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SR 03-09-2021 3A City Council Report City Council Meeting: March 9, 2021 Agenda Item: 3.A 1 of 3 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Engineering and Street Services Subject: Adoption of Resolution Authorizing the Director of Public Works, City Engineer, and Capital Program Manager to sign Notices of Completion for Capital Projects Recommended Action Staff recommends that City Council: 1. Repeal Resolution 3728 (Attachment A) which authorizes the Director of Public Works to sign notices of completion in addition to the City Manager. 2. Adopt the attached resolution (Attachment B) to authorize the Director of Public Works, City Engineer, and Capital Program Manager to sign Notices of Completion in addition to the City Manager. Summary To streamline internal administrative processes, staff recommend authorizing the City Engineer and the Capital Program Manager, as well as the Public Works Director and City Manager, to execute Notices of Completion for City Capital Projects. The City must withhold five percent of all payments until the Notice of Completion is filed with the County. Currently, only the Public Works Director and City Manager are authorized to execute such notices. Allowing these two additional division heads the authority to execute Notices of Completion would significantly decrease internal administrative processes involved in routing documents for signatures and facilitate the return of retention withholds to contractors within the 60-day time limit from project completion. Discussion When City staff remit construction contract payments, five percent of each payment is held by the City in a retention account. The five percent retention cannot be fully released to the contractor until construction is completed and the Notice of Completion has been recorded with Los Angeles County for at least 30 days per Civil Code Section 3.A Packet Pg. 10 2 of 3 9356(a). In addition, California Public Contract Code Section 7107(c) states that the retention should be released within 60 days of date of the completion of the work. Under current City processes, a Notice of Completion takes roughly a month to be routed internally and sent to the County for recording. A Notice of Completion is reviewed by staff with a quality control checklist before it is reviewed and approved by the Director of Public Works. It then takes approximately two additional weeks for the Notice of Completion to be processed and recorded by County staff, which initiates the 30-day waiting period where stop notice claimants (such as suppliers and subcontractors) can file a stop notice against the prime contractor for underpayment or failure to pay. In total, the recordation of a Notice of Completion takes approximately two and a half months, which exceeds the 60-day time limit mandated by California Public Contract Code for retention release. Allowing the City Engineer and Capital Program Manager to sign and execute the Notice of Completion would significantly reduce internal processing time and increase overall efficiency. This would also bring the City closer to the 60-day time limit for retention release. In addition, it would provide time for the Director of Public Works to address other, more pressing responsibilities. The Notice of Completion itself is a one- page document that confirms the project was completed in accordance with the date provided within the document. The City Engineer and Capital Program Manager are qualified to confirm and execute this document. Allowing the City Engineer and Capital Program Manager to execute Notices of Completion would reduce staff time required for document routing, decrease overall project close-out times, and facilitate compliance with the 60-day retention release statute. 3.A Packet Pg. 11 3 of 3 Past Council Actions Meeting Date Description 04/23/1968 (Attachment A) Resolution No. 3728 authorizing the Director of Public Works to sign notices of completion in addition to the City Manager. Financial Impacts and Budget Actions There is no financial impact or budget action necessary as a result of the recommended action. Prepared By: Zach Pollard, Prinicipal Civil Engineer Approved Forwarded to Council Attachments: A. Resolution 3728 B. Proposed Resolution 3.A Packet Pg. 12 RESOLUTION NO. 372 CITY COUNCIL SERIES) A RESOLUTION OF THE CT.TY COUNCIL OF THE CITY OF SANTA MONTCA AUTHORIZING THE pIRECTOR OF PUBLIC WORIGS TO SIGN NOTICES OF COMPLETION IN ADDITION TO THE CITY MANAGER THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOGdS o SECTION 1. The Director of Public taorlcs is herewith authorized to sign notices of completion in addition to the City Managero SECTION 2. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect ADOPTED and APPROVED this 23rd day of April, 196. x. ~ ATTESTo May I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a regular meeting thereof,held on the 23rd day of April 1966,by the following vote of the Councilo AYESe Councilrnens Corey, Dituri, Hoover, Reidy, Vlamsley, Spurgin NOESo Councilmeno ABSENTa ~ouncilmene APPPOVED AS T_O FORM o i'~ ~~ ~ -~fT ~~_ , r ,--~ City Attorney None Sorensen / ,,~. Ci C1erI: z ., 3.A.a Packet Pg. 13 Attachment: Resolution 3728 (4394 : Resolution to Delegate Authority for NOCs) 1   City Council Meeting March 9, 2021 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, THE CITY ENGINEER, AND THE CAPITAL PROGRAM MANAGER TO SIGN NOTICES OF COMPLETION IN ADDITION TO THE CITY MANAGER WHEREAS, in accordance with state law, a notice of completion must be filed in a timely manner upon completion of a public works project to notify potential stop notice claimants that a specific public works project has been completed and to shorten the period in which stop notices may be filed; and WHEREAS, City Council Resolution Number 3728, which was adopted in 1968, authorizes the Director of Public Works to execute notices of completion in addition to the City Manager; and WHEREAS, due to the large volume of contracts handled by the City’s Department of Public Works in the years since Resolution Number 3728 was adopted, it has become necessary to authorize additional individuals to execute notices of completion in order to increase the efficiency of contract administration and ensure the timely filing of notices of completion; and WHEREAS, the Director of Public Works, City Engineer, and Capital Program Managers are equally competent to execute notices of completion in addition to the City Manager; 3.A.b Packet Pg. 14 Attachment: Proposed Resolution (4394 : Resolution to Delegate Authority for NOCs) 2   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 3728 is hereby repealed. SECTION 2. The Director of Public Works, the City Engineer, and the Capital Program Manager are herewith authorized to sign notices of completion in addition to the City Manager. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: GEORGE S. CARDONA Interim City Attorney   3.A.b Packet Pg. 15 Attachment: Proposed Resolution (4394 : Resolution to Delegate Authority for NOCs) 3   Adopted and approved this ________________________. Mayor I hereby certify that the foregoing Resolution No. was duly and regularly introduced and approved at a meeting of the City Council on the _________________ by the following vote: Ayes: Noes: Abstain: Absent: 3.A.b Packet Pg. 16 Attachment: Proposed Resolution (4394 : Resolution to Delegate Authority for NOCs)