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cc15_162

STAFF REPORT

MEETING

DATE: October 27, 2015

TO: City Council

FROM: Petr Skala, Assistant Engineer

PRESENTER: Russ Thompson, Public Works Director

SUBJECT: NAVE DRIVE MULTI USE PATH (MUP) NOTICE OF CONSTRUCTION

COMPLETION

REQUEST

Consider accepting the work as complete and authorizing the City Manager to sign the Notice of

Completion for Nave Drive Multi Use Path, CIP Project No. 15-011.

RECOMMENDATION

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

DISCUSSION

This project constructed a 1,590 lineal feet class I multi-use path along Nave Drive between Main

Gate Road and Bolling Drive and a new left turn pocket in southbound Nave Drive. The work

included construction of a retaining wall, pathway lighting, bioretention facility, wooden split-rail

fence between the path and street, upgrade to shoulder parking, removal and replacement of (11)

trees, minor road widening, roadway signs and pavement striping and markings.

The Nave Drive Multi Use Path (CIP Project No. 15-011) was funded by BAAQMD Grant funds

(283), and Gas Tax (272) funds.

On June 9, 2015 City Council awarded a construction contract to the lowest responsible bidder,

Maggiora & Ghilotti, Inc., in the amount of $617,503.00, plus ten percent (10%) contingency of

$61,750.30, totaling $679,253.30 to construct the Nave Drive Multi Use Path Project. Maggiora &

Ghilotti Inc. started work on the project on June 29, 2015. The project was completed at final

construction cost of $617,598.88 on October 9, 2015.

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.

922 Machin Avenue Novato, CA 94945

(415) 899-8900 FAX (415) 899-8213

www.novato.org

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ENVIRONMENTAL ASSESSMENT

This project has been determined to be Categorically Exempt from CEQA as detailed in the staff

report presented at the April 14, 2015 City Council meeting.

FISCAL IMPACT

Accepting the work as complete 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.

ALTERNATIVES

1. If Council or public is aware of work remaining to be completed, per the project plans and

specifications, continue this item and direct staff to seek completion.

ATTACHMENTS

1. Notice of Completion 2. CIP Budget Excerpt 3. Location Map

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©ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, INC.

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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 9th day of October, 2015 a work of improvements was completed consisting of construction a class I multi-use path, left turn pocket, retaining wall, pathway lighting, bioretention facility, wooden split-rail fence, upgrade to shoulder parking, removal and construction of concrete curb, gutter and sidewalk, removal and replacement of (11) trees, hot mix asphalt road widening, roadway signs installation and pavement striping and markings for the Nave Drive Multi Use Path, CIP Project No. 15-011. _____________________________________________________________________________

(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 Maggiora & Ghilotti, Inc., _____________________________________________________________________________

(Original Contractor’s Name)

the original contractor, on the properties described as Nave Drive, _____________________________________________________________________________

(Legal Description)

and located between Main Gate Road and Bolling Drive in the city of Novato. ____________________________________________________________________________

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

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©ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, INC.

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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 _________________________________ Michael S. Frank, 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: ____________________________________ ____________________________________ Michael S. Frank, 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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Project No.: 15-011 Base Code: 431

Sub Prior to

Project Expenditure Objects 15/16 15/16 16/17 17/18 18/19 19/20 Total

Proj Develop 410 82,000 0 82,000

Construction 430 679,253 679,253

Construction Mgt 440 47,000 47,000

TOTAL 82,000 726,253 0 0 0 0 808,253

Sub Prior to

Funding Source Objects 15/16 15/16 16/17 17/18 18/19 19/20 Total

Gas Tax (272) 410 29,000 29,000

Gas Tax (272) 430 65,050 65,050

Gas Tax (272) 440 12,554 12,554

General Fund (101) 410 12,000 12,000

General Fund (101) 430 210,370 210,370

Grant BAAQMD (283) 410 41,000 41,000

Grant BAAQMD (283) 430 403,833 403,833

Grant BAAQMD (283) 440 34,446 34,446

TOTAL 808,253 0 0 0 0 0 808,253

CARRYOVER 726,253

Funded

Nave Drive Multi Use Path

Project Objective: To improve Nave Drive from Main Gate Road to Bolling Drive to include a multi-use path

along the east side and a dedicated left turn lane for southbound traffic entering the Hamilton School/ Gym

parking lot.

Project Description and Background: In 2013 staff started receiving requests from residents in theHamilton area for improved pedestrian facilities along Nave Drive in the vicinity of the Hamilton Meadows school

and new gym. Staff applied for and received two consecutive rounds of Transportation for Clean Air (TFCA)grants through the Bay Area Air Quality Management District, that provide the majority of the funding. Since the

filing of the first TFCA grant, an additional improvement (left turn lane) has been identified as a benefit,

increasing the proposed cost. General fund was allocated by budget amendment in June 2015 to cover thefunding gap to account for the additional scope and the low bid recieved.

Basis for Cost Estimate: The costs are based on the low bid recieved and awarded by Council in June 2015.

Basis for Schedule: Construction is tentatively scheduled to take place in summer of 2015; The first round ofTFCA funding has a November 2015 deadline for expenditure.

Revenue Considerations: Partial funding was secured through the TFCA grant, and the gap closure is being

funded with Gas Tax and General Fund.

PROPOSED E-41 10/19/2015

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GRAPHIC SCALE

LOCATION MAP

PROJECT LOCATION

PROJECT LOCATION: Nave Drive between Main Gate Road and Bolling Drive.

SCALE: 1:24,000

PROJECT NAME: Nave Multi Use Path; CIP No: 15-011

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