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Item 3 - CONSIDERATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF FRIENDSHIP PARK IMPROVEMENTS - PROJECT NO. 21035AGENDA ITEM NO.3 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: November 1, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF FRIENDSHIP PARK IMPROVEMENTS - PROJECT NO. 21035 RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Accept the work performed by Jaynes Brothers Construction, Inc. for the Friendship Park Improvements project (Project No. 21035), with a final contract amount of $231,792.58; 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 September 7, 2021, the City Council authorized award of a contract to by Jaynes Brothers Construction, Inc., in the amount of $201,258.43 for the Friendship Park Improvements project. The project included site preparation, installation of City furnished basketball court equipment, playground equipment, fitness equipment and entry signs at Friendship Park. On June 21, 2022, the City Council approved a construction contingency at 25% of awarded construction contract and authorized the City Manager to approve change orders in an amount not to exceed $57,948.15 for unanticipated project costs. The total established construction budget was $259,206.58. 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 $231,792.58, 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. 21035 (CDBG account no. 131.80.7004.7700) and was completed within the approved construction estimate: Construction Contract $201,258.43 25% Contingency Allowance $50,314.61 Total Construction Budget $251,573.04 Actual Expenditures $231,792.58 (Over)/Under Budget $19,780.46 Attachments Attachment No. 1 - Notice of Completion CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness A Creative and Active Communuty ATTACHMENT NO. 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of West Covina 1444 W. Garvey Ave. S. West Covina, CA 91790 EXEMPT FROM RECORDING FEES — GOVERNMENT CODE §§ 6103, 27383 NOTICE OF COMPLETION (California Civil Code § 9204) NOTICE IS HEREBY GIVEN THAT: 1. Name and Address of Owner. The City of West Covina ("City"), a municipal corporation, whose address is 1444 W. Garvey Ave. S., West Covina, California 91790, is the fee owner of the public work of improvement described herein and of the property containing said public work of improvement. 2. Description of Public Work of Improvement. The public work of improvement is the project known as: Friendship Park Improvements — Project No. 21035. 3. Location of Public Work of Improvement. The public work of improvement is generally located at 3740 S. Sentous Ave., West Covina, CA 91792. 4. Award of Contract; Contractor. On September 7, 2021, the City awarded a contract to construct the public work of improvement to Jaynes Brothers Construction, Inc., 996 Lawrence Dr., Suite 201, Newberry Park, CA 91320. 5. Date of Completion. The public work of improvement was completed to the satisfaction of the City Engineer on: June 22, 2022. 6. Date of Acceptance. The City Council accepted the public work of improvement on November 1, 2022. David Carmany, City Manager Date City of West Covina VERIFICATION I, the undersigned, say: I am the Assistant City Clerk of the City of West Covina, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , at West Covina, California. Lisa Sherrick Assistant City Clerk