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HomeMy Public PortalAbout2015.145 (08-18-15)RESOLUTION NO. 2015.145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING TO AMEND CS LEGACY CONSTRUCTION'S CONTRACT AMOUNT TO $4,829,000 TO COVER CHANGE ORDERS DUE TO UNFORESEEN COST RELATED TO THE DEVELOPMENT OF THE LYNWOOD LINEAR AND APPROPRIATE $350,000 TO COMPLETE THE PROJECT WHEREAS, on June 15, 2012, the California State Parks' Office of Grants and Local Services (OGALS) awarded the City of Lynwood a grant for the construction of the Lynwood Linear Park Project in the amount of $4,949,957; and WHEREAS, on September 2, 2014 staff presented a report to Council anticipating the development of the Linear Park to exceed the amount provided in Prop 84 Grant funding; and WHEREAS, On November 4, 2014 Council awarded the Linear Park construction contract to CS Legacy Construction Inc; and WHEREAS, on November 26, 2104 CS Legacy entered into a contract with the City in the amount of $4,683,274 to construct the Lynwood Linear Park and on December 1, 2014 the park was officially under construction; and WHEREAS, on January 20, 2015, staff reported to Council the budget for the Linear Park project site fully maximized the funds provided by the State's Prop 84 grant program and sited change orders, though not encouraged, are at times an unavoidable issue that must be addressed that may create financial shortfalls in completing a Project; and WHEREAS, as the Park's completion date quickly approaches, we have experienced unforeseen circumstances that have caused the use of additional resources that requires the City to consider appropriation of additional funds to complete the Park Project and increase CS Legacy's Contract amount by $145,726.22 to cover said change orders; and WHEREAS, an appropriation of $350,000 will cover the funds needed to complete the development of the Linear Park and increase the total funding for this project to $5,688,912; and WHEREAS, City staff has been directed to identify funding source(s) to address the shortfall in order to complete the construction of the Park; and WHEREAS, the City finds that the unforeseen circumstances that have been identified justify the need for additional funds and an appropriation of funds and further action is in order to complete the Linear Park. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and agrees the completion of the Lynwood Linear Walking Park Project is of great importance and due to unforeseen circumstances, additional funding and action is required to complete said Project. Section 2. That the City hereby approves the draft First Amendment of CS Legacy Construction's Agreement as submitted and agreed herein subject to final review and execution by all parties thereto. Section 3. That the City Council hereby directs staff to identify a funding source(s) that will address an overall project funding shortfall of $350,000 needed to complete the development of the Linear Park Project, and to bring identified funding source(s) back to Council at the next meeting for consideration in order to complete a total funding for this project of $5,688,912. Section 4. That the City authorize the Mayor or appointed designee to execute a first amendment to the Agreement with CS Legacy Construction in the amount of $145,726.22, increasing total amount of construction contract to $4,829,000, in a form approved by the City Attorney. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18th day of August, 2015. ATTEST: Maria Quinonez, City Clerk PA APPROVED AS TO FORM: �' �J/' UA� David A. Garcia, City Attorney APPROVED AS TO CONTENT: J. Arnoldo Beltran, City Manager r T Bru o Naulls, Project Manager Community Development , STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of August, 2015. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, SANTILLAN -BEAS AND SOLACHE NOES: COUNCIL MEMBER HERNANDEZ ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2015.145 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of August, 2015. j - Clerk 2