CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/12/2023
1 SUBJECT:
Notice of Completion for the North Pacifica Pedestrian Improvement 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 North Pacifica Pedestrian Improvement Project; and Authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
On March 14, 2022, City Council Authorized the City Manager to Award and Execute a Construction Agreement and a Construction Management Agreement for the North Pacifica Pedestrian Improvement Project for a total budget authority of $351,325, including a 15% contingency. The project installed 37 new ADA-compliant curb ramps, sidewalks and other miscellaneous related work. The project is funded by Measure W and the Highway Safety Improvement Program (HSIP) Grant.
There were four construction change orders issued to the contractor DRYCO Construction, Inc. during construction in the amount of $39,375, within the approved budget authority. The change orders were for additional curb ramps, sidewalks, subgrade work and to relocate a curb inlet.
With the change orders, the final contractor construction cost for the project was $344,875.
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 contract law protects subcontractors from contractors who may not pay them properly. It also protects the City from claims related to nonpayment on the part of the contractor. The City withheld 5% of the contract amount, $17,243.75, as retention to make sure that all Pacifica City Council 2
June 12, 2023
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.
The project previously approved $55,389 for construction management services for the project from 4 Leaf Inc. Task Order No. 2 was approved to increase the budget to $59,949 by the City Manager authorized under the City’s purchasing order policy.
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 North Pacifica Pedestrian Improvement Project is consistent with the following Council adopted Goals:
• Maintaining a Safe Community: This project installed curb ramps, sidewalks and curb and gutters 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. The project balance will remain in the Measure W/Fund 09.
Total Project Source and Use of Funds
Measure W $450,000.00
Highway Safety Improvement Program (HSIP) Grant $249,200.00 Total Source of Funds $699,200.00
Construction Cost ($344,875.00)
Construction Management and Inspection Cost ($59,949.00) Total Use of Funds ($404,824.00)
Project End Balance $294,376.00
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
North Pacifica Pedestrian Improvement Project Notice of Completion (PDF) Pacifica City Council 3
June 12, 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 NORTH PACIFICA PEDESTRIAN IMPROVEMENT 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 March 14, 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 June 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