CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/8/2022
1 SUBJECT:
Notice of Completion for the Equalization Basin Water Cannon and Check Valves Installation Project
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 Equalization Basin Water Cannon and Check Valves Installation 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:
The Wet Weather Equalization (EQ) Basin is a key facility to mitigate storm-related sanitary sewer overflows (SSOs) in the Lower Linda Mar neighborhood. This project is one of the major elements in the City’s comprehensive approach for mitigating SSOs and complying with the Regional Water Quality Control Board (RWQCB) issued Cease and Desist Order and corresponding Consent Decree.
EQ Basin Project construction was completed in 2020. City staff identified cost-effective measures that will result in lowering operations and maintenance costs by performing modifications to the basin wash down system and pump discharge valving through the Equalization Basin Water Cannon and Check Valves Installation Project. The project included installation of new check valves and water cannons; piping appurtenances; and supporting work.
The City Council approved an agreement with GSE Construction Company to complete the project on August 9, 2021, for a construction contract amount of $139,700 and established a budget authority of $165,000. The final contract construction cost for the project was $157,835, which included two change orders in a total amount of $18,135. The two change orders were for additional work approved by the City to add more hose connections to each of the four water cannons and modify water supply piping and appurtenances for better operations.
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 Pacifica City Council 2
August 08, 2022
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, $7,891.75, 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:
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 $157,835.00, which is within Council’s approved project budget of $165,000.00.
Total Project Source and Use of Funds
Wastewater Enterprise Capital Fund 34 (Construction) $ 165,000.00 Total Source of Funds $ 165,000.00
Actual Construction Cost $ (157,835.00)
Total Use of Funds $ (157,835.00)
Estimated Project End Balance $ 7,165.00
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A - Notice of Completion (PDF)
Pacifica City Council 3
August 08, 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 EQUALIZATION BASIN WATER CANNON AND CHECK VALVES INSTALLATION PROJECT (C031)
_____________________________________________________________________ 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 GSE Construction Company, Inc. on November 19, 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 8th day of August 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