Loading...
HomeMy WebLinkAboutMINUTES - 09121995 - C38 C. J TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: September 12, 1995 SUBJECT: CONSTRUCTION CONTRACT FOR DRAINAGE AREA 40A, PROJECT NO. 7565- 6D8571-93; AUTHORIZATION TO COMPLETE THE PROJECT AND TO PURSUE LEGAL REMEDIES peci is equest(s)or ecommen a ions)&OaCkground&justification I. Recommended Action: DECLARE that V&M Construction/Backhoe, hereafter referred to as V&M, is in material breach and default of its contract dated July 6, 1994 for construction of the Drainage Area 40A Storm Drain Improvements project for each of the reasons set forth below, and TERMINATE and CANCEL V&M's rights under the contract on those grounds. CONFIRM the assessment of liquidated damages in the sum of$53,500.00. AUTHORIZE the Chief Engineer to proceed in the most expeditious manner, pursuant to the Public Contract Code, to correct defective work, complete the construction of the above described project, and deduct the reasonable expenses thereof from any moneys due or that may become due V&M under the contract. AUTHORIZE the County Counsel to pursue appropriate legal remedies, including the filing and prosecution of lawsuits against V&M, American Bonding Company, and other parties responsible for the damages and expenses incurred by the District. II. Financial Impact: Funds to correct defective work and complete the project will be deducted from any m eys due or that may become due V&M under the contract. Continued on attachment: X yes SIGNATURE-,A RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: APPROVED AS RECOMMENDED OTHER VOTP.OF SUPERVISORS ✓✓ UNANIMOUS (ABSENT AYES: NOES: ABSENT: �_ ABSTAIN: Contact: Joseph P. Murphy, (510) 313-2321 Orig.Div.: PW(Constr) cc: County Administrator County Counsel Auditor-Controller Public Works Dept. - Administration, P. McNamee I hereby certify that this is a bw and correct copy of - Accounting, R. Gilchrist an action taken and entered on the minutes of the - R. Bruno Board of supervla re on the ddte shown. Flood Control District - M. Kubicek ATTESTED: ^ ` ��g 9� P. Harrington PHIL BAT ELOR,clerk of the V&M of Supervisors and County Administrator East Bay Surety JPM\TR:tt . _ _ ,Deputy g:\const\BO\DA40-12.t9 ` DA40A C. ` 3 Board Date: September 12,1995 Page 2 of 2 III. Reasons for Recommendations and Background: On June 21, 1994, the Board awarded the construction contract for the Drainage Area 40A Storm Drain Improvements project, located in the Martinez area, to V&M. The contract required completion within 65 working days from the starting date. On July 20, 1994 a notice to proceed was issued with a starting date of August 1, 1994 and a contract completion date of October 31, 1994. As a result of inclement weather and extra work required of V&M, the completion date was later extended to December 21, 1994. For an extended period of time, V&M has failed to supply sufficient materials and workers to correct defective work and complete the project, and the completion of the work is currently eight months behind schedule. No work has been completed during the past three months. The failure of V&M to diligently complete the work per the contract specifications and by the contract completion date has resulted in additional expenses and other damages being sustained by the District. Pursuant to the contract documents, V&M is liable to the District for $53,500.00 in liquidated damages (i.e., 107 calendar days x $500.00/calendar day = $53,500.00) for the delay between December 21, 1994 (adjusted contract completion date) and April 7, 1995 (date when V&M claims to have completed its work). These liquidated damages have been withheld previously from the contract funds for this project. V&M has been repeatedly notified orallyy and in writing of the lack of progress in completing this project. Despite these notices, V&M has failed to complete the work. The latest notice was sent to V&M and its bonding company by certified mail, return receipt requested, on August 8, 1995 and was received by VMon August 14, 1995. The notice required V&M, no later than ten days after receipt of the notice, by August 24, 1995, to correct certain defective work and return to the job with sufficient materials and workers to complete the job, and warned V&M that, if these things were not done by the deadline, the District would terminate V&M's rights under the contract and complete the work with other forces and deduct the reasonable expenses thereof from the contract funds. V&M failed to meet the deadline and has continued in its failure to supply sufficient materials and workers to complete the work. On August 23, 1995, the District was notified in writing by V&M that V&M would not complete the remaining contract work. It is recommended that the Board terminate and cancel V&M's rights under the construction r contract for each of the deficiencies listed above; confirm the assessment of liquidated damages; direct that the Chief Engineer proceed with the completion of the project, enter into any necessary contracts in accordance with the Public Contract Code and deduct the amount thereof to complete the work from any moneys due or that may become due V&M under the contract; and authorize the County Counsel to pursue appropriate legal action, including the filing and prosecution of lawsuits against V&M, its bonding company and other responsible parties. IV. Consequences of Negative Action: The defective work and unfinished construction will remain an impediment to the assumption of maintenance responsibilities of the storm drain facilities and improvements by the County and the City of Martinez.