Loading...
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