CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/24/2024
1 SUBJECT:
Notice of Completion for the Frontierland Park ADA 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 the Notice of Completion for the Frontierland Park ADA Improvement Project; and Authorize the City Manager to release the retention funds to the contractor.
STAFF CONTACT:
Roland Yip, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Sean Rose, P.E., S.R. Rose Engineering Inc.
650-738-3767
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
The Frontierland Park ADA (Americans with Disabilities Act) Improvement Project constructed an ADA-compliant asphalt path of travel between the parking lot, bathroom, and all recreational facilities. A portion of the path included an asphalt ramp with stainless steel handrails.
On December 11, 2023, the City Council authorized the City Manager to Award and Execute a Construction Contract with Dryco Construction Inc. for the project, in an amount not to exceed $99,994 with budget authority up to $114,993.10 for the construction contingency.
Construction commenced on March 14, 2024 and was completed on May 24, 2024. There were two change orders, for path grade revisions, quantity adjustments, asphalt conform at existing restrooms, and additional striping. With the change orders, the total construction cost was $114,469.50. Trees were protected during construction, and none needed to be removed to construct the project.
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 Pacifica City Council 2
June 24, 2024
protects the City from claims against us for any nonpayment on the part of the contractor.
The City withheld 5% of the contract amount, $5,723.48, as retention to make sure that all subcontractors and suppliers have been paid. The City will release the retention if no claims are received after the notice issued.
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 construction funding Source and Use of Funds table is shown below.
Total Project Source and Use of Funds
Frontierland Park Grading and Pathway Project $280,000.00 Total Source of Funds $280,000.00
Design Cost $27,637.50
Construction Management and Inspection Cost $30,000.00
Construction Cost $114,469.50
Total Use of Funds $142,107.00
Project End Balance $107,893.00
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 Frontierland Park ADA Improvement Project is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets, and facilities; includes develop a facilities and equipment plan for public safety. This construction project will improve Frontierland Park.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Atachment 1-Frontierland ADA Project-Notice of Completion (DOCX) Pacifica City Council 3
June 24, 2024
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 FRONTIERLAND PARK ADA 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 Dryco Construction Inc., and WHEREAS, it appears to the satisfaction of this Council that said work under the contract has been fully completed as provided in the contract and the plans and specifications therein referred to,
NOW, THEREFORE, it is ordered as follows:
1. That acceptance of completion of the 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 24th day of June 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
By:
Sue Vaterlaus, Mayor
APPROVED AS TO FORM: ATTEST:
Michelle Marchetta Kenyon, City Attorney Sarah Coffey, City Clerk