HomeMy WebLinkAbout07 PROJECT 700085 04-06-98AGENDA-- ?
DATE: APRIL 6, 1998
NO. 7
4-6-98
In t er-C o m
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DMSION
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - PHASE IV REGIONAL
TRAII,S, REASSESSMENT DISTRICT NO. 95-1 (PROJECT NO. 700085)
RECOMMENDATION
It is recommended that the City Council, at their meeting of April 6, 1998, adopt Resolution No. 98-26 accepting said
work and authorize the recordation of the Notice of Completion and direct the City Clerk to:
1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the
Notice of Completion.
2. Release of 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 Phase IV Regional Trails is $522,527.06, which includes seven
contract change orders to Chase MCD. The contract change orders were for work connected with unforeseen
conditions involving removal and disposal of excess native material, construction and/or relocation of drainage
facilities, construction of additional retaining walls, construction of additional sidewalk, slope grading and additional
work associated with the irrigation system. The contractor, Chase MCD, abandoned the project resulting in the Surety
completing the work.
The funding for this project was provided by Reassessment District 95-1.
BACKGROUND
This project provided for the construction of Regional Bicycle and Equestrian Trails, irrigation and landscaping fi-om
the intersection of Tustin Ranch Road and Portola Parkway to the Peters Canyon Road cul-de-sac as shown on the
attached location map:
DISCUSSION
The Tustin City Council, at their meeting of July 3, 1995, awarded the construction contract for the Phase IV Regional
Trails to Chase MCD, Inc. The construction of the trails and landscaping was completed by the contractor, however,
during the ninety-day maintenance and plant establishment period, Chase MCD abandoned the project. As a result the
Public Works Department has been working through the surety company (Amwest Surety Insurance Company) to
have the deficiencies completed such as, weeding and plant replacement. A dispute between the City and the Surety
Company concerning replacement of certain trees, and costs associated with maintenance and plant replacement, has
recently been resolved.
Additionally, during the same time period, the State DMsion of Labor Standards Enforcemem filed a claim for wages
owed pursuant to the provisions of Labor Code Section 1727. The City is required to withhold funds until this claim
has been resolved. The Division of Labor Standards and the Surety Company have reached an agreement on this issue
and the project can now be accepted by the City. City Council acceptance of the project will enable the City to turn
over the maintenance responsibilities for the trails to the County of Orange. Maintenance of the landscaping along the
trails is the responsibility of the City with funding being provided through the Tustin Landscape and Lighting District.
Tim D. Seflet
Director of Public Works/City Engineer
TDg-JO:ecg: Final aecepam~ PI Phase IV Reg frails 98
Associate Civil Engineer
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RESOLUTION NO. 98-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR
PHASE IV REGIONAL TRAH.S REASSESSMENT DISTRICT 95-1
(PROJECT NO. 700085)
WHEREAS, Chase MCD, having a contract with the City of Tustin to construct the
hereinafter described public works and imprOvement; 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 along with the contractor's
surety company (Amwest Surety Insurance Company) have Completed said public
improvement hereinatter more particularly described in accordance with the provisions of the
contract documents and the Notice of Completion, and acceptance of said public works and
improvement should be filed and payment of the balance due said contract authorization 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 is found to be complete, and the same is
hereby accepted. Said public work and improvement is more particularly described as
follows:
Phase IV Regional Trails, Reassessment District 95-I (Project No. 700085)
AND BE IT FURTHER RESOLVED that the City Engineer of the City of Tustin
be, and is hereby authorized to execute and file a Notice of Completion for the acceptance of
said public works and improvement described herein as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6t~ day of April 1998.
ATTEST:
Jeffery M. Thomas, Mayor
City Clerk
1' = 600'