HomeMy WebLinkAboutMINUTES - 08101999 - D6 70: Board of Supervisors
FROM: Phil Batchelor, County Administrator
DATE: August 19, 1999
SUBJECT. TERMINATION OF CONTRACT RIGHTS OF PATRICK M.
UONAGHUE, GENERAL CONTRACTOR, FOR THE RENOVATION OF
JUVENILE HALL, TAMALPAIS WING, AT 202 GLACIER
DRIVE, MARTINEZ (WH399B)
RESOLUTION NO, 931429
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1 . DECLARE that Patrick M. Donaghue, General Contractor ("Donaghue"), is in
material breach and default of his contract dated December 1, 1993 for the
Renovation of Juvenile lull, Tamalpais Wing, for each of the reasons set forth
below, and TERMINATE and CANCEL Donaghue's rights under the contract on
those grounds.
2. FIND and DECLARE, pursuant to Public Contract Code Sections 22035 and 22050,
that an emergency exists and that the emergency will not permit a delay resulting
from a competitive re-solicitation for bids, and DELEGATE to the County
Administrator or designee the authority to proceed in the most expeditious manner
to complete the project and to eater into one or more contracts therefor, without the
need to re-solicit competitive bids.
3. AUTHORIZE the County Counsel to pursue appropriate legal remedies, including
the filing and prosecution of lawsuits, against Donaghue, Insurance Company of the
West, and any other parties responsible for the damages and expenses incurred by
the County.
FINANCIAL, IMPACT
The cost of completing the work and associated consultant fees will be covered by funds
deducted from the contract balance. To the extent that the contract funds are not
sufficient to cover all expenses, the County presumably will be able to recover the
CONTINUED ON ATTACHMENT: X._ YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR _ _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)o
ACTION OF HOARD ON zia i /"q
APPROVED AS RECOMMENDED -� OTHER
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT ".r' _ ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED: PF.'.EL BATCHELOR, CLERK OF THE
Contact: George Roemer, CAO—Sr. Deputy County Administrator 1925) 335-1055 BOARD OF SUPERVISORS AND COUNTY
cc: County Counsel's Office—David F. Schmidt ADMINISTRATOR
CAO Finance—Julie Enea
AU'd.itor-Controller
GSD Accounting--Terry Manu f
O'Brien KreitzL^erg, Inc. {via CAOI f`. s
Patrick. M. Donaghue, DE,P:7T
General Contractor (via CAO;
Insurance company cf the West (via CAO} BY — � -g . .. --�•' '
ADDENDUM TO ITEM D.6
August 10, 1999
On this date,the Board of Supervisors -considered declaration of default and termination of
contract rights of Patrick M. Donaghue, General Contractor, under construction contract for
Renovation of Juvenile Hall, Tamalpais Wing, at 202 Glacier Drive,Martinez.
The-following persons presented testimony:
J. Michael Pisias, Jr., Insurance Company of the West, 177 Post#700, San Francisco;
Patrick Donaghue,250 West Charnel 44,Benicia;
C.B. Trusty, 1551 St. Helena Drive, Danville.
Following further discussion,the Board took the following actions:
DECLARED that Patrick M. Donaghue, General Contractor, is in material breach and default of
his contract; TERMINATED and CANCELLED Donaghue's rights under the contract; FOUND
and DECLARED that, pursuant to Public Contract Code Sections 22035 and 22050, and
emergency existed a--.id that the emergency did not permit a delay resulting from a competitive
re-solicitation for bids; DELEGAIFEli to the County Administrator or designee the authority to
proceed in the most expeditious manner to complete the project and to enter into one or more
contracts therefor, without the need to re-solicit competitive bids; and AUTHORIZED the
County Counsel to pursue appropriate legal remedies, including the filing and prosecution of
lawsuits against any parties responsible for the damages and expenses incurred by the County.
F er .ioation of Contract Rights of Patrick Ma Donaghue, General 2
Contractor, for Renovation of Juvenile Hall, Tamalpais Wing, Martinez
( H399B)
August 10, 1999
FINA IAL INRACT antinue �
additional amount from Donaghue or his surety (Insurance Company of the Wiest). It is
anticipated that the grant funding from the State Board of Corrections will not be
affected.
BACKGROUND/BACKGROUND/REASONS FOR RECOMMENDATIOM
1 On December 1, 1993, the Board awarded a construction contract for the
Renovation of Juvenile ball, `I"arnalpais ding, located at 292 Glacier Drive,
Martinez, to Patrick lel, Donaghue, General Contractor ("Donaghue,') for
$1,034,579, The contract involved the construction of a day room/sleep room
addition to the existing wing at Juvenile Mall, The addition was to be constructed
of cast-in-place, architectural concrete, with metal security doom and other
security features.
2. Effective December 31 , 1993, the County entered into a contract with the Mate
Board of Corrections to receive 1 million in grant funding for the project, Under
the state contract, grant funds are distributed in arrears as reimbursement for
eligible invoice payments to the construction contractor. The state contract
includes provisions for adjustment of the grant amount or termination if
construction timelines are not met or if the requirements of the plans and
specifications are not met.
3. During June, 1999, Donaghue performed concrete work that ended up having
serious problems. Most of the problems were caused by forms that were
inadequately braced, allowing the concrete to shift, slump, and bust out. The
resulting work did not comply with the contract documents and had pervasive,
serious defects, including the following:
• Concrete walls that are not straight or plumb
• Metal door frames that are warped, bowed, out of plumb, and out of square
• Plumbing future carriers and mechanical sleeves that are warped and bowed
• Exterior concrete finish with voids, rough spots, uneven texture, unsightly joints
and stains, and irregular architectural features
• Light wells that are improperly formed and recessed
• Mechanical shelf that is not straight and out of alignment with the existing shelf
• Reglets that are improperly cast into concrete parapets
• Concrete corners and other features that are uneven and out of square
4. On June 7, 1999, after the first concrete pour, the County put Donaghue on notice
of deficiencies in the initial concrete work and warned Donaghue to ensure that
forms for the next concrete pour were plumbed and aligned. Despite this notice,
the second pour, which occurred later in June, had even more serious problems,
as described above. On July 9, 1999, the County notified Donaghue of extensive
deficiencies in the concrete work, door frames, and other futures, advised that
payment for the defective work would be withheld, suggested that Donaghue
cease work activities that would build upon the defective work, and directed
Donaghue to submit a corrective action plan.
Term nation of Contract Rights of Patrick M. Donaghue, General 3
Contractor, for Renovation of Juvenile Hall, Tarnalpais Wing, Martinez
(WH399 )
August 10, 1999
5. Despite repeated warnings, bath written and verbal, Donaghue resumed work
activities in the affected area of the project on July 1 , 1999. In addition to
performing repair work with methods and materials unapproved by the County,
Donaghue proceeded to erect structural steel and set metal decking atop the
defective structure.
5. On July 14, 1999, Donaghue submitted a two-page corrective action plan
completely lacking in specificity. On July 19, 1999, the County rejected the plan,
formally rejected the defective work, and in accordance with the contract
provisions, directed that the defective work be demolished and removed by July
29, 1999. The July 19 letter also gave Donaghue the option of submitting a
detailed, comprehensive corrective plan for the County's consideration by July 23,
1999. Finally, the letter warned Donaghue that, if he failed to removed the
defective work by July 29 or submit an acceptable corrective plan to the County
by July 23, the County would treat the defective work as a material breach of
contract and would proceed to terminate Donaghue's contract rights and arrange
for another firm to complete the contract work.
7. Donaghue submitted a second proposed plan on July 23, 1999, which was
rejected in the County's July 27, 1999 letter for lack of detail and lack of
endorsement of the proposed repairs by acceptable professionals outside of
Donaghue's company. The July 27 letter afforded Donaghue a third opportunity
to submit a detailed corrective plan by August 5, 1999, on the condition that
Donaghue immediately cease all work activity in the affected area of the project.
3. On July 39 and again on August 5, 1999, Donaghue submitted further proposed
plans for the County's review. These plans consisted mostly of product
information without details about the exact methods and products to be used to
repair specific items and locations. the plans were reviewed by County staff,
project management staff, and two independent experts, all of whom found the
plans to be unacceptable.
9. By letter dated August 5, 1999, the County notified Donaghue that the proposed
plans were rejected. Since Donaghue had failed to submit an acceptable
corrective plan and had failed to remove the defective work by the applicable
deadline, the letter gave notice that Donaghue was in material breach under the
contract and that the project manager, County Administrator, and County Counsel
would recommend to the Board termination of Donaghue's rights under the
contract.
10. The above-described defects pervade the entire structure and, unless corrected
or removed, threaten to compromise the security and appearance of the facility.
Given the seriousness of the defects and Donaghue's repeated failure to remove
the defects or to come up with a viable plan for their correction, it is recommended
that the Board declare that Donaghue is in material breach and terminate
Donaghue's rights under the contract. It also is recommended that the Board
authorize the County Counsel to pursue appropriate legal action, including the
filing and prosecution of lawsuits against Donaghue, his bonding company.
(insurance Company of the fest), and Cather responsible parties.
Termination of Contract Rights of Patrick M. Donaghue, General 4
Contractor, for Renovation of Juvenile ball, Tamaipais Wing, Martinez
(WH 399 )
August 10, 1999
11. The amount of payment withheld for the defective work is $124,255.13. Contract
retention to date totals $59,459.14. The contract balance, including the withheld
payment and retention, is $533,450.75. In addition, pending change orders total
$9,475.94, and other potential charges are estimated at 11 ,000.00.
12. In order to construct the new addition, the back of the existing wing of Juvenile Hall
was demolished and temporary closures were installed. The temporary closures
were intended to be in place for a relatively short construction period. To minimize
the possibility of security breaches at the facility, it is essential that the temporary
closures remain in place no longer than absolutely necessary and that the
construction work proceed to completion without the unnecessary delay that would
result from re-bidding the remaining work. To deal with this imminent threat to
public safety and welfare, and to avoid possible loss of state grant funding, it is
recommended that the Board delegate to the County Administrator or his designee
the authority to respond to the emergency by proceeding with the project in the
most expeditious manner possible, without the need to re-solicit competitive bids.
The building would continue in its present defective state, with no assurance that the
defective work would be corrected in a proper, timely manner. It is possible that the
state grant would be adversely affected.
Attachments:
Meld observations Nos. 1-4
July 9, 1999 letter
July 13, 1999 letter
July 14, 1999 letter
July 1 , 1999 letter
July 27, 1999 letter
August 5, 1999 letter
I�
viz&i�co�saaNy
65€ Pine Street,6th Floor
Mhrnriez,California 94553
925 335 ;040 Tel
925 335 1070 Fax
July 9, 1999
i l l
MA: T i Y -4 CAUF
Mr. Patrick M. Donaghue
Patrick M. Donaghue General Contractor
250 `Fest Channel Road, #H
Benicia, CA 94510
Subject: Juvenile Hall Renovation, Tarnalpais Wing, Martinez, California(W A39913)
Dear Pat:
am writing regarding the duality of the concrete work on the subject project. As you
have acknowledged in our discussions this week,there are extensive deficiencilies in the
above-slab concrete work at the Day Room/Sleep Room addition.
Numerous deficiencies were identified following your firs:concrete wall placement, a
monolithic pour of the east sleep rooms and lower roof: You were placed on notice of
these deficiencies in Field Observation No. 1 and Field Observation No 2, dated June 7,
1999, and directed to ensure that these problems did not recur. You then elected to
combine the south and wrest wall concrete placements, which prompted me to meet with
you in the field and reiterate my concerns. After the initial forms were removed.,the
Architect noted deficiencies, which were sent to you in Field Observation No. 3 dated
July 1, 1999. Following the stripping of additional forms, this office conducted
additional inspections. A preliminary list of the deficiencies identified in the work is
attached as Meld Observation�o. 4. The Architect is preparing his evaluation of the
work, which we will forward,to you upon receipt.
As indicated in Field Observation No. 4 and as allowed in Division O, Section 37, you
are hereby directed to submit an action plan no later than July 16, 1999. The plan shall
provide a detailed description, including detailed drawings where applicable, of the
method you intend to use to remedy the deficient construction. A schedule shall also be
provided that includes corrective }work activities and the impact on the project completion
date.
In light of the extensiveness of the non-complying work observed, we strongly suggest
that you cease work on any activities that will build upon the defective construction. You
Offices Worldwide
Mr.Donaghue Page 2 of 2
July 9, 1999
are hereby advised that the County is seriously considering the removal and replacement
of the defective work as provided in specification section 3300.15 and Division F,
Section 14. If you elect to proceed fin-ther,you do so at your own risk and are
responsible for any additional costs that may result.
Until the non-complying construction is corrected,payment shall be withheld in
accordance with Division D, clause 8 of the contract.
We may discuss this matter further today when we meet on-site at 3 PM.
Sincerely,
O'BRIEN KREITZBERG
Jon Porterfield, P.E
Enclosures:
Field Observation No. I
Field Observation No. 2
Field Observation No. 3
Field Observation No. 4
cc: Don Kinyon, Stephen Harriman AIA&Associates
Mark Tortorich, O'Brien Kreitzberg
George Roerner,County Administrator's Office
Insurance Company of the West.
David Schmidt, County Counsel
O'Brien Kre€tzberg Juvenile ball Renovation, Tamalpais Wing
3
Field Observation
Field Observation No. 1
Description: Concrete Voids
To Company: Patrick M. Donaghue Date Issued: 617199
To: Fat Donaghue Required response Date: 6!21/99
From Company: O'Brien Kreitzderg Drawing Ref: S4
From: Jon Porterfield Spec Ref: 03309
ccs Stephen F. Harriman AIA & Associates
Detailed Description:
Voids were revealed in Morris I through 4 atter fours were stripped from the walls and lower
roof. Please address your intended repair to the structural engineer through this office.
Date: 7 Signature
Contractor response:
Date: Signature
Originator response.
d � a 4C
Work Completed: � 1
Date: Z-? / Signa-Lure--,,::::z
3i-i!� ax Note 7671 {sate
e
Col1)ept. Co. ,y
Phone# C�hone b4
Fax$ aunt nor an extension of the contract completion rate.
IFaxJ
'Iun-22-99 11 : 11A top '-n Hav-r-iman
510 r"34-8132 P-02
D ROW b
STRUCTURAL ENGINEER
FIELD REPORT
June 18, 1999
Stephen E. Harriman & Assoc.
47 Quail Court, Suite 309
Walnut Creek, CA 94596
ATT N: Don Kinyon
Date Visited June 17, 1999
job Numb gw 7023
Pruiect Juvenile Hall
Lotion Martinez
Contractor Donaghus
wleathisr Fair
Present at Sfto Pat Doneghue
HDR
rim following was not
Reviewed the four items mentioned in your June 15, 1999 memo requesting a
Special Site Visit.
1. Void Pockets - The pocket repairs appear to be adequate structurally. The
packets were filled with the proper concrete mix. They also occurred in
lightly loaded areas.
2. Roof over Shower Room - The roof was adequate structurally. The forms
had moved and resulted in some excess concrete.
3. Opening in HVAC Bridge - Opening had been lowered to approximate -mid
height of wall. Location was acceptable structurally.
4. R #76 - Donshgue to review with sub-contractor.
Signed
360 CIVIC DRIVE SUITE F PLEASANT HILL CALIFORNIA 94523-197H TEL 925-825-9540 FAX 925 825-9561
y
O'BrienKreitzberg Juvenile Hall Renovation, Tarnalpais Wing
3
Field Observation
Field Observation No. 2
Description: Concrete Finish
To Company: Patrick M. Donaghue date issued: 6/7999
To: fiat Donaghue Required Response Date: 6121/99
From Company: O'Brien Kre€tzberg Drawing Fief:.
From: Jon Porterfield Spec Ref: 93300
cc: Stephen E. Harriman AIA & Associates
Detailed Description:
There are areas where the forms were not properly aligned in the first wall placement. Itilsour
understanding that PMD intends to grind or sack these areas. The Architect is concerned that
the final appearance of these walls, especially where not scheduled to receive finish paint,
may be unacceptable. This condition will be evaluated further after repairs and sandblasting.
Please ensure that the forms for the nest concrete placement are plumb and aligned.
Date: JgAe 7 1 Signature
A
Contractor response:
Cate: Signature
Originator response:
Work Completed:
Gate: Signature
This notice is not authorization for an increase contract amount nor an extension or the contract completion date.
O'Brien reltzbercg Juvenile Hall Renovation, Tet�talpais inn
3
Field Observation
Fuld Observation No.
Description: Concrete Imperfections
To Company. Petrick M. Donaghue Date Issued: 7/1/99
To: Pet Dcnaghue Required response Date: 719199
From Company; O'Brien Kreitzberg Drawing Ref:
From. Jon Porterfield Spec ref: 03300
cc: Stephen E. Harriman AlA &Associates
Detailed Description:
Refer to the attached memo from SHA dated June 30; 1999.
Mete: �,�'�;i �' % � Signature
t'
Contractor response:
Date: Signature
Originator response:
Work Completed:
Date: Signature
'his notice is not authorization for an increase contract amount nor an extension of the contract completion date.
Jtjn-3�Z)-99 01 :44P St-ephv Havviman sic 9- E3132 P.01
Slephen,E. Harriman AIA 4-Arxociaj,-,y
REIGIVED
Frojecr: Juvenile Hall Renovation JUN 9 1999
Date. Jure 30, 1999 O'BRIEN-KREITZGERG
F d Pages(including coven
To.- Jori Porterfield
Fax: 9256335-1070
MEMO
RE: Concrete Imperfections
`here were concrete imperfections observed at the construction site visit on June 29,
1999. These concrete imperfections were observed at the Joest side of the building.
Per discussion with Steve Harriman, we request that the contractor provide samples of
corrected imperfections for review by architect. The samples shall be provided at
contractor designated locations throughout the addition.
The concrete shelf for the HVAC enclosure does not have a consistent straight lip
edge. Please have contractor provide a corrected lip edge sample at contractor
designated location for review by architect.
`thank You,
Don Kinyon
RA C"1136—A 00.
�t r'
0
d7 saarl Caaar Sauss 3t r 0 Wa RU!Ctv'k.CA 94396 4 925 934-1163 * Fax 934413:
O'Brien Kreitzberg Juvenile Hall Renovation, Tamalpals Ming
E3
Field Observation
Field Observation No.
Description: Non-complying Concrete
To Company: Patrick M. Donaghue Date Issued: 719199
To: Pat Donaghue Required Response Date: 7/1 6199
From Company: O'Brien Kreitzberg Drawing Ref:
From: Jon Porterfield Spec fief: 03300
cc: Stephen E. Harriman AIA & Associates
Detailed Description:
The attached list includes deficiencies that were noted in inspections conducted by the
Architect on July 2, and by the CM on July 2, 6 and 3. The Contractor shall submit an action
plan to the CM by the due date of this notice. The requirements of the action plan will be
further described under separate correspondence.
Date: Signature ^
Contractor response:
Date: Signature
Originator response:
Work Completed:
Date: Signature
This notice is not authorization for an increase contract amount nor an extension of the contract completion date.
Deficiency List
July 9, 1999
The following door frames are out of plumb and/or warped or twisted such that the
requirements of 8150.6 can not be achieved: 1, 16, 3, 17, 4, 5, 18, 7, 22, 4, 25, 27, 23,
9, 19, 10, 20, 12, 13, 14 and 15. The Contractor shall submit installation details from
the dour manufacturer depicting how the replacement frames will be installed.
Drawings shall be reviewed and approved by the architect.
2. Extensive voids exist throughout the project.
3. Forms were inadequately constructed and kicked out in numerous locations, including
the S-E corner of the accessible Toilet/Shower room, and the south wall of the Day
Room near Door 6. as a result, the face of concrete does not align with the face of
door frames. See item 4 below.
4. Typically, surfaces are not true to 1/4" in ten feet per 3100.5.B.1.
5. The mechanical shelf on the west side is out of line in excess of%" in 20 eet per
3100.5.B.2.
6. The forms for the parapets at the south end of the louver roof sections (east and west
sides) failed.
7. all of the plumbing fY.xture carriers in the sleep rooms were inadequately braced, and
have bowed..
8. Where the Contractor has performed grinding repairs, the reinforcing steel has been
exposed and ground in hal-fin the Day Room wall between Rooms 30 and 1.
9. Mechanical sleeves in the east sleep rooms collapsed, especially in Room 1. The
sleeves could not be observed in the south and west sleep rooms.
10. The reglet at the south west parapet was not cast into the parapet.
11. The thickness of the new mechanical shelf at the N-W corner of the Day Room
differs from the existing mechanical shelf with which it adjoins. The transition at the
N-E corner could not be observed since forms have not yet been stripped.
t y
O'BRIEN
KREITZBERG
rt A DAMES 8 MOORE GROUP COMPANY -�
651 Pine Street,6th Floor
Maninez,California 94553
925 335 1040 Tel
925 335 1070 Fax
July 13, 1999 Via Facsimile
'fir. Patrick M. Donaghue
Patrick M. Donaghue General Contractor J U L 14 1999
250 West Channel Road, #II
Benicia, CA 945113 1 :,':; < .,.N 1;A
Subject: Juvenile Hall renovation, 'Tamalpais Wing, Martinez, California
('H399B)
Dear Pat:
This morning you resumed work on the subject project. In addition to stripping forms,
your work activities included unapproved repairs to the deficiencies identified in Field
Observation No. 4.
In my letter dated July 9, 1999, you were directed to submit an action plan outlining your
proposed remedies to the nor'-complying construction. Your plan has not been received.
My letter also advised you that the County is seriously considering the removal and
replacement of the defective work, the remedy specified in section 3300.15 and Division
F, Section 14. We will consider, without obligation, a remedy you may propose as an
alternative to removal and replacement. However, until such a plan is submitted and
approved, any repair work is at your oven risk, and you shall be responsible for any
additional costs that may result.
Sincerely,
O'BRIEN KR ITZBERG
l
tl- orterfield .E.
cc: George Roemer, County Administrator's Office
David Sch-.idt, County Counsel
Don Kinyon, Stephen Harriman AIA.& Associates
Insurance Company of the West
Mark Tortonch, O'Brien Kreitzberg
Gerry MacClelland, O'Brien Kreitzberg
Offices Worldwide
O'Brien Kreltzberg Juvenile Ball Renovation, Tamalpais Wing
3
Field Observation
Field Observation No. 4.
Description. Architect's Concrete Observations
To Company: Patrick M. Donaghue Efate Issued: 7/14/99
To. Pat Donaghue Required Response Deter
From Company: O'Brien Kreitzberg Drawing Ref;
From. Jon Porterfield Spec Ref:
cc: Stephen E. Harriman AIA & Associates
Detailed Description:
Attached is Stepper; F. Harriman AIA & Associates' site observation report: dated July 12,
1999.
Date r / Signature
Contractor response;
Date: Signature
Originator response;
Work Completed:
Date: Signature
This notice is not authorization for an increase contract amount nor an extension of the contract comp#e ion date.
,Ju 1- 13v-Sg 10: 14A Stepp sio r 1-8832 P.02
StPbrvr E Harriman AM Asso rlate3
.. off.
July 12, 1999
Ion Porterfield 934-1160
O'Brien Kreitzberg kcT 914-813
651 Pine Street, 66 Floor
CA 94553
: site Visit Observation,July 9, 1999
DM low
On Friday, July 9, 1999, Don Kinyon and Alan Estrada observed the project for. concrete
imperfections_ The forms.have been removed exposing much of dne concrete work. The
following list contains ;noticeable imperfections observed:
I) A number of the door fres along the east and west walls are not plumb, These fres
may not be able to accept new doors.
2) 'here are locations, exposed to the dayroo , were the forms kicked out and the walls are
not plumb. The locations include, but not limited to,the south wall of the dayroom
adjacent to sleep rooms 5, 6 and 7 as well as above the door to sleep room S.
3) The HVAC bridge above the opening to sleep room 8 and the toilet room appears to have
a sag.
4) Plumbing sleeves and mechanical sleeves at the variious deep rooms have deformed due to
the concrete placement.
5) The west side HVAC concrete shelf contains imperfections along the underside and the lip
edge is not straight. (Previously observed and indicated in memo to O'Brien Kreitzberg,
dated June 30, 1999).
b) The interior sloped roof7upper tight well transition edge of the west side sleep rooms have
excess concrete,
7) Out of plumb and void rnper f ons have been detected through out the interior of the
south and west side sleep rooms.
8) There is exposed rebar in the north east existing wall located at the new to existing wall
transition.
9) The chamfered edge of the urea: side HVAC shelf does not match the existing edge
condition.
14) The north east MVAC shelf at the new to existing transition varies in thickness.
I l) The HVAC bridge spanning r om sleep room 4 to room 6. has excess concrete aloe the
underside and at the corner face,
12) The extenor angled parapet walls at the south elevation are not plumb and may not be able
to be repaired.
Jul-1,3--'139 10: ISA StOPF 8 sr ra SIO 4—BI32 P.03
13) The South wen Parapet MjOet has detached from the Parapet VAdl.
Dunng the mecW&the contractor kWicated that he is pbmag to concentmtc work on the
repairs to the above described corwrete'unpofections. The contractor indicated that the repair
eek is planned for the next tweeks.
S y$
Donald P. Kinyon
Man Estrada
,Architct
O'Brien Kreitzberg Juvenile Hall Renovation, Ta alpais Wing
E3
Field Observation
Field Observation No.
Description: Doors 3 and 4 Swing
To Company: Detrick M. Donaghue Date Issued: 7114199
To: pat Donaghue Required Response ®ate: 7130199
From Company. O'Brien Kreitzberg Drawing Ref:
From: Jon Porterfield Spec Ret`: 08150
cc: Stephen E. Harriman AIA & Associates
Detailed Description:
See the attached field observation from Stephen E. Harriman AIA &Associates, submitted as
RF1 3033.
Date: Jue- /1, 05� , Signature
Contractor response:
Data: Signature
Originator response:
Work Completed:
Date: Signature
phis notice is not authorization for an increase contract amount nor an extension of the contract completion date.
�t4l —d3--99 10:40A Sdef i Har y-iman 510 A-8132 P.02
O'Brien Kreitzberg Juvenile Hall Renovation, Tarnalpais Wing
m _ REQUEST FOR INFORMATION
Conant cm be mod i7y sd tett Twbm bo t dOkatw zW rtar lw.
�at'ao#s3$aeo2 .fin �,l� rtrFt,4}��
1 NO 3033
r?4*C"r P A Donaghue7'
TranumMal Atini A Reed
Ta Cm
�o n e 1
+lam r traaraaaeae s
. An:1? or
E �att�r9t to {
NO. to CM .fort{OK 7-13-99 y
e_
to-
lnfornation Needed.
Per my site visit today, it was observed that two door frames have been installed incorrectly at the
east side. The hinge side of then frames has been installed on the wrong side. The door will swing
open against the toilet unit in this configuration. These doors must swing open against the wall.
Please have contractor remove and reinstall these two frames.
-
Date: 7-13-99 Slgnetur - .
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'ETI EIS KREITZBERG
* A DAME&MOORE GROUP COMPANY ( _ s/
651 Pine Street,6tit Flco */"))C*
1999 Martinez,California 94553
July , 925 335 1040 el
425 335 :070 Fax
Via Facsimile
JUL
999
Mr. Patrick M. Donaghue
Patrick M. Donaghue General Contractor
2501 `ajJJest Channel Road, #FI
Benicia, CA 945101
Subject- Juvenile Hall Renovation,Tarnalpais Wing,Martinez,California(WH399B)
Dear Pat:
I arra writing in response to your letter dated July 9, 1999, in which you protest the withholding of
payment for non-conforming work, and request a meeting.
You and I met on July 9, together with the project architect and others from my office, and reviewed the
deficiencies that were noted in Field Observation No. 4. It is evident hat the repair work will require
more than sacking and patching. Where sacking and patching ma.y be employed, the extent of this effort
exceeds what most in the industry would characterize as a normal pari of the construction process. In
fact, you proposed in our meeting that the entire face of the Day Room walls below the mechanical shelf
be chipped away and floated with new concrete. Although the County is willing to consider, without
obligation, your proposed remedy to the noted deficiencies, we must safeguard the County's contractual
remedy(:500).15 and Division F, Section 14)to direct that the work be removed and replaced. Therefore,
as provided in Division D, clause 8, payment shall be withheld for the removal and replacement of non-
cc forming concrete work, including door frames, plumbing fixture carriers and rough-in mechanical,
electrical and plumbing. We will promptly review your action plan upon receipt.
I am presently organizing a meeting per your request, and will include the team members you listed, but
in so doing must insist that your bonding agent accompany you. I will notify you of the proposed date
Shortly.
Sincerely,
O'BRIEN KRF.ITZBERG
.ion PorterY.i�P.E,
cc: George Roemer, County Administrator's Office
David Schmidt, County Counsel
Don Kinyon, Stephen liarrirnan AIA& Associates
Insurance Company of the gest
?Marx Tortorich, O'Brien Kreitzberg
Gerry MacClelland, O'Brien I{reitzberg
Offices Worldwide
O'BRIEN KREITZBERG
A DAMES MOORE GROUP COMPANY
65 i ?n erect,6th Floor i
;Martinez,Cahflom'a 94553
925 335 1040 Tel
923 335 1070 Fax
July 19, 1999 Via Personal Delivery and Fax
Mr. Patrick M. Donaghue J U L 2 01999
Patrick M. Donaghue General Contractor
250 West Channel load, #H �-. UN I-Y COUNSEL
Benicia, CA 94510 MARTINEZ,CALIF.
Subject: Juvenile Hall Renovation, Tairalpais Wing, Martinez, California(WH399B)
By letters dated July 9, July 13, and July 14, 1999, as well as Field Observations Nos. 1-4,
you were notified of serious deficiencies in the cast-in-place concrete walls, door frames,
mechanical shelf, plumbing fixture carriers, mechanical sleeves, and other associated items.
The defective work does not corn:,ly with Sections 03100.3, 03 100_5, 03300.3, 03300.8,
033E}G.15, 08150.5, and 08150.6 of the Technical Specifications and Sheets A.L, A.9 (detail
7), and S.1 of the drawings. Given the extent and location of the defective work, it seriously
compromises the utility and security of the building and looks terrible.
In my July 9 letter, in an effort to work with you, 1 directed you to submit an action plan
describing how you propose to correct these serious defects. Unfortunately, the action plan
dated July 14, 1999 that you submitted provides inadequate details about your proposed
repairs .and,reinforces our impression that you do not understand the seriousness of the
problem and are not adequately committed to providing a proper, acceptable remedy.
Therefore, your action plans is unsatisfactory and rejected.
The defects we have observed pervade the entire above-slab concrete work and impact the
work of other trades, such as doers and electrical. Given the serio=usness of the defective
work and your failure to provide an adequate action plan, you leave the County no choice but
to reject the defective work. The work is rejected p=ursuant to the above-listed sections and
drawings, as well as the following: Sections 13 and 14 of Division F, Section 37 of Division
G and Sections 01010 and 01400 of the Technical Specifications. As provided in Sections 8
and 11 of the Construction Agreement, payment will be withheld for the defective work until
it is properly replaced or corrected.
Offices WaHdwide
Upon rejection of defective work, you are required to reprove and replace it promptly. (See
Section 14 of Division i and Section 03300.15 of the Technical Specifications). Therefore,
you will have until close of business on Thursday, July 29, to complete the necessary
demolition and removal of the defective concrete work and door frames.
At this point, the County believes that the defective concrete work and floor frames cannot be
repaired or salvaged. Even if they could be, the County doubts that your present crew has
sufficient skill and expertise to accomplish the extensive, specialized repairs that no doubt
would be required. Should you believe otherwise, you may submit to the County no later
than. Friday, July 23, a detailed, comprehensive corrective plan endorsed by acceptable
Professionals outside your company. To be considered by the County your proposed plan
must rneet the following criteria:
1. All proposed concrete repairs must con ply with the standards of the American.
Concrete Institute and must be approved by their authorized representative.
2. The proposed corrective action for the door frames mast be approved by an
authorized representative of the manufacturer(Stiles Custom Metal, Inc.), who must
provide written assurances that the manufacturer will honor ail warranties and
guarantees.
3. The plumbing, electrical, and HVAC subcontractors must provide written assurances
that they will honor all warranties and guarantees associated with their work.
Should you fail to remove the defective work by July 29 or submit an acceptable corrective
plan to the County by July 23, the County will treat the defective work as a material breach
of contract and will proceed to terminate your contract rights and arrange for another firm to
complete the contract work. If this results in additional expense to the County, the County
will file suit against both your company and your bonding company (Insurance Company of
the West).
Every though the defective work will have adverse eff=ects on other associated work, you
resumed work on July 13 and have proceeded to implement repairs without prior approval.
For example, the wall between doors 7 and 22 Inas been bush ham rnered and sacked, bort door
7, which is out of plumb apprommately %g' on the strike side, was not corrected first. You
previously have been warned that, by proceeding with other associated work prior to proper
correction of the defective work, you will assume all resulting risks and expenses. We
reiterate that warning. Should you
continue to proceed with ether associated work without first resolving the defective work,
you hereby are put on notice that the associated work will be rejected and not paid for and
probably will have to be removed.
Sincerely,
Jon Porterfield, P.E.
Construction Manager
cc: George Roemer, Senior Deputy County Administrator
David Schmidt,County Counsel
Jim Matheron, Probation Department
Steve Harriman AIA,Stephen Ha iman AIA&Associates
Ikon Kinyon, Stephen Harriman AIA&Associates
Insurance Company of the West
Gerry MacClelland AIA,Principal in Charge,O'Brien Kreitzberg
Mark Tortorich AIA, Senior Project Manager,O'Brien Kreitzberg
• A DAMES&MOOR=GROUP COMPANY
651 Pine Street,6th Fioor
Martinez, Cahforn;a 94553
925 335 1040 Te:
925 335 1070 Fax
July 27, 1999 Via Facsimile & Certified Mail
Mr. Patrick M. Donaghue
Patrick M. Donaghue General Contractor
250 gest Channel Road, #H
Benicia, CA 9451 0
Subject: Juvenile Mail Renovation,Tamalpais Wing, Martinez, California H399B)
This letter responds to your July 23, 1999 letter, in which you requested that we review the
"Concrete Corrective Plan"enclosed with your letter. Actually,this is the second corrective plan
that you have submitted. The first one was rejected in my July 19, 1999 letter.
We have reviewed the second plaza that you submitted on July 23 and find it to be unacceptable,
because it is inadequately detailed and lacks the endorsement of acceptable professionals outside
your company. Therefore, the second plaza likewise is rejected. This means that the July 29
deadline for removal of the defective work still applies.
Despite our repeated warnings that any work performed would be at your own risk, you have
implemented repairs, including concrete patching and door frame removal, without an approved
corrective action plan, and have built upon the defective work by erecting structural steel. We
view your refusal to cease activity as an act of bad faith. A concrete expert recently viewed the
project and advised us that the patching materials you are using are not acceptable. Absent the
approval of the County and its consultants, your work activities serve only to further exacerbate
this matter.
Evidently, you have hired a concrete consultant (Claude Trusty)to assist you in developing an
acceptable corrective plana Provided that you immediately curse all work (including
unapproved repairs) in the Davy RoomXSleep Room Addition, we are prepared to allow you and
Mr. Trusty some additional time to prepare another corrective plan. The plan must include the
elements described in.nay July 19, 1999 letter and a proposed schedule of your repair activities,
and must be submitted by close of business on,4ugust 6, 1999. in addition, work must remain
stopped until such time (if any) that your corrective plan is accepted by the County.
Your written notice by close of business on July 27, 1999, together with an immediate cessation
of all work activity in the Day Room/Sleep Room Addition, will serge as acknowledgement of
your acceptance of this opportunity. Should you fail to either remove the defective work by July
Offices Worldwide
Mr. Donaghue Page 2 of 2
July 27, 1999
29, 1999 or cease work in the Day Room/Sleep Room Addition by dose of business on July 27,
the County will treat the defective work as a material breach of contract and will proceed to
terminate your contract rights and arrange for another firm to complete the contract work. If this
results in additional expense to the County, the County will file suit against both your company
and your bonding company (Insurance Company of the Nest).
Sincerely,
O'B.i RENT T KREIT.ZBER.G
Jon Porterfield, P.B.
Construction Manager
cc; George Roemer, Senior Deputy County Administrator
David Schmidt, County Counsel
Jim Matheron, Probation Department
Steve Harriman AIA, Stephen Harriman AIA&Associates
Ikon Kinyon, Stephen Harriman AIA& Associates
Insurance Company of the West
Gerry MacClelland AIA, Principal in Charge, O'Brien Kreitzberg
Mark Tortorich AIA, Senior Project Manager, O'Brien Ireitzberg
r
O'BRIEN KREITZBER
A LJA�vt�S$MO�eiE Gi2C1;1¢C(7MPA��f
651 Pine Street,6th door
Martinez,California 94553
925 335 1040"el
925 335 '070 Fax
August 6, 1993 Via Facsimile & Certified Mail,Return ,receipt Requested
Mr. Patrick M. Donaghue
Patrick M. Donaghue General Contractor
250 West Channel Road, #l-1
Benicia, CA 94510
Subject: Juvenile Miall Renovation,Tamalpais Wing, Martinez, California.
(WH39913)
This letter responds to your July 30 and August 5, 1999 letters in which you requested
that we review the "Corrective Action Plans" enclosed with your letters. These plans
were your. third and fourth attem is to provide a detailed and comprehensive plan of
action for correction of the defective work identified in my July 9, 1939 letter and
rejected in my July 19, 1999 letter,
Your latest plans Nave been thoroughly reviewed by our staff, County staff, and the
County's outside consultants. Unfortunately, your latest plans suffer from most of the
same deficiencies pointed out in my letters dated July 19 and July 27, 1999 (see enclosed
copies). In general, you have submitted information for various products but have not
submitted a pian that details the exact methods and products to be used to repair specific
items or locations. In particular, your plan includes the following deficiencies:
1. By previous correspondence you were notified of numerous defects in the work that
do not comply with the contract and pervade the entire above slab concrete work, and
other affected trades, in the Day Room/Sleep Room Addition. You have not disputed
these findings. Yet, your plan proposes that the same crew repair these deficiencies.
Your concrete consultant's July 23, 1999 letter, which is included as part of your
plan, concludes with the following italicized sentence:
In spite of all of the above, repairs are an art. Whose doing the repairs
r. ust have can appreciation, a knack, and an eye for their work where
architectural concrete is involved
Your crew lacks the specialized skill necessary for the proposed repair work, and is
therefore unacceptable.
ofs:ces woddwde
. Donaghue Page 2 of 3
August 6, 1939
2. The plans fail to address how the extreme alignnnent problems associated with the
interior day room walls, the Mechanical shelf, and the -exterior walls and parapets will
be corrected. You have repeatedly characterized the required repairs as a sack and
patch job. However, interior and exterior elements of the structure are significantly
out of alignment to the extent that bush hammering of the surfaces would require the
removal of several inches of concrete. Your proposed expert has limited his scope to
methods and nataterials for sacking and patching. There is no discussion of how the
minimum coverage for reinforcing steel will be maintained and verified.
3. Follow-on trade work is poorly addressed. For instance, the effect on sheet metal
flashings and gutters of the severely Misaligned parapet walls is not discussed. The
plan states that approximately twelve doors will be hung and repaired in place, but
provides no detail of how this will be acconnplished, whether the installation will be
endorsed by the door manufacturer, or if the final assembly will meet specification
tolerances and be suitable for a detention facility. The lighting fixtures in the sleep
rooms are shown to be partially recessed in the concrete, and must fit snugly for
safety reasons. However, the corrective action plan does not address how the poorly
formed recessed areas will be corrected to provide the required installation.
4. Your plans fail to provide any procedure for evaluating the structural integrity of the
concrete work:or how it may be affected by your proposed repair activities, flow&,a
current position of reinforcing steel will be determined in areas where the forms blew-
out is not addressed. No method is provided for ensuring that adequate coverage of
reinforcing steel will be maintained where bushing and chipping is performed. If
reinforcing steel is exposed, no details are provided for repair.
5. No quality control program is proposed for ensuring the acceptability of the repair
work. For example, a test procedure for determining the adequacy of the bond of the
concrete patches is not provided. Your plan states that your proposed concrete
consultant will monitor sacking and patching operations, but does not address
whether he will also oversee the broad scope of additional repairs required, nor
whether he possesses the technical expertise to do so.
6. Perhaps of greatest concern is that your corrective action plant is not actually a plant.,
but rather an intention to develop a plan. You,propose to "integrate fixes with issue
exploration"and state that you"will review the protect to identify portions of the
project requiring repair or replacement" [emphasis added]. Your inability to produce
a schedule for tate corrective work due to "(t)he many unknowns in this repair"
reinforces the fact that you have not developed a complete and detailed plan for
correcting the numerous deficiencies.
Per my July 27, 1999 latter, you were given until close of business today to submit an
acceptable corrective plan. For the reasons stated above, your plans are inadequate and
are rejected.
Mr. Donaghue Page 3 of 3
August 6, 1999
Since you have failed to submit an acceptable corrective plan and have failed to remove
the defective work by the applicable deadline (August 6, 1999), the County finds you to
be in material breach of your contract. Accordingly, O'Brien Kreitzberg,the County
Administrator, and the County Counsel intend to recommend to the Board of Supervisors
on Tuesday,August 10, 1999,that your rights under the contract be tenninated. The
termination will be based on your performance of pervasive defective work,your failure
to remove and replace the rejected work, and your faire to present a detailed,
comprehensive corrective plan and will be pursuant to the following contract provisions:
1. Sections 11 and 19 of the Construction Agreement;
2. Sections 11, 13,-14, 20, 26, and 28 of the General Conditions (Division F);
3. Section 37 of the Supplemental General Conditions(Division G);
4a Sections 01010, 01400, 03100, 03300, and 08150 of the Technical Specifications;
5. Sheets A.2, A.9 (detail 7), and S.1 of the drawings; and
& General legal and equitable principles.
The Board will consider this matter at or after 2b X30 p.nL on August 10. If you disagree
with the proposed termination of contract rights,you may appear at that time and
comment to the Board.
Sincerely,
O'BRIEN KREITZBERG
Jon Porterfield, P.E.
Construction Manager
cc: Insurance Company of the west,Attn: Ernie Ulibarri(vidffacsimile&certirled mail,return r°ecelpt
requested)
George Roemer, Senior Deputy County Administrator
David Schmidt,County Counsel
Jim Matheron,Probation Department
Steve Harriman AIA,Stephen Harriman AIA&Associates
Don Kinyon,Stephen.Harriman AIA&Associate
Gerry'MacCleliand AIA,principal in Charge,O'Brien Kreitzberg
Mark Tortorich AIA, Senior Project Manager,O'Brien Kreitzberg