CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:
Notice of Completion for the Crespi Drive Sewer Mainline Improvements 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 Crespi Drive Sewer Mainline Improvements Project; 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:
The City of Pacifica and California River Watch have negotiated a settlement agreement in which the City has agreed to formalize many of its sanitary sewer practices. As part of this agreement, the City is required to repair sanitary sewers within 15 days, or as soon as is feasible thereafter, in locations whose inspection results revealed Grade 5 defects. A Grade 5 defect is assigned to a pipe segment where portions of the pipe are missing and/or have significant holes whose overall condition will worsen over time and may lead to additional pipe failure. This condition will result in sanitary sewer flows leaking into the surrounding environment affecting soils which could ultimately impact the ground surface (e.g., sinkhole). In addition, extraneous groundwater and rain-induced infiltration will enter the pipe which increase the flows into the pipe that could result in surcharging or overflowing the sanitary sewer. Based on the above, Grade 5 defects need to be addressed as soon as is feasible.
A City-conducted Closed-Circuit Television (“CCTV”) inspection of a portion of the Crespi Drive sanitary sewer revealed five (5) Grade 5 defects. Three prospective bidders were contacted and all three toured the project location. Two bids were received even though the City reached out on multiple occasions requesting the third bidder submit. The low bid received for the Project was for $73,037.50. The low bid was greater than the threshold requiring an informal bid (> $60,000), which necessitates additional time for advertising per the City’s Municipal Code. Due to the urgency of repairing the broken sewer pipe, an Urgent Purchase Procurement was employed, that was signed off by the City Manager. On December 16, 2021, the City awarded and executed a construction agreement with the low responsive and responsible bidder, EPS Inc. dba Express Plumbing for the project with a bid of $73,037.50. The final contract Pacifica City Council 2
August 22, 2022
construction cost for the project was $73,037.50 and there were no change orders on the project.
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 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, $3,651.88, 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 $73,037.50, which was the agreement amount.
Total Project Source and Use of Funds
Wastewater Enterprise Capital Fund 34 (Construction) $ 73,037.50 Total Source of Funds $ 73,037.50
Actual Construction Cost $ (73,037.50)
Total Use of Funds $ (73,037.50)
Estimated Project End Balance $ 0.00
ORIGINATED BY:
Pacifica City Council 3
August 22, 2022
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A - Crespi Drive Sewer Mainline Improvements Project 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 CRESPI DRIVE SEWER MAINLINE
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 EPS Inc. dba Express Plumbing on December 16, 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