Adopt a policy delegating authority to the Director of General Services and the Director of Community Services, or their respective designee, for the acceptance of a public works project as complete or to determine there has been a cessation of work on a public works project. (No general fund impact) (Pistochini)

Adopt a policy delegating authority to the Director of General Services and the Director of Community Services, or their respective designee, for the acceptance of a public works project as complete or to determine there has been a cessation of work on a public works project. 

The County's current process for filing and recording notices of completion or notices of cessation of work on public works projects with the County's Clerk-Recorder requires Board of Supervisors approval.  These notices are filed upon acceptance of a public works project to minimize the County's potential liability to any unpaid subcontractors or material suppliers due to the prime contractor's failure to pay the subcontractor.  Filing these notices are a best practice, however, the statutory time limit to file the notices is often shorter than the process to filing the agenda item report to the Board.  A timely filing of the notice limits liability to 30 days after the completion of work or cessation of work at public works project.  If a notice is not filed, the County's liability is 90 days after the completion of work or 150 days after the cessation of labor.  However, the County is obligated to issue final payment (retention) to the prime contractor within 60 days of completion of work, in other words, the retention used to protect the County must be paid before the County's liability period concludes.

The proposed policy will allow the Director of Community Services and the Director of General Services, both of whom conduct public works projects in this County, to file a notice of completion or a notice of cessation of work with the County Clerk-Recorder for recording within the time period required by Civil Code sections 9200-9208. Adoption of this policy and delegation of authority to the Director of Community Services and the Director of General Services will streamline the process and to shorten the time within which contractors can file stop notices, and thereby reduce the County's duration of exposure to payment claims from subcontractors and material suppliers.

The General Services Department engaged the County Counsel's Office to identify ways to improve the notices process, resulting in this proposed policy.  The Department of Community Services, which conducts public works projects related to roads, natural resources, and county services areas supports this policy.