CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
1/9/2023
1 SUBJECT:
Notice of Completion for the Pacifica Public Works New Office 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 Notice of Completion for the Pacifica Public Works New Office Project; and Authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Raymund Donguines, Senior Civil Engineer
(650) 738-3768
[email protected]
Lisa Petersen, Director of Public Works
(650) 737-3767
[email protected]
BACKGROUND/DISCUSSION:
On February 28, 2022, Council authorized the City Manager to award and execute a construction Agreement for the Pacifica Public Works New Office Project with BEAM Construction, Inc. The Pacifica Public Works New Office Project constructed an office for the new Wastewater Senior Engineer position, addressed Building Department mandated ADA upgrades, such as a new ADA-compliant public counter and restrooms and addressed Fire Code requirements for new code compliant ingress/egress doors. Photos of completed improvements are provided in Attachment B.
There were four construction change orders issued to the contractor BEAM Construction, Inc. during construction in the amount of $11,601.79, which were within the limits of the approved construction contingency. The change orders were for additional necessary electrical work, painting the front office and changes to the flooring material. With these change orders, the final contractor construction cost for the project was $144,265.79.
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 against us for any nonpayment on the part of the contractor. The City withheld 5% of the contract amount, $7,213.29, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are Pacifica City Council 2
January 09, 2023
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 Notice of Completion for the Pacifica Public Works New Office 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. This construction project improved the existing Public Works building.
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. The project balance will remain in Fund 22.
Total Project Source and Use of Funds
Public Works Department Office Improvements $150,000.00 Total Source of Funds $150,000.00
Construction Cost $132,664.00
Change Orders $11,601.79
Total Use of Funds $144,265.79
Project End Balance $5,734.21
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Pacifica Public Works New Office Project Notice of Completion (PDF) Pacifica Public Works New Office Project Photos (PDF)
Pacifica City Council 3
January 09, 2023
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
PACIFICA PUBLIC WORKS NEW OFFICE 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 BEAM Construction, Inc., on February 28, 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 9th day of January 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney