CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/14/2022
1 SUBJECT:
Notice of Completion for the Emergency Sewer Repairs - SF RV Park RECOMMENDED ACTION:
Adopt 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 Emergency Sewer Repairs - SF RV Park Project; and authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Nelson Schlater, P.E., Senior Wastewater Engineer
(650) 738-3767
[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:
On Thursday, August 5, 2021, Public Works Wastewater Division was conducting routine maintenance on the 12-inch sewer main near 700 Palmetto Avenue. During the routine maintenance, the Public Works Wastewater Division staff discovered approximately an eightyfoot section of the 12-inch sewer main to be sagging and corroded. Upon further investigation, it was determined that the damage to the 12-inch sewer main was in danger of collapsing which would have created a hazardous condition, including the potential for sanitary sewer overflows and the potential to threaten the safety of persons and property, including critical public infrastructure. Such conditions were beyond the handling capability of the City’s services, personnel, equipment, and facilities. Therefore, an outside contractor was engaged to conduct an emergency repair; and a Proclamation of Local Emergency was declared on August 12, 2021. The local emergency proclamation was ratified by the City Council on the 23rd day of August, 2021.
To address this local emergency, the City entered into an agreement with Pacific Trenchless Inc. on September 8, 2021. The Project included: open trench installation of 98 LF of 12” PVC SDR 26 open trench sewer replacement of existing line; pipe-bursting installation of 180 LF of existing 12” sanitary sewer employing 12” HDPE DR; and installation of a new 5-ft diameter manhole. The award amount was $144,740. The final contractor construction cost for the project was $142,790. The local emergency proclamation was terminated by the City Council on the 27th day of September, 2021.
As the project is now complete and staff is satisfied with the contractor’s work on the project, it Pacifica City Council 2
March 14, 2022
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, $7,139.50, 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 “A”) 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 improving the sewer collection system and would help eliminate Sanitary Sewer Overflows.
• Maintaining a Safe Community: includes protecting people, property, businesses, and our wastewater infrastructure
FISCAL IMPACT:
There is no fiscal impact associated with the filing of the Notice of Completion. Project funding was available from the Wastewater Enterprise Capital Fund 34. The final total construction cost amounted to $142,790.00, which is within Council’s approved project budget of $144,740.00.
Total Project Source and Use of Funds
Wastewater Enterprise Capital Fund 34 (Construction) $ 144,740.00 Total Source of Funds $ 144,740.00
Actual Construction Cost $ ( 142,790.00)
Total Use of Funds $ ( 142,790.00)
Estimated Project End Balance $ 1,950.00
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A_Emergency Sewer Repair - SF RV Park NOC (PDF) Pacifica City Council 3
March 14, 2022
RESOLUTION NO. ________
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 EMERGENCY SEWER REPAIRS - SF RV PARK PROJECT (C005J)
_____________________________________________________________________ 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 Pacific Trenchless Inc. on September 8, 2021, 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 14th day of March 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