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Item 3 - CONSIDERATION OF NOTICE OF COMPLETION FOR INSTALLATION OF RUBBERIZED PLAYGROUND SURFACING AT PALMVIEW, AROMA & WALMERADO PARKS - PROJECT NO. 21005AGENDA ITEM NO.3 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: September 20, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF NOTICE OF COMPLETION FOR INSTALLATION OF RUBBERIZED PLAYGROUND SURFACING AT PALMVIEW, AROMA & WALMERADO PARKS - PROJECT NO. 21005 RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Accept project completion for the Palmview, Aroma & Walmerado Parks Rubberized Safety Surfacing (PIP) Installation project (Project No. 21005) as performed by R.E. Schultz Construction, Inc., with a final contract amount of $439,584.50; and 2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. BACKGROUND: On February 1, 2022, the City Council authorized award of a contract to R.E. Schultz Construction, Inc., in the amount of $431,424.50 for the Palmview, Aroma & Walmerado Parks Rubberized Safety Surfacing (PIP) Installation project (Project No. 21005). The project included removal and disposal of existing playground surfacing including poured -in -place rubberized material, woodchips, and sand, protecting existing playground equipment and footings in place and all related work at Palmview Park, Aroma Park and Walmerado Park. The City Council also authorized the City Manager to approve change orders in an amount not to exceed $64,713.70 (15% of awarded contract) for unanticipated project costs. The total established construction budget was $496,138.20. DISCUSSION: All required improvements were constructed in conformance with the approved plans and specifications. The work was performed within the contractually specified duration and to the City Engineer's satisfaction. Construction costs totaled $439,584.50, which is within the approved construction budget. The City retains five percent (5%) of each payment to the contractor as retention to ensure payment to subcontractors and material suppliers before final payment to the contractor. The City Council's acceptance of the project and the City's recordation of the Notice of Completion trigger timeframes within which subcontractors or material suppliers must file claims for payment if they have not been paid by the contractor. If no claims are filed within 35 days of the filing of the Notice of Completion, the City will release retention and any remaining amount due to the contractor. LEGAL REVIEW: The City Attorney's Office has reviewed the staff report. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction. Prepared by: Okan Demirici PE, CIP Manager Fiscal Impact FISCAL IMPACT: This contract was funded under Project No. 21005 (Account No. 143.80.7004.7700). The contract was completed within the approved construction budget. Construction Contract $431,424.50 15% Construction Contingency $64,713.70 Total Construction Estimate $496,138.20 Actual Expenditures (Over)/Under Estimate $439,584.50 $56,553.70 Attachments Attachment No. 1- Notice of Completion CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness A Creative and Active Communuty RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF WEST COVINA 1444 W Garvey Ave S West Covina, CA 91790 per NOTICE OF COMPLETION use Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner and 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: CITY OF WEST COVINA 3. The full address of the owner is: 1444 W Garvey Ave S, West Covina, CA 91790 4. The nature of the interest or estate of the owner is: In Fee 5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES NONE 6. The full names and fill 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 NONE 7. A work of improvement on the property hereinafter described was completed on June 24, 2022. The work was: Installation of Rubberized Playground Surfacing at Palmview. Aroma & Walmerado Parks 8. The name of the contract, if any, for such work of improvement was R.E. Schultz Construction, Inc. February 1. 2022 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT'NONE') (DATE OF CONTRACT) 9. The property on which the work of improvement was completed is in West Covina, County of Los Angeles, State of California, and is described as follows: City owned facility 10. The street address of the property is Palmview Park located at 1340 E Puente Ave. West Covina: Aroma Park located at 2201 E Aroma Dr, West Covina: and Walmerado Park located at 625 E Merced Ave. West Covina. (IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT 'NONE') Dated: (NAME) , City Manager (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT) VERIFICATION I, the undersigned, say: I am the Of , the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on: (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.))