CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:
Notice of Completion - FY 2021-22 Pacifica Beach Parking Lots Seal Coat 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 the Notice of Completion for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project; and Authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Ryan Marquez, Project Manager
[email protected]
(650) 738-3769
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 April 11, 2022, Council awarded a construction services agreement to Dryco Construction, Inc. for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project in an amount not to exceed $209,000, including contingencies and change orders.
The Pacifica Beach Parking Lots Seal Coat Project completed pavement maintenance on four beach parking lots in Linda Mar & Rockaway Beach, all of which are heavily utilized for public parking throughout the year. There was a portion of the North Linda Mar parking lot that was not completed due to the Anza Pump Station work but will be finished after the pump station work is complete.
There was one construction change order issued to the contractor during the course of construction in the amount of $17,643 to increase the pavement dig outs for needed areas and to deduct the work in the North Lot to be completed at a later time. With this change order and amendment, the final construction cost for the project was $191,888.90.
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 Pacifica City Council 2
September 12, 2022
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, $9,594.45, 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 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 is consistent with the following Council adopted Goals:
• Maintaining a Safe Community: This project performed pavement maintenance that will promote public health and safety.
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. It should be noted a portion of the balance will be used to complete the maintenance on the northern portion of the North Linda Mar lot once the pump station work has been completed.
Total Project Source and Use of Funds
Fund 22 - Capital Improvement Fund $250,000.00
Total Source of Funds $250,000.00
Construction Cost ($191,888.90)
Total Use of Funds ($191,888.90)
Project End Balance $58,111.10
ORIGINATED BY:
Engineering
ATTACHMENT LIST:
Attachment 1 - Notice of Completion (DOCX)
Pacifica City Council 3
September 12, 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 PACIFICA BEACH PARKING LOTS SEAL COAT 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 August 3rd, 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 12th day of September 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 Marchetta Kenyon, City Attorney