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.