CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:
Notice of Completion for the Collection System Projects FY 2020-2021 Sacramento Easement 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 Collection System Projects FY 2020-2021 Sacramento Easement; and authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Nelson Schlater, P.E., Engineering Manager - Wastewater (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:
Public Works Wastewater Division (PW-WW) Collections group regularly conducts scheduled cleaning and inspection of the city’s sewer system. Staff identified several segments in the sewer collection system around the Sacramento easement area which requires replacement to prevent sewage overflows. The Sacramento easement is located in the East Sharp Park neighborhood, and the easement encompasses the public right-of-way on Loma Vista Terrace just east of Sacramento Terrace, and also the easement in the wooded area between Loma Vista Terrace and Talbot Avenue.
On May 5, 2021, City Council approved the plans and specifications; bidding; and authorization to award and execute a construction agreement not to exceed $500,000, including 10% contingencies, for the Collection System Projects FY 2020-2021 Sacramento Easement Project.
EPS Inc. dba Express Plumbing was the lowest responsive, responsible bidder for the project with a bid of $269,950. On August 11, 2021, the City entered into an agreement with EPS Inc. dba Express Plumbing to complete the project for a construction contract amount of $269,950 and established a budget authority of $296,945. The final contract construction cost for the project was $285,227 which included three change orders in a total amount of $15,277. The three change orders were for additional work approved by the City to adjust a manhole frame and cover, perform force account work on utility conflicts, and slurry seal Loma Vista Terrace.
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 22, 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, $14,261.35, 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 $285,227.03, which is within Council’s approved project budget of $296,945.00.
Total Project Source and Use of Funds
Wastewater Enterprise Capital Fund 34 (Construction) $ 296,945.00 Total Source of Funds $ 296,945.00
Actual Construction Cost $ (285,227.03)
Total Use of Funds $ (285,227.03)
Estimated Project End Balance $ 11,717.97
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Pacifica City Council 3
August 22, 2022
Attachment A - Collection System Project Sacramento Easement Notice of Completion (PDF) Pacifica City Council 4
August 22, 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 COLLECTION SYSTEM PROJECTS FY 2020-2021 SACRAMENTO EASEMENT (C005I)
_____________________________________________________________________ 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 EPS Inc. dba Express Plumbing on August 11, 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 22nd 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