CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/12/2024
1 SUBJECT:
Notice of Completion for the Mid-Block Crosswalk Safety 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 Mid-Block Crosswalk Safety 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 Mid-Block Crosswalk Safety Improvement Project improved nine crosswalks located around the City in the vicinity of four schools: Ingrid B Lacy Middle School, Ortega Elementary School, Terra Nova High School, and Vallemar Elementary School. Improvements included high visibility striping and signage and painted pedestrian bulb-outs with vertical delineators to enhance visibility, shorten crossing distance, and reduce traffic speeds. Five of the nine crosswalks also received flashing, solar-powered, accessible push-button activated flashing beacons. One crosswalk received new curb ramps. The project was the recipient of funding from the Measure M grant program administered by the City/County Association of Governments of San Mateo County (C/CAG) and the Safe Routes to School program administered by the San Mateo County Office of Education (SMCOE). The scope of the completed project is consistent with the work outlined in the funding agreement and MOU for those programs.
On April 8, 2024 the City Council authorized the City Manager to Award and Execute a Construction Contract with Zara Construction for the project, in an amount not to exceed $307,013 with budget authority up to the amount of $337,714 which included construction contingency not to exceed ten percent (10%).
Construction commenced on May 13, 2024 and was substantially completed on July 24, 2024.
There were 4 change orders for two additional rectangular rapid flashing beacon (RRFB), Pacifica City Council 2
August 12, 2024
vertical delineator specification change, painting of existing RRFB poles, and relocation of a stop sign. With the change orders and adjustments noted above, the total construction cost was $321,488.
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 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 of the work actually completed. 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 contact amount, $16,074.40 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 noticing period is complete, as above.
The City Manager is recommending the adoption of the attached resolution accepting completion of the project and 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 Frontierland Park ADA Improvement 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.
FISCAL IMPACT:
The following is the source and use of funds for the project:
Total Project Source and Use of Funds
Measure M Grant $200,000
SRTS Small Infrastructure Capital Grant $20,000
City Funds already allocated to project in FY 23-28 Budget $40,000 Measure A (Fund 9) $61,488
Total Source of Funds $321,488
Mid-Block Crosswalk Safety Improvement Project Construction Cost $321,488 Total Use of Funds $321,488
Project End Balance $0
ORIGINATED BY:
Pacifica City Council 3
August 12, 2024
Engineering
ATTACHMENT LIST:
Notice of Completion Midblock Crosswalk (PDF)
Pacifica City Council 4
August 12, 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 MID-BLOCK CROSSWALK SAFETY 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 Zara Construction 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 12th day of August 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney