. Signature: RON MORRISON, MAYOR Noc09-05 -1- NATIONS pint INCo poRA?8D J FINAL CONTRACT BALANCE DATE: 09/27/17 PROJECT: PARADISE CREEK EDUCATIONAL PARK FY 16-17 CIP No. 16-08 TO: ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $ 612,243.00 November 17, 2016 August 24, 2017 100 Working Days 93 Working Days 193 Working Days 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 The City requested proposals for additional Landscaping, Salvage of Overlook. This Change Order total amount was $ 2,838.14. Change Order # 2 The City requested proposals for additional Concrete Slab and DG. This Change Order total amount was $ 16,872.52. Change Order #3 The City requested proposals for additional shed, trex deck, fencing, gate, railings, and stairs. This Change Order total amount was $ 30,739.84. Change Order #4 The City requested proposals for a construction entrance to the park phase 2 site for sewer tank pump out. This Change Order total amount was $ 3,518.64. Changer Order #5 Per the City's request, the trail along the creek extending to 22nd Street will not be constructed. This change order reduces the quantities of bender board from 2447 LF to 353 LF and stabilized decomposed granite by 70 tons. However, a quantity in the bid schedule was mis-stated by 23 tons of stabilized DG. Item 22 included 100 tons, item 23 included 25 tons and there was 23 tons missing from the garden area. A total of 148 tons should have been included in the bid schedule. Therefore, the new adjusted line items for stabilized DG is 148 tons minus 70 tons equaling 78 tons to be paid. In addition, the contractor was not able to procure some plant materials in the sizes called for in the plans. A cost credit was accepted for smaller plants. This Change Order credit was $ 20,357.25. -2- FINAL CONTRACT BALANCE PARADISE CREEK EDUCATIONAL PARK CIP No. 16-08 All Change Orders listed above increased the total contract amount $ 645,854.89. There were numerous line item adjustments per the attached FINAL BILLING STATEMENT that resulted in a total deduction of $ 21,185.00. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 645,854.89. 2. As a result of the satisfactory completion of said project, a retention amount of $ 31,233.49 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. C.S. Legacy Construction Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. -3- RESOLUTION 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY C.S. LEGACY, INC., FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $645,854.89, RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $31,233.49, AND AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by C.S. Legacy, Inc., for the Grove Street Drainage Enhancements Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed by Crest Equipment, Inc., for Paradise Creek Educational Park Project is accepted, the total final contract amount of $645,854.89 is approved, the Mayor is authorized to execute the Notice of Completion, and payment for said work is ordered to be made in accordance with said contract, including release of retention in the amount of $31,233.49. PASSED and ADOPTED this 7th day of November, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk C.S. LEGACY, INC. NOTICE OF COMPLETION PARADISE CREEK EDUCATIONAL PARK PROJECT CIP NO. 16-08 Vendor has original copy of recorded Notice of Completion Confirmed by Judy H. (ENG/PW)