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HomeMy WebLinkAboutMINUTES - 07072015 - C.102RECOMMENDATION(S): ADOPT Resolution No. 2015/240 accepting as complete the construction contract work performed by R & R Design and Construction Corporation for the above project, as recommended by the Public Works Director. DIRECT the Clerk of the Board to file with the County Recorder a certified copy of Resolution No. 2015/240 and the attached Notice of Completion no later than fifteen (15) days after adoption. AUTHORIZE the withholding of $74,500 in liquidated damages pending the Contractor’s execution of negotiated change orders. AUTHORIZE the withholding of $10,000 in contract funds to ensure the submittal of project close-out documents. FISCAL IMPACT: There is no direct fiscal impact resulting from the adoption of the Resolution of Acceptance and Notice of Completion, but the adoption and recording will limit the period for filing stop payment notices and bond claims on this contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/07/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria, 925-313-2144 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 7, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: PW Accounting, PW CPM Division Manager, PW CPM Project Manager, PW CPM Clerical, Auditor's Office, County Counsel's Office, County Administrator's Office C.102 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 7, 2015 Contra Costa County Subject:Adopt Resolution of Acceptance and Notice of Completion for the Driveway and Apparatus Bay Entry Improvements at Fire Station 69, El Sobrante (WW0787) BACKGROUND: On July 31, 2014, the Contra Costa County Fire Protection District (District) entered into a construction contract with R & R Design and Construction Corporation (Contractor) for the subject project. The work included dry rot repairs at the apparatus bay doors, and replacement of the existing damaged concrete driveway and sidewalk. The above contract has been completed in accordance with the plans and specifications. It is recommended that the work covered by the contract be accepted by adopting a Resolution of Acceptance and Notice of Completion (Resolution 2015/240). As part of the project close-out, Public Works staff negotiated two change orders with the Contractor, one of which would extend the contract completion date to 5/19/2015 and resolve potential claims that the Contractor may have on the project. If the change orders have not been executed as of the date of project acceptance, it will be necessary for the District to continue withholding $74,500 in liquidated damages due under the contract for the Contractor’s late completion of the contract work. However, if the change orders are subsequently signed as negotiated, the contract completion date (12/21/2014) would then be extended and the liquidated damages would be released to the Contractor. Otherwise, the contract completion date would remain as is and the District would retain the liquidated damages. Under the contract, the Contractor is required to submit to the District certain project close-out documents, including a written guarantee and as-built drawings. To date, those documents have not been submitted. Public Works staff recommends that the District withhold $10,000 from the contract funds to ensure that the close-out documents are properly submitted and that the District retain that sum if the close-out documents are not submitted. CONSEQUENCE OF NEGATIVE ACTION: Accepting a contract as complete is standard procedure and allows for proper closeout of the contract. If the above contract is not accepted as complete, the period for filing stop payment notices and bond claims may be extended. ATTACHMENTS Resolution No. 2015/240 Notice of Completion Recorded at the request of: Contra Costa County Public Works Dept. Capital Projects Management Div. When recorded, return to: Contra Costa County Public Works Dept. Capital Projects Management Div. 255 Glacier Drive Martinez, CA 94553 NOTICE OF COMPLETION (Civil Code Section 9204) NOTICE IS GIVEN of completion of the following public work of improvement: (1) Project name: Driveway and Apparatus Bay Entry Improvements to Fire Station 69, 4640 Appian Way, El Sobrante, for the Contra Costa County Fire Protection District (2) Date of completion: July 7, 2015 (3) Name and address of Owner: Contra Costa County Fire Protection District, c/o Contra Costa County Public Works Department, Capital Projects Management Division, 255 Glacier Drive, Martinez, CA 94553 (4) Name and address of Direct Contractor: R & R Design and Construction Corporation, 3380 La Sierra Avenue, Suite 104-553, Riverside, CA 92503 (5) Name and address of Construction Lender: None (6) Description of site: Fire Station 69, 4640 Appian Way, El Sobrante, CA, 94803 I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the agent of the Owner named above, that I have read this Notice, that I know and understand the contents, and that the facts stated in the Notice are true and correct. Dated: July 7, 2015. Ramesh Kanzaria Contra Costa County Public Works Dept. Capital Projects Management Div.