CC Resolution 13059 - Campbell Park Improvements Project No. 17-DD Notice of Completion RESOLUTION NO. 13059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ACCEPTING THE CAMPBELL PARK IMPROVEMENTS PROJECT NO. 17-DD;
DIRECTING THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION; AND
AUTHORIZING THE FINANCE DIRECTOR TO PERFORM A BUDGET ADJUSTMENT
WHEREAS, on November 16, 2021, City Council adopted Resolution No. 12780
' awarding the construction contract to the Goodland Landscape Construction, Inc., the
lowest bidder and increased the project budget by $672,100 using funds from the
Parkland Dedication Fund; and
WHEREAS, the construction was substantially completed in accordance with the
approved plans and specifications, and a dedication event was held on November 17,
2022, to celebrate the completion and opening of the newly renovated Campbell Park
playground and new restroom building; and
WHEREAS, after the opening, some items required further addressing by the
contractor, but all outstanding construction issues have now been resolved; and
WHEREAS, California Fence Supply, a subcontractor to Goodland Landscape was
found to be in violation of the Labor Code due to nonpayment of correct wages to
workers for work performed and failed to comply with wage restitutions; and
WHEREAS, City distributed the wage restitutions in the amount of $34,507 to the
appropriate workers as required by Labor Code; and
WHEREAS, violation of Labor Code by California Fence Supply'resulted in penalties of
$10,600 due to the City; and
WHEREAS, the sum of the wage restitution and penalties will be deducted from the
final retention the City would release to Goodland Landscape; and
WHEREAS, the Source of Funds includes the unforeseen labor compliance penalties
due to the City; and
WHEREAS, the Use of Funds is lower than the budget amount due to unused
construction contingency; and
WHEREAS, the remaining project balance of $44,080 is recommended to return to
Parkland Dedication Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby accepts the improvements for the Campbell Park Improvements Project No. 17-
DD; directs the City Engineer to file the Notice of Completion; and authorizes the
Finance Director to perform a budget adjustment.
PASSED AND ADOPTED this 3rd day of October, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTE T:
44 eke/ de4
Andrea SandersoOity Clerk
City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
Public.Works 17-DD Campbell Park Improvement Project October 3,2023 BA-7
Budget to be Reduced
Fund/Program Account Number Description Amount
EXPENDITURES
435.17DD 7883 Improvements Other Than Building(Project Savings) 44,080.00
Budget to be Increased
Fund/Program Account Number Description Amount
REVENUES
295.990 6999 Capital Transfer In(to Parkland Fund) 44,080.00
EXPENDITURES
435.990 9999 Capital Transfer Out(from Capital Projects Fund) 44,080.00
REASON FOR REQUEST-BE SPECIFIC:
Project closeout:
1)Sources of Funds:+$10,600
a)Labor Compliance Penalties to City$10,600(will be shown as a decreased retention payment expense)
2)Use of Funds:-$33,480
a)Increase design by$2,550
b)Decrease construction engineering by$1,708
c)Decrase construction contract by$34,322
3)Transfer Savings back to Parkland Fund:$44,080
Will Fuentes Todd Capurso Brian Loventhal
Finance Director Public Works Director City Manager