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FROM: DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 20, 2007
SUBJECT: NOTICE OF COMPLETION FOR THE FORRESTAL NATURE PRESERVE SWALE IMPROVEMENT PROJECT
1. Accept the work as complete.
2. Authorize the City Clerk to file a Notice of Completion with the County Recorder. If no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds.
3. Authorize the Director of Public works to release the 5% retention payment to Garcia Juarez Construction Inc, 35 days after recordation of the Notice of Completion by the County Recorder. This release is contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond.
The project consisted of repair, pipe installation, and cleaning of a damaged swale (Concrete V-ditch) to stop further erosion from the water, and repair of the eroded slope. The contract for the project was awarded to Garcia Juarez Construction, Inc. on September 19, 2006. Since that time, all work has been completed in accordance with the plans and Specifications.
The final project costs are as follows:
The contingency amount was used to correct unforeseen conditions that were exposed after the swale was cleaned and additional construction work required to protect the swale and the slope.
City Council meeting on the January 30, 2007 the issue of adverse impact on 0.2 acres of nature preserve caused by the contractor’s unauthorized soil dumping was discussed. Based on the City’s Natural Community Conservation Planning (NCCP), habitat adverse impacts are required to be mitigated at a ratio of 3:1. Mitigation can be provided by re-vegetation of the habitat or payment of a fee of $25,000 per acre of mitigation. The contractor was informed of the impacts and has paid the City $15,000 as required for the impacted area. Additionally the contractor has given the city $2,000 to mitigate impact caused by the construction activity. Staff is working with Palos Verdes Land Conservancy to re-vegetate the impacted area.
Concrete Swale Improvement project is completed as identified in the contract scope of work for the safety and functionality of the concrete swale.
There are some additional maintenance works needed in Nature Preserve, which is not part of this contract. For example: the chain link fence repair along Forrestal drive and cleaning of the area along Forrestal drive behind the curb. These items will be reported to the Forrestal Advisory Board for their action.
The recommended action has no fiscal impact to the City. This project was budgeted in “Measure A” grant fund.
Garcia Juarez Construction, Inc. has successfully completed all work in accordance with the plans and specifications and has paid for the required mitigation fees. Therefore, the project needs to be accepted as complete and a Notice of Completion filed.
Attachment: Notice of Completion