CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
7/11/2022
1 SUBJECT:
Notice of Completion for the Frontierland Park Drainage & Walkway Improvement Project RECOMMENDED ACTION:
Adopt a Resolution of the City Council of the City of Pacifica accepting improvements and directing the City Manager to file a Notice of Completion for the Frontierland Park Drainage & Walkway Improvement Project; and authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Lawrence Henriquez, P.E., Associate Civil Engineer
[email protected]
(650) 738-3772
Sam Bautista, P.E., Deputy Director of Public Works
[email protected]
(650) 738-3771
Lisa Petersen, P.E., Director of Public Works
[email protected]
(650) 738-3770
BACKGROUND/DISCUSSION:
On May 10, 2021, Council approved the plans and specifications for the Frontierland Park Drainage & Walkway Improvement Project and authorized the City Manager to award and execute a Construction Services Agreement in an Amount Not to Exceed $300,000, including contingencies and change orders. On May 12, 2021, staff advertised the project and bids were opened on June 23, 2021.
The project was awarded to the low bidder, Dryco, Inc. and consisted of grading and paving of the pedestrian pathway with hot mix asphalt concrete, drainage improvements, and removal and installation of a new entrance gate. During construction, one change order was issued to address additional work, which consisted of a seal coat application of the parking lot and main entrance roadway, parking lot restripe, and pickleball court striping. The change order was in an amount of $19,645, increasing the construction cost to a total of $273,295, which was under the construction budget.
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 Pacifica City Council 2
July 11, 2022
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, $13,664.75, 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:
Approval of the construction contract and related agreements for the Frontierland Park Drainage & Walkway Improvement 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. The project repaired and rehabilitated City aging infrastructure found at Frontierland Park, which included the construction of a pedestrian walkway and drainage improvements, striping of the basketball and pickleball courts, and new entrance gate.
FISCAL IMPACT:
There is no fiscal impact associated with the filing of the Notice of Completion. The total construction cost amounted to $273,295, which is within Council’s approved project budget of $300,000.
Total Project Source and Use of Funds
General Capital Improvement Fund 22 (Design) $ 50,000
General Capital Improvement Fund 22 (Construction) $ 300,000 Total Source of Funds $ 350,000
Actual Construction Cost $ (273,295)
Actual Design Cost $ (50,000)
Total Use of Funds $ (323,295)
Project End Balance $ 26,705
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Pacifica City Council 3
July 11, 2022
Attachment 1 - Notice of Completion - Frontierland Park Drainage & Walkway Improvements Project(PDF)
Pacifica City Council 4
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
A NOTICE OF COMPLETION FOR THE
FRONTIERLAND PARK DRAINAGE & WALKWAY IMPROVEMENTS 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 Dryco Construction, Inc., on November 24, 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 11th day of July 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
By:
Mary Bier, Mayor
ATTEST:
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney