HomeMy WebLinkAbout19 PROJECT 400022 04-15-96NO. 19
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DATE:
April 15, 1996
Inter-Com
TO:
FROM:
SUBJECT:
William A. Huston, City Manager
Community Seveices Department
Public Works Department/Engineering Division
TUSTIN SPORTS PARK (PROJECT NO. 400022) - RESOLUTION 96-35 - ACCEPTANCE OF
PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE NOTICE OF COMPLETION
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 96-35, accepting said work as complete and
authorizing the recordation of the Notice of Completion, and direct the City Clerk to:
Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date
of recordation of the Notice of Completion, and
,
Release the Faithful Performance Bond not sooner than one year after the date of
recordation of the Notice of Completion.
FISCAL IMPACT
The final cost of the construction contract for the Tustin Sports Park is $3,327,419. The City's Capital
Improvement Program/Budget provided $3,370,124 for this project.
BACKGROUND
The project provided 20 acres of parkland in Tustin Ranch complete with two softball fields, one baseball
field, two multi-use soccer fields, six lighted tennis courts, two basketball courts, a multi-use path, group
picnic pavilion, a concession building with restrooms, and a parking lot for 201 vehicles.. All fields are
provided with lighting sensitive to the surrounding neighborhood.
The project was substantially complete as of October, 1995, at such time the City occupied the facility.
Punch list work was only recently completed to the City's satisfaction. Currently, there are claims and
stop notices totaling $171,465, backcharges from the City in the amount of $11,600, and liquidated
damages totaling $60,000, assessed due to the delay in timely completion of the work.
The City is currently withholding $215,025 in retainage, which will be dispersed under one of two
'scenarios. One, currently the contractor has claims and stop notices filed against him totaling $171,465.
If the Contractor can obtain written unconditional releases from all claimants before the 35 day lien period
expires, the $171,465 will. be released to the contractor. Two, if, at the end of the 35 day lien period, part
or all of the claims are still outstanding, the City will execute the unconditional releases to each claimant
remaining, before releasing negotiated final payments to the contractor. The outlined approach discussed
above has been approved by the City Attorney.
Tim D. Serlet ~ ·
Director of Public Works/City Engineer
SC
Mike Henley ,.f ,/
Director, Community Se~ic~s
Edward Elowe
Project Manager
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attachments
WP51/E DE/B:\COUNCIL\TSPNOC. CC
1 RESOLUTION NO. 96-35
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING WORKS OF
IMPROVEMENT AND AUTHORIZING RECORDATION OF
NOTICE OF COMPLETION FOR THE TUSTIN SPORTS
PARK (PROJECT NO. 400022).
WHEREAS, E.A. Mendoza Contracting, having a contract with the City of Tustin to
construct the hereinafter described public works and improvements; and
WHEREAS, The City Engineer has dUly certified to the construction and completion
of ~said public improvements hereinafter mentioned in a manner satisfactory to the
City Council of the City of Tustin; and
WHEREAS, the City Council finds that said contractor has completed said public
improvement hereinafter more particularly described in accordance with the
provisions of the contract documents and the Notice of Completion, and acceptance
of said public work and improvement should be filed and payment of the balance due
said contract authorized in accordance with the contract documents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
that said public work and improvement be accepted, and the same is hereby accepted.
Said public work and improvement is more particularly described as follows;
Tustin Sports Park (Project No. 400022)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 15th day of April, 1996.
Mayor
ATTEST:
City Clerk