CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:
Notice of Completion for the Serra Drive Outfall Repair Project and approval of Amendment No. 1 for Inspection Services and approval of Amendment No. 2 for Design & Environmental Services
RECOMMENDED ACTION:
Adopt the resolution next in order a Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Serra Drive Outfall Repair Project; and Authorize the City Manager to release the retention funds to the contractor; and approve Amendment No. 1 for Construction Inspection Services; and approve Amendment No. 2 for Design and Environmental Services.
STAFF CONTACT:
Lawrence Henriquez, P.E., Associate Civil Engineer
(650) 738-3772
[email protected]
Sam Bautista, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
In January 2017, the property located at 1411 Serra Drive was impacted by a landslide to the rear of the property due to high flows from San Pedro Creek and heavy rainfall. The City maintains storm drainage improvements located within the boundary of the 1411 Serra Drive property that were affected by the incident. Pursuant to a Mutual Release and Settlement Agreement between the City and the owner of 1411 Serra Drive, the City agreed to repair its infrastructure, which is located to the rear of the 1411 Serra Drive property (APN 023-261-310) and adjacent to the San Pedro Creek. The project included the repair of an existing concrete storm drainpipe and headwall situated behind two private residences (1407 & 1411 Serra Drive) along San Pedro Creek. Project components included the removal of the existing damaged headwall, high density polyethylene pipe (HDPE), and spillway. A new reinforced concrete headwall, wingwall, wall footings, spillway, piers, grouted rock rip-rap energy dissipator and a new 15” HDPE storm pipe were installed. In addition, the City and it's consultant and sub-consultant, Woodard & Curran and WRA, respectively, were coordinating environmental and biological permitting requirements with the California Department of Fish and Wildlife Services, the United States Department of Fish and Wildlife Services, and the United States Army Corps of Engineers.
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DESIGN & ENVIRONMENTAL SERVICES:
In January 2020, staff held a meeting with Woodard & Curran (design consultant) and the California Department of Fish and Wildlife (CFWS) at 1411 Serra Drive. Following CFWS’s assessment of the project design conditions it was determined that a CEQA Categorical Exclusion could not be granted and instead the more rigorous Initial Study/Mitigated Negative Declaration (IS/MND) would be required. The additional work was not part of the original scope of work by Woodard & Curran, which necessitated Amendment No. 1 and was approved by City Council on July 13, 2020 to include preparation of an Initial Study/Mitigated Negative Declaration, Bid Services, and additional Engineering Services. Consequently, in order to finalize the permitting and CEQA IS/MND, Amendment No. 2 (Attachment A) was requested with an additional task for construction support and specialized monitoring services during the construction phase in the amount of $111,285. Other project components were needed which required more effort to respond to than initially expected. These included the development of a revegetation plan, additional mitigation strategies for in-stream work, additional meetings/communications with agencies, and coordination costs. The specialized monitoring services were comprised of biological monitoring, which included fish relocation efforts, additional red-legged frog monitoring, and all required reporting. This amendment was instrumental in ensuring that the construction progressed without delays. The City Manager recommends the approval of Amendment No. 2 for the additional construction support and specialized monitoring services during construction.
CONSTRUCTION:
On May 24, 2021, Council authorized the City Manager to Award and Execute a Construction Services Agreement in an Amount Not to Exceed $463,100, including contingencies and change orders; and authorized staff to execute future change orders in an amount not to exceed twenty percent (20%) of the contract award amount for the Serra Drive Outfall Repair Project located in the easement at 1411 Serra Drive. The project was bid through the City’s ProcureNow Online Bidding System on June 3, 2021 with bids opened on June 30, 2021. The lowest bidder was Sandstone Environmental Engineering, Inc. with a bid of $304,100.
On August 9, 2021 Council approved a Consultant Services Agreement between the City of Pacifica and 4LEAF, Inc. in the amount of $55,835, which covered the contractor’s proposed 40 working day construction schedule, for Construction Inspection Services for the project.
During the course of construction, the contractor encountered difficulty drilling the seven (7) 30-foot-deep reinforced concrete piers to support the headwall and spillway due to high groundwater conditions. Staff met with the United States Department of Fish & Wildlife Services (USFWS) and US Army Corps of Engineers (USACE), which required additional construction inspection during weekends of the affected construction area. Working within the creek, construction timelines are very restrictive, and time is of the essence. If the construction was not completed by October 31, 2021, there was a potential for USFWS to suspend construction until April 1, 2022. However, the USFWS granted weekly permit extensions beyond October 31, 2021 to the final date of November 23, 2021 based on the City providing the additional construction inspection services to the end of construction. Staff asked 4LEAF to provide an amendment for additional inspection services per USFWS and USACE requirements. Amendment No. 1 (Attachment B) was in an amount of $40,014 to perform weekend inspections of the creek and to continue daily inspection services, surpassing the contractor’s original proposed 40-day construction timeline. The Project began construction during the week of August 9, 2021 and was successfully completed on November 23, 2021.
The City Manager recommends the approval of Amendment No. 1 for the additional construction inspection services.
The table below summarizes the actual construction schedule:
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Description Date
Council Approval of Plans and Authorize Bidding May 24, 2021 City Manager Award of Construction Agreement July 7, 2021 Construction Start August 9, 2021
Construction End November 23, 2021
As the project is now complete and staff is satisfied with the contractor’s work on the project, it is appropriate to record the formal Notice of Completion with the San Mateo County Recorder's Office. This recorded document is the legal notice that the City considers the project complete and that we intend to pay the contractor for the full and complete contract price. This also puts all subcontractors and suppliers on notice that if they have any claims for payment from the contractor, they have 30 days to file claims for payment against the City. This provision of contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims regarding any nonpayment on the behalf of the contractor. The City withheld 5% of the contract amount, $16,055.00, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received.
The City Manager is recommending the adoption of the attached resolution accepting completion of the project and the filing of the Notice of Completion (Attachment C) with the San Mateo County Recorder's Office.
ALTERNATIVE ACTION:
Council may choose not to adopt the resolution accepting completion of the project, but as the work has been satisfactorily completed, the contractor may file a claim against the City for nonpayment of retention if there are no claims.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adoption of the resolution accepting completion of the project is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise.
• Maintaining a Safe Community: includes supporting our first responders (police, fire, public works), responding to emergencies, protecting people, property, businesses, and our infrastructure (streets, sidewalks, storm, and wastewater), and engaging in emergency preparedness and prevention activities.
This project replaced a City-owned damaged storm drain outfall structure at the back property of 1411 Serra Drive, which will provide the neighborhood with an operable storm drainage system.
FISCAL IMPACT:
The expended funds will be reimbursed by the City’s insurance carrier. The following table is the Pacifica City Council 4
January 10, 2022
source and use of funds for the Project:
Total Project Source and Use of Funds
General Capital Improvement Fund 19 (Design) $ 475,811.00 General Capital Improvement Fund 22 (Construction) $ 463,100.00 Total Source of Funds $ 938,911.00
Actual Design (includes Amendment No. 2) $ (475,811.00) Actual Construction $ (321,100.00)
Materials Testing and Rebar Inspections $ (15,532.32)
4LEAF Inspection Services (includes Amendment No. 1) $ (92,365.84) Total Use of Funds $ (904,809.16)
Estimated Project End Balance $ 34,101.84
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment A - Amendment No. 2 - Woodard & Curran - Design and Enviromental Services (PDF)
Attachment B - Amendment No. 1 - 4Leaf - Construction Inspection Services (PDF) Attachment C - Serra Drive Outfall Repair Project Notice of Completion (PDF) Pacifica City Council 5
January 10, 2022
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
ACCEPTING COMPLETION AND DIRECTING THE CITY MANAGER TO FILE
A NOTICE OF COMPLETION FOR THE
SERRA DRIVE OUTFALL REPAIR PROJECT
_____________________________________________________________________ RESOLVED by the City Council of the City of Pacifica, California, that WHEREAS, the City Engineer of the said City has filed with the City Clerk of said City, his Certificate as to the completion of all of the work provided to be done under and pursuant to the contract between said City and Sandstone Environmental Engineering, Inc. on January 10, 2022, and
WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been fully completed as provided in said contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:
1. That acceptance of completion of said work be, and it is hereby, made and ordered.
2. That the City Manager is directed to file for record with the County Recorder of the County of San Mateo, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of January, 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney