DATE:
December 10, 2024
CATEGORY:
Consent
DEPT.:
Public Works
TITLE: Cuesta Park Fitness Court,
Project 21-57—Construction Acceptance
RECOMMENDATION
Accept Cuesta Park Fitness Court, Project 21-57, and authorize the final contract payment.
BACKGROUND AND ANALYSIS
“Acceptance” of a construction contract is a legal event recognized by state law when the City verifies that the contractor has satisfactorily completed a public project. Once accepted, the work on the public project is complete and other actions occur, such as final payment to the contractor and the release of bonds obtained by the contractor that ensure completion of the project. Following acceptance, the City becomes responsible for maintenance of th e public project.
On June 13, 2023
, Council took the following actions on the Cuesta Park Fitness Court project:
1. Transferred and appropriated $249,500 in additional funding;
2. Made environmental findings;
3. A pproved plans and specifications;
4. Authorized staff to advertise for bids; and
5. A uthorized the City Manager or designee to award a construction contract to the lowest responsible bidder if the bid was within the project budget.
The contract was awarded to Silicon Valley Paving , Inc. , of San Jose at the low- bid price of $333,411. This project included the installation of a new fitness court and pedestrian pathway repaving at Cuesta Park.
Cuesta Park Fitness Court, Project 21-57—Construction Acceptance December 10, 2024
The final construction cost of $ 292,743 is within the construction contract amount of $ 333,411 and included a final quantity adjustment change order resulting in contract savings of $ 40,668.
All work has been completed in accordance with the approved plans and specifications.
FISCAL IMPACT
Cuesta Park Fitness Court, Project 21-57, is funded with $428,810 from the Park Land Dedication Fund, $150,000 from El Camino Hospital, and $22,190 from the Capital Improvement Program (CIP) Reserve Fund, for a total project budget of $601,000.
The total project expenditure is estimated to be approximately $ 590,000 and is within the allotted budget, including design, project administration, construction management, inspection, and other costs. Any remaining funds will be returned to the CIP Reserve Fund and Park Land Dedication Fund in proportion to the project’s use of these funding sources once the project is closed.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $250 from a party, participant, or agent of a party or participant in the proceeding within the last 12 months. A city official is similarly prohibited from accepting, soliciting, or directing a campaign contribution exceeding $250 from a party, particip ant, or agent of a party or participant to any proceeding involving a license, permit, or other entitlement for use for 12 months after a final decision is rendered in said proceeding.
Please refer to the “X” in the checklist below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
_x_ Competitively bid contract
___ Labor or personal employment contract
___ General policy and legislative actions
For more information about the Levine Act, please see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html .
Cuesta Park Fitness Court, Project 21-57—Construction Acceptance December 10, 2024
ALTERNATIVES
1. Determine that the improvements have not been completed in conformance with City standards and decline to accept the improvements until they are completed to the satisfaction of the City Council.
2. Provide other direction.
PUBLIC NOTICING—Agenda posting.
Prepared by:
Vincent Chang
Associate Civil Engineer
Reviewed by:
Ashraf Shah
Principal Civil Engineer
Edward Arango
Assistant Public Works Director/
City Engineer
Approved by:
Jennifer Ng
Public Works Director
Audrey Seymour Ramberg
Assistant City Manager
VC-AS-EA/LL/4/CAM
979-12-10-24CR
204693
cc: APWD— Arango, PCE —Byrer, Gonzales, Shah, PPM—Printy, SPM -Saiidnia, SPWI —Tam, SCE—Avramova, SMA —Goedicke, SMA —Doan, PA —Li, [email protected], F (21-57)