San Clemente : City Plans to Withhold Part of Pier Payment

Although they say repairs to the Municipal Pier have been completed to their satisfaction, city officials plan to withhold part of the final payment to the contractor as late penalties and to reimburse the city for expenses it incurred as a result of an error that temporarily left a hump in the landmark.

City Manager Jim Hendrickson said the city will keep $19,552 of the $73,000 it has withheld from the pier-restoration firm, Healy-Tibbitts of Long Beach, which finished its work two months behind schedule.

But at the same time, Hendrickson said, Healy-Tibbitts wants to charge the city an additional $53,000 for expenses associated with the job. Company officials could not be reached for comment.

The construction delay resulted from a surveying error that caused the end of the 1,296-foot pier to dip 15 inches, leaving a visible hump in the structure and generating considerable controversy. The work, scheduled to have been completed in April, was finished in mid-June, and the city assessed about $8,700 in late penalties.

An additional $10,800 is being withheld to offset money spent by the city in processing the contractor’s proposal for the corrections and for an inspector hired to ensure that the additional work had been done properly, Hendrickson said.

“These costs would not have been incurred had it not been for the slope in the pier,” Hendrickson said. “If they (Healy-Tibbitts) can provide hard facts or evidence as to why we should not assess those costs, we’ll sure listen to them.”

Although the City Council will be asked tonight to authorize filing a notice of completion, a necessary prerequisite to making final payments, Hendrickson said no timetable has been set for the city to make its last payment to Healy-Tibbitts.