CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/11/2022
1 SUBJECT:
Notice of Completion for the FY 2021-22 Base Repair Project RECOMMENDED ACTION:
Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the FY 2021-22 Base Repair Project; and Authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Raymund Donguines, Senior Civil Engineer
[email protected]
(650) 738-3768
Sam Bautista, Deputy Director of Public Works
[email protected]
(650) 738-3771
Lisa Petersen, Director of Public Works
[email protected]
(650) 737-3767
BACKGROUND/DISCUSSION:
On January 24, 2022, Council authorized the City Manager to Award and Execute Construction Agreement for the FY 2021-22 Base Repair Project with G. Bortolotto & Co., Inc. The FY 2021- 22 Base Repair Project targeted failed pavement areas on Oceana Boulevard and Sharp Park Road to address safety issues and prevent these streets from falling into more expensive repair categories prior to the preventative slurry seal scheduled in the City’s 5-year plan.
There were two construction change orders issued to the contractor G. Bortolotto & Co., Inc. during construction in the amount of $65,345.35. The change orders were for increase of construction items and additional base repairs along Francisco Boulevard. With these change orders, the final contractor construction cost for the project was $216,554.25.
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 the City intends 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 against the City for any nonpayment on the part of the contractor.
The City withheld 5% of the contract amount, $10,827.72, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received.
Pacifica City Council 2
July 11, 2022
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 1) 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:
Approval of the Notice of Completion for the FY 2021-22 Street Asphalt Base Repair 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. This construction project will improve existing City streets and roads.
FISCAL IMPACT:
There is no fiscal impact associated with the filing of the Notice of Completion. The total project Source and Use of Funds table is shown below. The project balance will remain in Fund 09.
Total Project Source and Use of Funds
FY 2020-21 & FY 2021-22 Concrete and Curb
Ramps Improvement Project unused balance
$166,357.87
FY 2020-21 & FY 2021-22 Pavement Resurfacing
Project unused balance
$192,609.63
Total Source of Funds $358,967.50
Construction Cost $151,208.90
Change Order #1 $37,408.65
Change Order #2 $27,936.70
Total Use of Funds $216,554.25
Project End Balance $142,413.25
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment 1 - Notice of Completion for the FY 2021-22 Base Repair Project (PDF) Pacifica City Council 3
July 11, 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
FY 2021-22 STREET ASPHALT BASE 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 G. Bortolotto & Co., Inc., on January 24, 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 11th day of July 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
By:
Mayor Mary Bier
ATTEST:
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney