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18-0918_RICH CONSTRUCTION, INC._E8_Agenda Report9/18/2018 E8 Fr. < City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: �njamin Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director �ittit PPREPARED BY: Mike Marquis, P.E., Associate Civil Engineer DATE: September 18, 2018 SUBJECT: Resolution for Notice of Completion and Acceptance of Work for Construction of the Eastern Irrigation Water System Project (Rich Construction Inc.) (CIP 17808) RECOMMENDATION: 1. Adopt a resolution declaring the work for construction of the Eastern Irrigation Water System Project complete, accepted, and approved; and, 2. Direct the City Clerk to process recording of a Notice of Completion for the Project. DISCUSSION/ANALYSIS On May 15, 2018, the City Council approved a Construction Agreement with Rich Construction Inc. for construction of the Eastern Irrigation Water System Project (CIP 17808). The Project provides irrigation water to the Golf Club as required under a settlement agreement between the City and the Golf Club by connecting City well sites to the Golf Club irrigation system. The Project was constructed within budget in accordance with the contract documents, is operational to the satisfaction of the Public Works and Utilities Director, and is ready for acceptance. Accordingly, it is recommended that the City Council direct the City Clerk to process and record a Notice of Completion (Attachment 1) and adopt a resolution (Attachment 2) declaring the work for construction of the Project complete, accepted, and approved. City Council Agenda Report September 18, 2018 Page 2 of 2 FISCAL IMPACT: The Project construction budget was $484,000, plus a 10% contingency of $48,400, for a total of $532,400. Two contract change orders were approved in the total amount of $32,350 to complete extra work, resulting in a total construction cost of $516,350. The remaining amount of $16,050 will be retained in CIP 17808 for other work that may be required at this facility over the next year. ENVIRONMENTAL IMPACT: The present action of declaring the work to be completed for the Project is not subject to CEQA pursuant to Section 15060(c)(3) of CEQA Guidelines because the action is not a project as defined in Section 15378 of the CEQA Guidelines, and the action has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW: On May 15, 2018, the City Council approved and authorized the City Manager to execute a Construction Agreement with Rich Construction Inc. for construction of the Eastern Irrigation Water System Project. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On May 15, 2018, the Utilities Commission recommended that the City Council approve and authorize the City Manager to execute a Construction Agreement with Rich Construction Inc. for construction of the Eastern Irrigation Water System Project. NOTIFICATION: Rich Construction Inc. ATTACHMENTS: Attachment 1: Proposed Notice of Completion Attachment 2: Proposed Resolution RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION (Civil Code Section 9204) NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Rich Construction Inc., 24480 Jenny Lane, Murrieta CA 92562, on May 15, 2018, for construction of the Eastern Irrigation Water System Project. That said work was completed on September 14, 2018, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 18"' day of September, 2018, by Resolution No. 18 -09 -18 - That upon said contract, the Indemnity Company of California was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this day of , 2018. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO Maria Morris, City Clerk City of San Juan Capistrano } ss. I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2)1 declare the forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this day of , 2018. Maria Morris, City Clerk City of San Juan Capistrano ATTACHMENT 1, Page 1 of 1 RESOLUTION NO. 18-09-18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE EASTERN IRRIGATION WATER SYSTEM PROJECT AND APPROVING THE TOTAL COST OF CONSTRUCTION (CIP 17808). WHEREAS, On May 15, 2018, the City of San Juan Capistrano entered into a construction contract with Rich Construction Inc. for construction of the Eastern Irrigation Water System Project; and, WHEREAS, the Public Works and Utilities Director has evaluated the final quantities and cost figures and recommends approval of the costs; and WHEREAS, the Public Works and Utilities Director has evaluated the work and deemed that it has been completed in accordance with the plans and specifications and recommends acceptance of the Eastern Irrigation Water System Project as completed in accordance with plans, specifications, and approved change orders, and in accordance with the final inspection of the City Engineer. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. The Eastern Irrigation Water System Project required to be performed by Rich Construction Inc. has been completed in accordance with the plans, specifications, and approved change orders. SECTION 2. The total cost of said construction work is in the amount of $516,350 is hereby approved. SECTION 3. The Eastern Irrigation Water System Project is hereby accepted. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Clerk/Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 18th day of September 2018. ATTEST: Maria Morris, City Clerk Sergio Farias, Mayor ATTACHMENT 2, Page 1 of 1