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CC SR 20170620 J - Sunnside Ridge Trail Segment NOCRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 06/20/2017 AGENDA HEADING: Consent Calendar Consideration and possible to approve the Notice of Completion (NOC) for Sunnyside Ridge Trail Segment Project. RECOMMENDED COUNCIL ACTION: (1) Accept the project as complete; (2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Recorder; and if no claims are filed within 35 days after recordation, and send a notice to the surety company to exonerate the Payment and Performance Bond; and, (3) Authorize the Director of Public Works to release the 5% construction retention payment to Concept Consultants, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. FISCAL IMPACT: The final cost of construction was $353,494. The original amount was $290,864.00. Due to the change in design, constructability, and access issues, there was a difference of $62,360. Amount Budgeted: $465,000 Additional Appropriation: N/A Account Number(s): 330 -400 -8033 -8802 - ORIGINATED BY: Charles Eder, PE, Associate Engineer �_° REVIEWED BY: Nicole Jules, PE, Deputy Director of Public Works APPROVED BY: Doug Willmore, City Manager n,- ATTACHED SUPPORTING DOCUMENTS: A. Notice of Completion (page A-1) B. Completed Project Pictures (page B-1) BACKGROUND AND DISCUSSION: The Sunnyside Ridge Trail Segment Project (Project) is a point-to-point trail for equestrians and pedestrians that provides a connection between Sunnyside Ridge Road and Palos Verdes Drive East. This trail segment is part of the City's Conceptual Trails Plan and the Palos Verdes Loop Trail. It is located within a recorded trail easement that traverses two privately -owned lots, which are currently developed with 1 single-family residences, one of which was part of the vacated Narbonne Avenue right- of-way. The Project was awarded in November 2015. Redesign was needed to follow the City Attorney's recommendation to avoid the existing retaining wall on the adjoining resident's property. A limited Notice to Proceed was given to the Contractor in May 2016. Excavation for the walls needed to be deeper than originally anticipated and additional walls and fencing added to the project scope, increasing the cost and time required to complete the work. The total cost of the project is summarized in the following table: CONSTRUCTION COST SUMMARY ITEM AMOUNT Council Authorization (construction + 10% contingency) $ 320,864 Construction Costs Construction Contract $ 290,864 Change Orders $ 62,630 Total Construction Costs $ 353,494 The City has received a delay claim from the contractor. The contractor is claiming that his work was delayed during construction which resulted in restricted bonding capacity, which prevents him from potentially bidding on other projects, and therefore, reducing his ability to obtain work. This claim was forwarded to the City Attorney's office for review. ALTERNATIVES In addition to the Staff recommendations, the following alternative action is available for the City Council's consideration: Do not issue the Notice of Completion for the Project. 2 RECORDING REOUESTED BY: City of Rancho Palos Verdes WHEN REGOADED MAIL TO. Name City Clerk Street City of Rancho Palos Verdes Address 30940 Hawthorne Blvd. Cllr Rancho Palos Verdes Stale CA Zip 90275 L J Space above this line for recorder's use NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) 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 Citv of Rancho Palos Verdes 3. The full address of the owner is Hawthorn -Blvd., Rancho Palos Verdes, CX 4. The nature of the interest or estate of the owner is: In fee (11 other than Fee, strike min lee' and insen_ [or example, 'purchaser under conlract of purchase or'Lessso'f S. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES &. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:. NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on Tune 20 2017The work done was: Sunnyside Ridge Trail Segment E. The names of the contractor, if any, for such work of improvement was Concept Consultant, Inc. til no contractor for work of improvement as a whole, insen'Non$') (Date of Coniracii =- 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Los Angeles State of CA , and is described as follows: 2477 Sunnyside Ridge Roa v 10. The street address of said property is 2477 Sunnyside Ridge Road (If no street address has been officiaNy assigneo, insert "mne'.f Dated (Signature of Owner or corporate oMicst of Dimer named in paragraph 2, or his agent) City of Rancho Palos Verdes VERIFICATION I, the undersigned, say: t am the City Clerk the Declarant of the foregoing Notice of Comjru,,, (President of, Manager of, Partner of. Owner of, Sic.) I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. l declare under pe perjury that the foregoing is true and correct. Executed on .20 17 at Rancho Palos Verdes (Personal signature of the individuaf who is swearing that the oontenls of the Notice of Corrpteicn are I Atto re you use this farm fill in all Consult a lawyer andwyer make whatever chanes are appropriate and necessary �P670715 o our articular transaction. Consult a la acct ou doubt the farm s fitness for your purpose and use.Wolcotts makes no representation or warranty, express or implied, with resppgct to the merchantabilityr 01114 z or fitness o1 this form for an intended use or purpose. 02005 WOLCOT,7 S FORMS, INC. FORM 1114 Rev. 10-05 DSC? NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 14 DAYS after the completion of the work of improvement Oto be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the dale the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one co -tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of worm done or materials furnished pursuant to such contract (e.g., 'The foundation for the improvements"), (2) Insert the name of the contractor under the particular contract'in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner -builder jobs.,, In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. A-2 BEFORE AFTER IS