HomeMy Public PortalAbout2023.103 (09-05-2023)RESOLUTION NO. 2023.103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A REQUEST
FOR FUNDING FOR THE BURKE HAM PARK PLAYGROUND FOR PROJECT CLOSEOUT AND
ACCEPTING THE PROJECT AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF
COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE AND THE RELEASE
OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE
WHEREAS, in 2016, the Department of Recreation and Community Services
affirmed that the existing playground was too small to meet community demand for
playground space; and
WHEREAS, The Burke Ham Park Playground Project (Project) consists of a new
playground system for children ages 5 through 12, park improvement with new landscape
and hardscape, new lighting, new irrigation system, a shade structure, benches, new turf,
a drinking fountain, a swing set, new park entry archway and new trees and planters; and
WHEREAS, On November 17, 2020, the City awarded the contract to the lowest
responsible bidder, Civic Construction Associates in the amount of 496,409.00; and
WHEREAS, the project had a previously approved Budget of $725,000; and
WHEREAS, the construction of the Project started on February 24, 2021; and
WHEREAS, On April 19, 2022, City Council formally terminated the construction
contract with Civic Construction and issued a Notice of Termination to the Ohio Casualty
Company (Surety); and
WHEREAS, On July 5, 2022, City Council approved Surety Takeover Agreement
and allowed the replacement contractor TBH Construction to complete the project; and
WHEREAS, there were fourteen (14) contract change orders executed in the
amount of $52,939.22; and
WHEREAS, the final date of construction was March 3, 2023 for Burke Ham Park
Playground Project and staff found that all work was completed in accordance with the
project plans and specifications; and
WHEREAS, the total construction cost including construction management,
inspection, project management and labor compliance is $670,897.73; and
WHEREAS, there is a remaining balance of $410,343.54 for Construction Cost
from (Ohio Casualty Insurance Company) and Construction Management (dSantana
Arquitectura) for the project; and
WHEREAS, the project budget was not carried forward to Fiscal Year 2024,
therefore the remaining balances cannot be paid;
WHEREAS, staff is reqictsktigterfires.i12t#Aggve funding to the Burke Ham
Park Project to pay the remaining balances and accept the project as complete.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council for the City of Lynwood finds and declares that the
forgoing recitals are true and correct and incorporates said recitals fully into this
Resolution as substantive findings.
Section 2. That the City Council of the City of Lynwood approves of funding to
the Burke Ham Park Project from the following source and in the following amount
APPROPRIATION
FUND
DEPT
DIV
OBJECT
DESCRIPTION
AMOUNT
Budgetary Transfer Out
9055
2019 Lease Revenue
Bond
$415,000.00
Budgetary Transfer In
4011
68
To be
determined
62015
Burke Ham Park
Playground Project
$415,000.00
Section 3. The City Council authorizes the Director of Public Works or his
designee to process the recordation and filing of the Notice of Completion with the Los
Angeles County Recorder's Office.
Section 4. The City Council authorizes the release of the 5% retention 35 days
after acceptance.
Section 5. Authorize the Mayor to execute the Resolution for and on behalf of
the City of Lynwood.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the adoption of this Resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 5th day of September 2023.
Oscar Flores
Mayor
ATTEST:
LAU "1444697n
Maria Quinone
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia lerw—
City Attorney
Julian Lee
Director ci# Public Works
o
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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 meeting held on the 5th day of September 2023.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez,
City Clerk
Date: //0/z-5
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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. 2023.103 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 5th day of September 2023.
fit,1O n/ui " t9 Date: ql ca/Z3
Maria Quinonez, 00
City Clerk