CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/25/2023
1 SUBJECT:
Notice of Completion for the FY 2023-24 Concrete 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 FY 2023-24 Concrete 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 27, 2023, City Council Authorize the City Manager to Award and Execute a Construction Agreement and a Construction Management Agreement for the FY 2023-24 Concrete Improvement Project. The project installed 25 new ADA curb ramps, sidewalks and other miscellaneous related work. The project was funded by Measure W funds.
There were two construction change orders issued to the contractor Mercoza during the course of construction in the amount of $23,363.73. The change order was for sidewalk, asphalt concrete and subgrade work. With the change orders, the final contractor construction cost for the project is $226,643.23.
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, $11,332.15, 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
September 25, 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 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 for the FY 2023-24 Concrete 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 and fund a portion of the FY 2023-24 Pavement Resurfacing Project.
Total Project Source and Use of Funds
Measure W $543,000.00
Total Source of Funds $543,000.00
Construction Cost ($226,643.23)
Construction Management and Inspection Cost ($74,888.00) Total Use of Funds ($301,531.23)
Project End Balance $241,468.77
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
FY 2023-24 Concrete and Curb Ramp Project Notice of Completion (PDF) Pacifica City Council 3
September 25, 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
FY 2023-24 CONCRETE 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 the work provided to be done under and pursuant to the contract between said City and Mercoza, on March 27, 2023, 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 special and regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of September 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney