CC SR 20230516 H - PVDS PVDE Signal Revised Final Payment to Crosstown
CITY COUNCIL MEETING DATE: 05/16/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize a revised final payment for the completion
of the traffic signal at Palos Verdes Drive South and Palos Verdes Drive East.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Director of Public Works to make a revised final payment in the
amount of $33,212.59 to Crosstown Electrical & Data, Inc. for the completion of
the Traffic Signal at Palos Verdes Drive South and Palos Verdes Drive East
Project.
FISCAL IMPACT: None.
Amount Budgeted: $342,762
Additional Appropriation: $0
Account Number(s): 215-400-8837-8802 (Prop C-Traffic Signal at PVDS/PVDE-Other Improvements)
ORIGINATED BY: James O'Neill, Project Manager
Lincoln Lo, Public Works Deputy Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. October 18, 2022 City Council Staff Report (page A-1)
BACKGROUND AND DISCUSSION:
On October 18, 2022, the City Council accepted the Traffic Signal at Palos Verdes Drive
South and Palos Verdes Drive East as complete, authorized the City Manager and City
Clerk to file a Notice of Completion with the Los Angeles County Registrar -Recorder’s
Office, and authorized the Director of Public Works to release the 5% retention as part of
a $26,375.30 final payment to Crosstown Electrical & Data, Inc. (Crosstown), contingent
upon no claims being filed on the project. (Attachment A)
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More than 35 days after the recordation of the Notice of Completion has elapsed, and no
claims have been filed on the project. While the final payment to Crosstown was being
processed, Staff discovered a mathematical error whereby the final payment amount
erroneously excluded retention from prior invoices. Therefore, the final payment amount
of $26,375.30 presented to the City Council was incorrect and should have been
$33,212.59, an increase of $6,837.29, in accordance with the contract amount. The final
total contract amount remains unchanged at $269,277 as shown in Table 1 below. A
project financial summary table is presented in Table 2.
Table 1- Final Contract Amount
Revised Contract Amount $269,277
Amount Paid to Date $(236,064.41)
Final Payment Amount with all Retention Released $33,212.59
Table 2- Project Financial Summary Table
CONCLUSION:
Staff recommends that the City Council authorize the revised final payment amount of
$33,212.59 to Crosstown Electrical & Data, Inc. to correct the previously reported final
payment amount which erroneously excluded the complete release of retention.
ALTERNATIVE:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Take other action, as deemed appropriate.
8837 - Traffic Signal at PVDS and PVDE
Fund Budget Notes
215 20,151.31 FY19-20
215 248,328.31 FY20-21
215 81,359.00 CC SR 8/17/2021
215 125,000.00 CC SR 3/1/2022 (Aesthetic Modifications)
Revised Budget 474,838.62
Fund Project Budget
Project-to-Date
Actuals
Project-to-Date
Committed
Project
Remaining
Balance
8005 Engineering Design Services 215 160,253.62 38,752.62 38,040.00 83,461.00
8006 Inspection 215 30,380.00 23,303.28 - - PO closed, balance returned to fund.
8802 Other Improvements 215 284,205.00 281,886.56 3,045.00 (726.56)
Project Total 474,838.62$ 343,942.46$ 41,085.00$ 82,734.44$
Project Costs Summary
Project Budget Summary
Description
Revised Budget
Additional Appropriation
Additional Appropriation
Revised Budget
2
CITY COUNCIL MEETING DATE: 10/18/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to file a Notice of Completion for the Traffic Signal at
Palos Verdes Drive South and Palos Verdes Drive East Project.
RECOMMENDED COUNCIL ACTION:
(1) Accept the Traffic Signal at Palos Verdes Drive South and Palos Verdes Drive East
Project as complete in accordance with the plans, specifications, construction
contract approved by the City Council and Contract Officer’s approved changes;
(2) Authorize the City Manager and City Clerk to file a Notice of Completion for the
project with the Los Angeles County Registrar-Recorder’s Office, and if no claims
are filed within 35 days after recordation, send a notice to the surety company to
exonerate the Performance Bond; and,
(3) Authorize the Director of Public Works to release the 5% construction retention , as
part of a $26,375.30 payment to Crosstown Electrical & Data, Inc. marked “final
payment”, 35 days after the recordation of the Notice of Completion by the Los
Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed
on the project, and the contractor posting an acceptable warrant bond with the City.
FISCAL IMPACT: The total project cost to date is $327,659.90
Amount Budgeted: $474,838.12
Additional Appropriation: None
Account Number(s): 211-400-8837-XXXX (1911 Act Street Lighting Fund – Traffic Signal at PVDS and PVDE –
Various Accounts)
ORIGINATED BY: James O’Neill, Project Manager
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Notice of Completion (page A-1)
B. August 17, 2021, staff report (page B-1)
C. July 20, 2020, staff report (page C-1)
RANCHO PALOS VERDES
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A-1
BACKGROUND AND DISCUSSION:
A construction contract for the traffic signal at Palos Verdes Drive South (PVDS) and
Palos Verdes Drive East (PVDE) was awarded by the City Council on July 20, 2020, in
the amount of $205,478, to Crosstown Electrical & Data, Inc. The contract was amended
by the City Council on August 17, 2021 to add crosswalks and associated curb ramps
and equipment, including equestrian and pedestrian pushbuttons. The amendment
resulted in a revised contract amount of $269,277.
The Traffic Signal at PVDS and PVDE Project consisted of the installation of a new traffic
signal and crosswalks to improve left turn traffic operations at the intersection. Another
expected benefit of the signal is platooning of vehicles to create more gaps at various
intersections along PVDS including Forrestal. Construction was completed in April 2022,
and the signal was placed into operation on April 28, 2022.
Since then, Staff requested a final invoice from Crosstown Electrical & Data on numerous
occasions, and Crosstown has failed to provide them, stating that they are reviewing their
project records for possible changed conditions. Staff informed Crosstown Electrical &
Data that documentation for changed conditions must be presented at the time a changed
condition occurs and repeatedly requested documentation over the past several months,
to which Crosstown Electrical & Data has been unresponsive . At this time, Staff
recommends the City file a Notice of Completion so the 35-day formal window of
opportunity for any claims can begin.
The contract includes a 12-month warranty period requiring the contractor to remedy any
defective work. The project area will be monitored for the duration of the warranty period.
A financial summary of the project is in the following table:
It is important to note that the City Council expressed concerns over the size and aesthetic
impact of the traffic signal at its meeting on March 1, 2022. The City Council directed Staff
to identify design modifications to the signal to reduce the aesthetic impact, and staff is
8837 -Traffic Signal at Pa los Verdes Drive South & Palos Verdes Drive East
D escription Budget Notes
Revi sed B udget FY1 9-20 20,151 .31
Revi sed B ud get FY20-21 248,327.8 1
A ddi tional Appropriation FY21 -22 81 ,359 00 CC Approva l 08-1 7-2021
Additional Appropriati on FY21 -22 125,000.00 CC Approva l 03-0 1-2022
474,838.12
E xpenditures
Budget Committed t hrough 10 -07 -2022 Balance Notes
P roject Cost s: -----8005 Engineering D esign Services 149,151 .81 23,978.31 125,173.50
8005 SCE Line Extension 11 ,101 .31 11 ,101 .3 1
8802 Profess i onalfrechnical S e rvi ces 269,27700 26,37530 242,90170
Original contingency amount was
8802 Contin gency 14,928.00 14,928.00 -$26 ,928. Cont ingency w as redu ced by
$12,000 to support ad dt'I design needs.
8006 Inspection 30 380.00 23 303.28 PO c losed. Balanc e ret urned to fund .
Total Project Costs 474,838.12 41 ,303.30 301 ,284.60 125,173.50
$ -$ 4 1,303.30 $ 301,284.60 $ 125,173.50
A-2
reviewing a proposal from a design firm for that work and expects to make a
recommendation to the City Council in the future on that subject. However, that direction
does not directly affect the contract with Crosstown Electrical & Data, as it constructed
the new signal and placed it into operation in accordance with the plans , specifications,
construction contract approved by the City Council, and Contract Officer approved
changes.
Intersection prior to the new signal:
Intersection after the new signal was installed:
r
---~-~ ______ 2J
-
A-3
CONCLUSION:
Crosstown Electrical & Data has completed all work in accordance with the plans,
specifications, and construction contract. Therefore, Staff recommends accepting the
project as complete and filing a Notice of Completion with the Los Angeles County
Registrar-Recorder’s Office. If no claims are filed within 35 days after recordation, the City
will mail a check to Crosstown for $26,375.30 marked “final payment”, which includes the
5% retention for their contract, and upon the contractor posting an acceptable warranty
bond, notify the surety company to exonerate the Performance Bond. The remaining
project budget will be utilized for design modifications to the traffic signal, per the City
Council’s directive at the March 1, 2022 City Council meeting.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action are available for the
City Council’s consideration:
1. Direct Staff not to file the Notice of Completion for the Traffic Signal at PVDS and
PVDE Project.
2. Take other action, as deemed appropriate.
A-4
Revised 05/2019
To be recorded with County Recorder
within 15 days after completion.
No recording fee.
RECORDING REQUESTED BY:
City of Rancho Palos Verdes
Attn: City Clerk
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
AND WHEN RECORDED MAIL TO:
Same as above
THIS SPACE FOR RECORDERS USE ONLY
NOTICE OF COMPLETION
(CA Civil Code 9204- Public Works)
Notice is hereby given by the undersigned owner, a public entity of the State of California, that a
public work of improvement has been completed, as follows:
Project title or description of work:
Date of completion:
Nature of owner:
Interest or estate of owner:
Address of owner:
Name of contractor:
Address of contractor:
Street address or legal description of site:
Dated: ___________________________ Owner: City of Rancho Palos Verdes
(Name of Public Entity)
By:
Title:
____________________________
Ara Mihranian, City Manager
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I am the City Clerk of the City of Rancho Palos Verdes, the public entity which executed the foregoing
notice and on whose behalf I make this verification; I have read said notice, know its contents, and the
same is true. I certify under penalty of perjury that the foregoing is true and correct.
, California on (Date) Executed at Rancho Palos Verdes
By:
Title: Teresa Takaoka, City Clerk A-5