CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/27/2023
1 SUBJECT:
Notice of Completion of the removal of the soil nail wall at 330 Esplanade Avenue 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 removal of the soil nail wall at 330 Esplanade Avenue; and authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
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 August 28, 2023, City Council authorized the City Manager to Award and Execute a Construction Contract for removal of the soil nail wall at 330 Esplanade Avenue. The contractor’s scope of work included a base bid to cut off the tiebacks and demolish and remove 30’ of the soil nail wall that was broken and about to fall, and an alternate to remove another 80’ of soil nail wall. City staff was to evaluate the extent of the soil nail wall removal after the removal of the first 30’ of the soil nail wall and whether there were impacts to the neighboring property. The project was funded by Disaster Accounting Fund 38.
The property owner of the neighboring property of 340 Esplanade Avenue provided an opinion letter from RJR Engineering & Consulting, Inc. (RJR) stating the portion of the soil nail wall that is not broken is still providing erosion control protection from rain and wind to the existing bluff top. The letter was reviewed by the City’s geotechnical consultant, Cotton, Shires and Associates (CSA), who agreed with RJR’s opinion letter. Based on RJR’s letter and CSA’s recommendations, the contractor removed another 25’ of the soil nail wall that was determined to be damaged after the removal of first 30’ of soil nail that was broken and about to fall.
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, $4,750.00, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received.
Pacifica City Council 2
November 27, 2023
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.
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 Disaster Accounting Fund 38 for future related projects.
Total Project Source and Use of Funds
Disaster Accounting Fund 38 $220,000.00
Total Source of Funds $220,000.00
Construction Cost ($95,000.00)
Total Use of Funds ($95,000.00)
Project End Balance $125,000.00
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 removal of the soil nail wall at 330 Esplanade Avenue is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: This project is in response to sea level rise and will eliminate public safety hazard.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
ATTACHMENT 1: SOIL NAIL WALL NOTICE OF COMPLETION (PDF) Pacifica City Council 3
November 27, 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
REMOVAL OF THE SOIL NAIL WALL AT 330 ESPLANADE AVENUE
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 R V Stich Construction Inc., on August 28, 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 regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of November 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