G-4 - Vision Internetcms6ftp.visioninternet.com/novato/agendas/pdfstaffreports/cc092617_G-4.pdfon any party which has provided preliminary twenty-day notice in accordance with Civil

cc17_169

STAFF REPORT

MEETING DATE: September 26, 2017

TO: City Council

FROM: Gosia Woodfin, Assistant Engineer

PRESENTER: Christopher Blunk, Deputy Public Works Director / City Engineer

SUBJECT: ACCEPT NOTICE OF COMPLETION - MEASURE A GROUP 8 & 9 CONTRACT 2 PAVEMENT REHABILITATION CIP PROJECT NO. 16-001 & 17-001

REQUEST

Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Measure A Group 8 & 9 Contract 2 Pavement Rehabilitation CIP projects No. 16-001 & 17-001.

DISCUSSION

This project consisted of rejuvenating scrub seal and micro-surfacing, and replacement of thermoplastic striping and markings. The construction work began on July 24, 2017, and was completed on August 30, 2017. The work progressed through to completion with minor delays, but did not exceed the allowable working days.

City Council action is needed to formally accept the construction contract work as complete. Recordation of the Notice of Completion commences a 35–day time period for filing of any mechanic’s or material supplier’s liens on payment due for work performed under this contract.

PUBLIC OUTREACH

1. A public workshop was held on August 31, 2016, with three attendees. Notices to almost670 property owners were mailed on August 17, 2016. Staff introduced the project andprovided answers to questions from residents.

2. Before construction work began, project funding identification signs were installed at 5locations, and were maintained for the duration of contract 1 (concrete work) and contract2 (paving).

3. All residents and property owners affected by the project received notices from contractorsbefore construction work began. The notices included project scope, schedule and contactinformation. Additional notices were distributed prior to paving operations.

4. Notices about public hearing and bid advertisements for this project were published in localnewspapers and posted on City of Novato website multiple times.

922 Machin Avenue Novato, CA 94945

415/ 899-8900 FAX 415/ 899-8213

www.novato.org

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5. The Project’s web page was being updated regularly during construction:http://novato.org/streetpaving2017

6. The project was presented to the Novato City Council at the following meetings:

• October 11, 2016: Prohibition of Excavation• November 15, 2016: Approve Plans and Specifications and Authorize Bid

Advertisement for Contract 1-Roadway Preparation and Concrete Work and CEQAExemption.

• January 10, 2017: Adopt a Resolution Rejecting All Bids and Authorizing Re-Bid(Contract 1)

• February 28, 2017: Award Construction Contract (Contract 1)• April 25, 2017: Authorize Bid Advertisement for Contract 2• June 13, 2017: Award Construction Contract (Contract 2)

ENVIRONMENTAL ASSESSMENT

This project was determined to be Categorically Exempt from CEQA as detailed in the staff report presented at the November 15, 2016, City Council meeting.

FISCAL IMPACT

This project was funded by Measure A Local Streets (309), Gas Tax (272), and Long Term Maintenance - Infrastructure funds. The project is included in the City of Novato Adopted Capital Improvement Program Budget for 2017/2018.

After the public bid, on June 13, 2017, the City Council awarded a construction contract to the lowest responsible bidder, American Pavement Systems, Inc. in the amount of $471,408.83 to construct the Measure A Group 8 & 9 Contract 2 Pavement Rehabilitation. The project was completed within budget and within the approved amount contracted for with American Pavement Systems, Inc.

The requested action will enable final payment of budgeted and obligated five percent retention funds to the Contractor subsequent to a 35-day waiting period after the notice of completion is recorded. Contractor and subcontractors are affected regarding release of retention payments and insurance.

RECOMMENDATION

Accept the work as complete, and authorize the City Manager to sign the Notice of Completion.

ALTERNATIVE

1. Direct staff otherwise.

ATTACHMENTS

1. Notice of Completion2. Vicinity Map3. Street List4. CIP Budget Excerpt

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©ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, INC. -1-

Recording Requested by City of Novato

When Recorded Mail To

Name City of Novato, City Clerk

Street Address 922 Machin Avenue

City/State/Zip Novato, CA 94945

SPACE ABOVE THIS LINE FOR RECORDER’S USE

RECORD WITHOUT NOTICE OF COMPLETION FEE PER G.C.27383

NOTICE IS HEREBY GIVEN THAT:

On the 15th day of September, 2017 a work of improvements was completed consisting of applying rejuvenating scrub seal and micro-surfacing, and replacement of thermoplastic markings and striping in paved areas, for Measure A Group 8 & 9 Contract 2 Pavement Rehabilitation, CIP Projects #16-001 and 17-001._____________________________________________________________________________________

(General Work Description)

under an original contract(s) between

City of Novato, 922 Machin Avenue, Novato, CA 94945 _____________________________________________________________________________________

(Owner’s Name and Address)

the owner of the underlying properties, and

American Pavement Systems, Inc. _____________________________________________________________________________________

(Original Contractor’s Name)

the original contractor, on the properties described as

streets specified on the attached list _____________________________________________________________________________________

(Legal Description)

and located at

various street sections throughout the city of Novato. _____________________________________________________________________________________

(Street Address)

© Associated General Contractors of California, Inc. 2005 -over-Form AGCC – 15 Revised 1/05

ATTACHMENT 1 G-4 1.

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©ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, INC.

The interest of the contracting owner in the above-described property is in the nature of

Public Right-of-Way ___________________________________________________________________________

(e.g., “fee simple,” “lessee,” “purchaser under contract of purchase”).

The full names and addresses are for all persons or entities having an ownership interest in the above-described property during the pendency of the work of improvement and the term of cessation, are set forth as follows:

City of Novato 922 Machin Avenue, Novato, CA 94945

Dated: _______________________________ CITY OF NOVATO OWNER

By _________________________________ Regan M. Candelario, City Manager or his Agent

NOTE: California Civil Code § 3259.5 requires that a copy of the Notice of Completion be served on any party which has provided preliminary twenty-day notice in accordance with Civil Code § 3097 within ten days after recordation of this Notice; the notification shall be sent by registered or certified mail or by first class mail, evidenced by a certificate of mailing. Failure to give notice to a contractor or claimant within ten days of recording the Notice of Completion shall extend the period of time in which that contractor or claimant may file a mechanics’ lien or stop notice to ninety days beyond the date that a Notice of Completion has been recorded.

For purposes of this requirement, the term “Owner” means a person who has an interest in real property or the person’s successor-in-interest on the date a Notice of Completion is filed, who causes a building, improvement or structure to be constructed, altered or repaired on the property. The term “Owner” does not include a person who occupies the real property as a personal residence and the dwelling consists of not more than four residential units, not does it include a person who has a security interest in the property.

VERIFICATION

I, the undersigned, state: I am the City Manager of the City of Novato (“Agent of,” “President of,” “A Partner of,” “Owner of,” etc.) the claimant named in the foregoing Notice of Completion; I have read said claim of Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: ____________________________________ ____________________________________ Regan M. Candelario, City Manager or his Agent

NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of January 1, 2005.

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Road Name Begin End

1 ADAMS COURT JOHNSON ST NORTH END

2 ARTHUR STREET S. NOVATO BLVD HAYES ST

3 ARTHUR STREET HAYES ST WASHINGTON ST

4 ARTHUR STREET WASHINGTON ST INDIAN VALLEY RD

5 BROWN DRIVE WASHINGTON ST BROWN CT

6 BROWN DRIVE BROWN CT SOUTH END

7 CAMBRIDGE STREET JOHNSON ST ARTHUR ST

8 DENISE COURT WESTWOOD DR SOUTH END

9 GARFIELD STREET ARTHUR ST NORTH END

10 GARNER DRIVE WASHINGTON ST JACKSON DR

11 HARDING DRIVE WASHINGTON ST 1000 FT EAST OF WASHINGTON

12 HARDING DRIVE 1000 FT EAST OF WASHINGTON ST WEST END

13 HARRISON COURT CAMBRIDGE ST WEST END

14 HAYES STREET ARTHUR ST NORTH END

15 IGNACIO BOULEVARD KATHY CT INDIAN VALLEY COLLEGE

16 JACKSON COURT JACKSON DR WEST END

17 JACKSON DRIVE JACKSON CT TRUMAN DR

18 JOHNSON STREET END EAST OF CAMBRIDGE END NORTH OF ADAMS

19 MCCLAY ROAD NOVATO BLVD CENTER RD

20 OLIVE AVENUE #626 ROSALIA DR

21 OLIVE AVENUE ROSALIA DR SAMROSE DR

22 PEACH STREET CHASE ST OLIVE SCHOOL

23 PIERCE DRIVE ROWLAND BLVD CUL DE SAC

24 REBECCA WAY OLIVE AVE END

25 RITA COURT OLIVE AVE END

26 RUDNICK AVENUE OLIVE AVE SUMMERS AVE

27 TRUMAN DRIVE BROWN DR 1000 FT WEST OF BROWN DR

28 TRUMAN DRIVE 1000 FT WEST OF BROWN DR SOUTH END

Measure A Group 8 & 9 Pavement RehabilitationCIP Projects #16 001 & 17 001

W:\Engineering\CIP Projects_Active\16 001 Msr A Grp 8 Pvmnt Rehab\Contract 2\ 4/18/2017

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ATTACHMENT 4

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